Search Results

1. [2017] NZEnvC 182 The Rise Ltd v Kaipara District Council [pdf, 3.9 MB]

   ...Lots 1 - 10, 11 (Stage 1 Balance Lot), 101 and 102 (Roads To Vest), and ROW A Stage 2: Lots 11 -14 and ROW B Conditions General - Applying to both Stages 1 & 2 of the Subdivision 1 No further subdivision No further subdivision shall be permitted other than for Controlled Activity Boundary Adjustments (Rule 12.12.3 of the District Plan). This restriction shall subsist for 10 years from the date of registration of the consent notice, or until any District Plan provisions amend t...

2. [2019] NZEmpC 91 Johnstone v Kinetic Employment Ltd [pdf, 253 KB]

   ...[14] High Court Rule 33.2 describes a search order as: (2) … an order … in a proceeding or before a proceeding commences, with or without notice to the respondent, to— (a) secure or preserve evidence; and (b) require a respondent to permit persons to enter premises for the purpose of securing the preservation of evidence. [15] The prescribed terms and form of a search order also confirm that the recipient is required to permit certain named persons to enter the recipi...

3. [2018] NZLCDT 10 Wellington Standards Committee 2 v Hay [pdf, 170 KB]

   ...than strike-off as a proper disciplinary response. [3] Mr Upton QC, urges us to only deliver a censure and impose restrictions on the practitioner’s practice. He submits that would facilitate a loose proposal that if (and only if) the Tribunal permits Mr Hay to keep practising, a group of his friends/associates will loan him $200,000, which Mr Hay can then pay to the complainant, as some recovery of the losses he has occasioned her. This loan will apparently not be available if...

4. [2023] NZEnvC 015 Omaka Valley Group Incorporated v Marlborough District Council [pdf, 656 KB]

   ...occur when sensitive activities locate near existing rural activities. Chapter 14: Use of the Rural Environment 7. Amend Policy 14.3.2(d), as follows: Where an activity is not related to primary production and is not otherwise provided for as a permitted activity, a resource consent will be required and the following matters must be determined by decision makers in assessing the impacts on primary production before any assessment of other effects is undertaken: (d) The extent to which the...

5. LCRO 14/2021 PR and [Law Firm A] v [Area] Standards Committee [X] (30 August 2021) [pdf, 143 KB]

   ...he had breached r 5.9. Concession was also made by Mr PR to having breached reg 6 of the Trust Account regulations. 1 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules). 3 [11] Mr PR denied that he had permitted Mr KJ to use his firms trust account. [12] The Standards Committee delivered its decision on 16 December 2020. [13] The Committee concluded that there was insufficient evidence to establish that Mr PR or [Law Firm A] had allowed...

6. Walters - East Taupo Lands Trust (2011) 272 Aotea MB 241 (272 AOT 241) [pdf, 118 KB]

   ...MB 242 Introduction [1] By application received on 25 May 2011 the trustees of the East Taupō Lands Trust seeks approval for the payment of fees and expenses in excess of what is provided for in the current trust order. Clause 3(b) (ix) permits payment to each responsible trustee of $300.00 per trustee per meeting up to a maximum of ten meetings per annum. The total available to the trustees would therefore be $18,000.00 per annum. In addition, the chairperson of the trust...

7. [2023] NZEmpC 18 Cronin-Lampe v The Board of Trustees of Melville High School [pdf, 254 KB]

   ...witness confirming the plaintiffs’ position, and a memorandum summarising their position. The parties’ cases [10] Mr White submitted that a direction should be made that to the extent a brief of evidence goes beyond the limits of what is permitted, it ought not be read, rather than the defendant filing affidavits responding to the offending material. He said that with the reply evidence coming in late, it was impossible to respond to the offending material. [11] He relie...

8. Auckland Standards Committee 3 v Potter [2022] NZLCDT 27 (27 July 2022) [pdf, 110 KB]

   ...were excused. [33] Mr Potter admitted the charge that he provided regulated services for the client other than in the course of his employment. This relates to his accepting engagement as the client’s employment representative when he was only permitted to undertake legal work as an employee. 9 [34] Although Mr Potter admitted the charge, we requested further submission from the Standards Committee to satisfy ourselves that Mr Potter had infringed s 9(1)(a) of the Act. Ou...

9. [2023] NZEmpC 35 New Zealand Nurses Organisation Inc v Te Whatu Ora – Health New Zealand [pdf, 249 KB]

   ...issues in the abstract, noting that the interpretation of the provisions of the MOUs and other documents entered into between the plaintiffs and the defendant will involve mixed questions of fact and law and are not within the scope of MERAS’s permitted submissions on the law. MERAS’s submissions are not to engage in any matters of fact, including matters of fact relating to MERAS, and MERAS may not address or in any way challenge any evidence or submissions on the facts made...

10. Establishment of Canterbury Earthquakes Insurance Tribunal 30 January 2018 [pdf, 412 KB]

    ...decisions that are required. 4. Your direction is needed on three matters. We recommend: 4.1. limiting appeal rights so the first appeal is only with leave of the High Court, and bypasses the District Court (for lower-value claims), but is still permitted on matters of fact and law; 4.2. the Tribunal be empowered to direct parties to mediation, unless it is unlikely to assist, with mediation occurring after claimants file with the Tribunal; and 4.3. the Tribunal should be able to...