Search Results

1. Nightingale - Awarua 4C15F1A2F (2006) 168 Aotea MB 191 (168 AOT 191) [pdf, 316 KB]

   ...decisions upheld lower Court refusals to change the status of Maori freehold to General land, the Maketu 2A2 judgment did the opposite. The Court also acknowledged in Maketu 2A2 that the intention of Parliament in enacting sections 135 and 136 was to permit the change of status where, following consideration of the principles and objectives of the Act, the Court was still satisfied that there had been compliance with those sections. Put another way, while the Act is premised on the princi...

2. TTOT - Application for Review of Decision of Local Registration Authority [pdf, 352 KB]

   ...Step 7. Tell us the order you are seeking (Please tick to confirm) 1. I seek the following interim order under section 43(2) of the Act (if applicable):  In relation to a decision to impose conditions on my registration, I seek an interim order permitting me to carry on the occupation without complying with the conditions; or  In relation to a decision to refuse to grant my registration, I seek an interim order extending deemed registration for a period specified by the Tribunal. A...

3. 2021-05-12 - ORC - MOC - recall of witness [pdf, 126 KB]

   IN THE ENVIRONMENT COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY I TE KŌTI TAIAO O AOTEAROA ŌTAUTAHI ROHE ENV-2020-CHC-127 UNDER the Resource Management Act 1991 (RMA) IN THE MATTER of the Water Permits Plan Change - Plan Change 7, being part of a proposal of national significance directed by the Minister for the Environment under section 142(2)(b) of the RMA AND IN THE MATTER of an application under section 149T of the RMA BETWEEN OTAGO REGIONAL COUNCIL Ap...

4. TH v CY LCRO 32/2014 (14 October 2016) [pdf, 94 KB]

   ...haste or under pressure, such that the practitioner has mistakenly expressed himself or herself as to its terms … [28] And further:7 The trustworthiness, integrity and standing of the profession would be diminished if a practitioner were to be permitted to say, “I should not have to honour this undertaking, because even though I drafted it, it does not say what I intended it to say”. This would be no better than permitting practitioners to avoid honouring their undertakings by re...

5. [2017] NZEmpC 72 Nathan v Broadspectrum (New Zealand) Ltd [pdf, 95 KB]

   ...urgent basis in a Minute dated 11 November 2016 and in my judgment of 5 December 2016. 3 [5] A stay was granted subject to conditions. [6] On 23 May 2017 the Court of Appeal dismissed Broadspectrum’s application but Mr Nathan has not been permitted to resume work. He now seeks a compliance order because he maintains that he has not been allowed by Broadspectrum to return to active duties in breach of the judgment in his favour. Preliminary matter [7] On 2 June 2017 Mr Nathan...

6. Parohinog v Yellow Pages Group Ltd (Strike-Out Application No 2) [2015] NZHRRT 14 [pdf, 91 KB]

   ...litigants such as Ms Mackrell, and it was made by the Tribunal here. But lay litigants, like litigants who are professionally represented, are required to comply with the pleading rules and procedures of Tribunals and Courts. They are not to be permitted to file incomprehensive claims, because that only visits prejudice and injustice upon the respondent, not to mention enormous inconvenience to the Court or Tribunal. [27] A statement of claim drafted in compliance with these requireme...

7. P v H LCRO 02 / 2009 (20 March 2009) [pdf, 23 KB]

   ...(CA), Fletcher Moulton LJ was considering the power of the Court to strike out an action as vexatious and observed that: The Court has a right to stop an action at this stage if it is wantonly brought without the shadow of an excuse, so that to permit the action to go through its ordinary stages up to trial would be to allow the defendant to be vexed under the form of legal process when there could not at any stage be any doubt that the action was baseless. Importantly his honou...

8. White v Rodney District Council [pdf, 24 KB]

   ...and findings of fact that she (and her late husband) was found to be the head-contractor (there being no “turn-key” contract with Contemporary Design & Build Limited) and that it was the Kerkins who made the decision to depart from the permitted plans, and that therefore her cross-claim against the first respondent thereby failed. Furthermore, the Tribunal’s findings as to the quantum of remedial costs and the claimants’ failure to mitigate their loss was determined...

9. Mau Whenua Incorporated - Port Nicholson Block Settlement Trust (2020) 419 Aotea MB 112 (419 AOT 112) [pdf, 271 KB]

   ...237 confers on this Court the powers and authorities of the High Court with respect to trusts. The limits on the High Court’s jurisdiction apply equally to this Court. The High Court is usually reluctant to exercise its inherent jurisdiction to permit deviations from the terms of a trust instrument. The Court has been prepared to do so in situations where all of the beneficiaries (who must all be sui generis) consent to the deviation.7 But that is not the case here. A trustee ma...

10. 2017 NZSSAA 046 (15 August 2017) [pdf, 98 KB]

    ...position in the belief that he or she was entitled to that sum and would not have to pay or repay that sum to the chief executive; and (b) it would be inequitable in all the circumstances, including the debtor's financial circumstances, to permit recovery. (9B) In subsection (9A), error— (a) means— (i) the provision of incorrect information by an officer of the department: (ii) any erroneous act or omission of an officer of the department that occurs during an invest...