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1. Hill - Mangatainoka 1BC NO2B NO3 [2018] Chief Judge's MB 250 (2018 CJ 250) [pdf, 152 KB]

   ...reference to rules 4.9 and 4.10 of the Rules as supporting reasons why the application could not be accepted. 8. The applicant then filed this application, to review the Registrar’s decision, on 28 June 2018 without the required fee. The Law 9. The provisions relevant to the application are rules 4.9, 4.10, 8.8(b) and 8.14 of the Rules, and section 58(3) of the Act. a) Rule 8.8(b) states: 8.8 Notice of appeal A notice of appeal must - (b) Set out full details of...

2. IT v KRR [2015] NZIACDT 66 (28 May 2015) [pdf, 99 KB]

   ...sufficiently serious to warrant upholding the complaint as a professional disciplinary matter. Though the statutory context is quite different, a relevant discussion of the underlying policy issues to be weighed can be found in Orlov v New Zealand Law Society (No 8) [2012] NZHC 2154. [35] Section 50 contemplates the Tribunal upholding a complaint without necessarily imposing a sanction. However, section 45(1) of the Act provides that the Authority may treat a complaint as trivial or inco...

3. Howell v Jaram - Omaio 43 Section 4 (2014) 104 Waiariki MB 73 (104 WAR 73) [pdf, 149 KB]

   ...MB 136-149 (Heard at Te Kaha) Appearances: J Koning, counsel for the applicants M Milroy, counsel for the respondent Judgment: 10 September 2014 RESERVED JUDGMENT OF DEPUTY CHIEF JUDGE C L FOX Koning Webster Lawyers, PO Box 11120, Papamoa 3151 Attention: John Koning Email: john@kwlaw.co.nz Foster & Milroy Lawyers , DX GB22011, Hamilton 3204 Attention: Mark Milroy mailto:john@kwlaw.co.nz 104 Waiariki MB 74 Introduction [1] This case...

4. Gray - Mohaka A4 Trust (2014) 36 Takitimu MB 254 (36 TKT 254) [pdf, 176 KB]

   ...http://www.justice.govt.nz/courts/maori-land-court/documents/judgments/pdfs-maori-land-court-sittings/2005/Ashcroft%20v%20Phillips%20-%20Mohaka%20A4%20-2005-%20179%20Na%20254.pdf http://www.justice.govt.nz/courts/maori-land-court/documents/judgments/pdfs-maori-land-court-sittings/2005/Ashcroft%20v%20Phillips%20-%20Mohaka%20A4%20-2005-%20179%20Na%20254.pdf 36 Takitimu MB 256 The Law [6] In terms of the appointment of trustees, s222 of the Act states: Appointment of trustees (1) Subject...

5. N Ltd v EB [2023] NZDT 469 (5 September 2023) [pdf, 239 KB]

   CI0301_CIV_DCDT_Order Page 1 of 7 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2023] NZDT 469 APPLICANT N Ltd RESPONDENT EB The Tribunal orders: EB is to pay N Ltd $579.60 by 27 September 2023. Background 1. EB owns a swing mooring at [location redacted]. 2. [THE REGIONAL COUNCIL] requires mooring owners to have their moorings serviced by a licenced mooring contractor or by an officer of the [THE REGI

6. Bott v Standing [2012] NZIACDT 44 (24 August 2012) [pdf, 109 KB]

   ...Zealand Ltd (the company he was most recently operating his practice through). [30.4] The Tribunal noted that Mr Standing was required to maintain client records for seven years, and be in a position to make them available. The Code has the force of law (see sections 37–39 and 44 of the Act). It is implausible that any responsible liquidator would impede Mr Standing from getting a copy of his client record to respond to a complaint, given the legal duties on Mr Standing. [30.5] The...

7. [2016] NZSSAA 026 (11 April 2016) [pdf, 50 KB]

   ...Social Welfare v Attrill [1998] NZAR 368. 9 [35] 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 Econ...

8. Egden v CAC20005 & Ors [2015] NZREADT 80 [pdf, 148 KB]

   ...[21] He also submitted that Mr Egden could not be in breach of s 50 because this section only applied to licensed salespersons (which Ms Hackett was not). [22] For these reasons, Mr Hall submitted that the decision of the CAC was wrong in fact and law and should be set aside. [23] Mr Hall also submitted that even if the Tribunal found that the unsatisfactory conduct finding should remain, Mr Egden should have permanent name 5 suppression.2 He submitted that there was no p...

9. [2023] NZEnvC 258 Kaiuma Farm Limited v Queenstown Lakes District Council [pdf, 236 KB]

   ...Marlborough District Council (‘MDC’), as a party to the enforcement order proceedings, abides this decision.3 1 Resource Management Act 1991. 2 Kaiuma Farm Ltd v Marberry Estate Ltd [2021] NZEnvC 198 at [45]. 3 Email of A Besier (Tasman Law) to the Registry (27 January 2023). 3 [3] The background to the making of the orders is traversed in detail in the decision on them.4 Submissions [4] Counsel traverse relevant principles but as these are well settled I focus this...

10. 2023-03-02-Decision-on-Adjournment-of-First-Phase-Inquest.pdf [pdf, 181 KB]

    ...firm commitment to a fair and robust process that involves a full and proper exploration of all the important issues for Inquiry. Next steps [20] I have asked the Ministry of Justice to ascertain courtroom availability in the Christchurch Law Courts for a period of at least six weeks later this year. As I explained at length in the course of efforts to set down the current fixture, there are a number of considerations that must be weighed. I recognise too that any accommodation...