Search Results

1. [2015] NZSSAA 101 (17 December 2015) [pdf, 39 KB]

   ...do not meet the criteria of s 86(9A) must be limited.2 [19] The considerations to be taken into account in exercising the discretion include the Chief Executive’s obligations under the Public Finance Act 1989 to make only payments authorised by law, and under the State Sector Act 1988 for the economic and efficient running of the Ministry. The context of the Social Security Act 1964 and the impact of recovery on the debtor, taking into account the International Convention on Economic,...

2. OP v QR LCRO 339/2013 (28 August 2014) [pdf, 38 KB]

   LCRO 339/2013 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of [South Island] Standards Committee BETWEEN OP Applicant AND QR Respondent DECISION The names and identifying details of the parties in this decision have been changed. Introduction [1] This review concerns a complaint relating to the performance of an undertaking given in conjunction with

3. CAC20004 v Vessey [2015] NZREADT 46 [pdf, 167 KB]

   ...respect of real estate transactions and promote public confidence in the performance of real estate agency work. [23] Professional standards must be maintained. The aspects of deterrence and denunciation must be taken into account. It is settle law that a penalty in a professional disciplinary case is primarily about the maintenance of standards and the protection of the public, but there can be an element of punishment. Disciplinary proceedings inevitably involve issues of deterren...

4. Ngatai v Tawhai - Wharawhara 22 (2020) 241 Waiariki MB 252 (241 WAR 252) [pdf, 239 KB]

   ...2 55 Ōpōtiki MB 62-62 (55 OPO 62-63) 3 106 Ōpōtiki MB 27-32 (106 OPO 27-32) 12 November 2008 4 222 Waiariki MB 245 (222 WAR 245) 5 Ibid, 247 6 Ibid, 249 7 235 Waiariki MB 286 (235 WAR 286) 241 Waiariki MB 255 Te Ture The Law [11] Section 240 of Te Ture Whenua Māori Act 1993 provides: 240 Removal of trustee The court may at any time, in respect of any trustee of a trust to which this Part applies, make an order for the removal of the trustee, if it is satis...

5. Habib v Ali - Succession to George Habib (2021) 227 Taitokerau MB 206 (227 TTK 206) [pdf, 225 KB]

   ...Evidence Act 2006 apply.2 I find that none of the exceptions apply, and note that the authenticity of a diary, recorded on Microsoft Word, is unreliable. On this basis I determine that extracts of the diary are inadmissible. Te Ture - The Law [13] Section 109(1)(a) of Te Ture Whenua Māori Act 1993 (the Act) states:3 Succession to Māori freehold land on intestacy (1) Subject to subsection (2), on the death intestate of the owner of any beneficial interest in Māori freeh...

6. [2017] NZEnvC 137 Tasman District Council v Ashton [pdf, 494 KB]

   ...of Fitness or Registration. The Court when issuing its Interim Decision would have been unaware of the additional requirements that it was imposing through the proposed Order 1a). These represent an additional obligation over and above what the law currently requires. As currently expressed, there is no limitation on the number of vehicles brought on site as long as they are both warranted and registered, and not stored. b. Providing a specific exemption for farm and personal vehicl...

7. AD v ZW and ZWZ [2014] NZDT 592 (27 May 2014) [pdf, 34 KB]

   ...ZWZ, who is in her late eighties, did not attend the Tribunal or wish to participate in this dispute. Issues [9] The issues are: (a) Whether the Tribunal has jurisdiction to hear this claim? (b) If so, whether AD can establish her claim? Law and Decision Does the Tribunal have jurisdiction to hear this claim? [10] AD’s claim is brought against ZW in his capacity as AA’s enduring power of attorney (EPOA) and from there against ZW and ZWZ as the trustees and executors of AA�...

8. Contact Energy Limited.pdf [pdf, 237 KB]

   ...starting from a different point, and that there is a stronger case for limited consent duration in that situation than for point source discharges.10 26. Contact agrees with the Decision11 that the requirements in existing Policy 6, including case law, good practice guidelines and potential environmental risks, would apply to point source discharge consents, and that when viewed in conjunction with the existing Policy 6, longer consent durations for point source discharges are app...

9. The Trustees of Oweta 4B v Riki - Oweta 4B (2012) 21 Tairawhiti MB 190 (21 TRW 190) [pdf, 166 KB]

   ...back before the Court on 1 February 2012, by which time it was clear that Scott Riki cannot progress an application for a building consent until he gets agreement from the trustees and the owners to the garage-bach being on the land. Relevant Law & Discussion [22] The relevant sections of Te Ture Whenua Māori Act 1993 dealing with the grant of an occupation order are s 328 and 329. Section 328(2)(a) makes it clear that where the land concerned is held under an ahu whenua trust...

10. SM v D Ltd [2023] NZDT 155 (10 May 2023) [pdf, 229 KB]

    CI0301_CIV_DCDT_Order Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2023] NZDT 155 APPLICANT SM RESPONDENT APPLICANT’S INSURER D Ltd GN The Tribunal orders: D Ltd is to pay $28,569.28 to SM on or before 7 June 2023; and D Ltd is to pay $1430.72 (being $1130.72 insured loss and $300.00 uninsured loss) directly to GN on or before 7 June 2023. Reasons 1. SM engaged D Ltd to carry out