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1. Protection Order Applications flow chart jun2024 [pdf, 169 KB]

   ...for a without notice application. Breach of Police Safety Order - a Police Safety Order (PSO) can be issued by Police to protect people at risk from violence, harassment or intimidation. If the person bound by the PSO does anything that is not permitted, Police can take them to the District Court and request a temporary Protection Order be issued. This occurs as long as there is no objection from the person being protected. This temporary Protection Order follows the process for a wi...

2. [2024] NZEmpC 174 A Ifraz Investments Ltd v Jamal [pdf, 202 KB]

   ...fails to prosecute all or part of the plaintiff’s proceedings to trial and judgment; or (b) the defendant fails to prosecute all or part of the defendant’s counterclaim to trial and judgment. [15] Although the provision does not explicitly permit the Court to strike out proceedings for delay on its own initiative, power to do so arises under the Court’s inherent powers.3 3 Reid v New Zealand Trotting Conference [1984] 1 NZLR 8 (CA) at 10; and Philip A Joseph Joseph on C...

3. BX v HL [2024] NZDT 372 (13 June 2024) [pdf, 134 KB]

   ...to drive. 20. HL had been seizure free for approximately 40 years. He was on medication, and I accept his account that he was taking it regularly. His doctor stated that he was fit to drive. I note that by way of contrast, HL is not currently permitted to drive until his medical team confirm that he is fit to drive and that is reviewed and confirmed by Waka Kotahi (New Zealand Transport Agency) 21. There was no evidence supporting an assertion that alcohol played any part in this...

4. [2024] NZEnvC 258 Valentine v Auckland Council [pdf, 218 KB]

   ...Court’s decision but not call evidence; (a) the Council has junior counsel present at the hearing so that, if any matters arise during the hearing that the Council can assist with, there is a representative available to assist; (b) the Council be permitted to have input into conditions should the appeal be refused. [9] Counsel agreed with that proposal. [10] Having considered the Council’s submissions more fully following the Conference, I determine that it is appropriat...

5. 2021-07-28 Fish & Game - Legal submissions in relation to the pORPS [pdf, 148 KB]

   ...fit for purpose as it does not give effect to Part 2 RMA and the NPSFM 2020. This is why the pORPS and future Land and Water Regional Plan (LWRP) are being developed, and why PC7 is necessary as an interim measure to manage consenting of water permits until the LWRP is notified. Reconciling tensions between the NPSFM, NPSUD and NPSREG 4 Fish and Game agrees with the experts for ORC, the Minister for the Environment (MFE), the Director-General of Conservation (DOC) and the Territ...

6. WHT Annual Report 2022 [pdf, 252 KB]

   ...claims, being those under $20,000, in order to ensure they are quickly and efficiently heard and determined. Such claims are rare and there are none currently before the Tribunal. The Tribunal operates in an inquisitorial or investigative manner, as permitted by the Act.4 It may grant any remedy that can be claimed in a court of law, though has only limited power to award costs.5 The Chair can issue practice directions.6 There are comprehensive Directions and Guidelines in plac...

7. 2017 NZSSAA 035 (4 July 2017) [pdf, 104 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. Relevant law [15] The appellants accept that the sickness benefit and jobseeker support which they received are income tested benefits. Income is defined in s 3 of the Act as follows: income, in relation to any person,—...

8. [2018] NZEmpC 17 Goldstone Aluminium Ltd v Edmond [pdf, 199 KB]

   ...a further 14 days following receipt of the statement of defence, Goldstone is to file and serve affidavits of the evidence it relies on. Any documents relied on are to be annexed to those affidavits as exhibits. (c) Goldstone shall not be permitted to adduce any other evidence without the leave of the Court. (d) The parties are directed to mediation. This should be arranged expeditiously to take place as soon as possible after the expiration of the period specified in parag...

9. Whata - The Proprietors of Ruahine Kuharua Incorporation (2015) 120 Waiariki MB 204 (120 WAR 204) [pdf, 209 KB]

   ...filled out were valid. A blank voting form was stapled to each proxy form and placed into an envelope to be collected by the proxy holder at the AGM. [6] At the AGM it was decided that the election would proceed on the basis of shareholding as permitted by regulation 14. Shareholders were asked to place their votes in a sealed box that was later unsealed at the Deloitte Rotorua office. Twenty-eight voting forms, being votes cast by the one proxy voter for other shareholders, had been...

10. Rua - Section 47, 49, 50, 51, 52, 172 Patetere North East Survey District (2001) 76 Ōpōtiki MB 210 (76 OPO 210) [pdf, 274 KB]

    ...entities. It is also impossible for this Court to ascertain what the owners' views would be to these very significant changes that are being proposed by this application. Accordingly, I am not persuaded that the application for variation should be permitted at this stage. Orders The Court makes the following orders: 1. An order under section 239/93 replacing Mr Paratene Paora (deceased) and Mr Paul Swinton Jrn with Mr Rawiri Te Moana and Mr Mihaere Paora. That order in terms of...