Search Results

1. Auckland Standards Committee v Lee [2015] NZLCDT 33 [pdf, 36 KB]

   ...Breach Occur? [5] The order was made on 9 December 2013 in the course of a relatively lengthy oral decision delivered by Her Honour Judge M-E Sharp. Her first comments related to the defendant, as recorded at paragraph [53] of the decision:1 “To permit the defendant to continue to litigate with the Konishis in this proceeding despite unpaid costs awards in the High Court and the Court of Appeal is an abuse of process in any Court. I therefore now make an order preventing her from...

2. [2015] NZSSAA 002 (13 February 2015) [pdf, 37 KB]

   ...the payments of benefit in good faith; (d) the beneficiary changed their position believing they were entitled to receive the money; and (e) it would be inequitable in all the circumstances, including the debtor’s financial circumstances, to permit recovery. 3 [11] Pursuant to s 86(9B) of the Social Security Act 1964 the term “error” includes: (a) the provision of incorrect information by an officer of the Ministry; (b) an erroneous act or omission occurring during...

3. Pomare - Utakura 2D8A3A (2003) 96 Whangārei MB 32 (96 WH 32) [pdf, 1.1 MB]

   ...or administration vf that land. (emp. added) The Court obviously believed it had the power to recommend the setting aside of this block as a Maori reservation while it was vested in ahu whenua trustees and certainly sections 338(1) and 338(4)/93 permit it. Accordingly, it is not surprising that Judge Spencer did grant the order, Returning to my review, the Court then ordered that once gazetted, the block would vest in the following people as trustees: Waipo Mane; Wiremu Pomare; Betty H...

4. Joint Witness Statement - Traffic and Transport 26 July 2018 [pdf, 639 KB]

   ...pedestrians 5.2.2.2. Partial road closure - A restriction on the capacity and/or direction of travel, potentially for all modes, within the whole road reserve 5.2.2.3. Managed road closure - A full road closure for motor vehicles only, with access permitted for authorised motor vehicles 5.2.2.4. Authorised vehicles means - Vehicles travelling to and from properties to which access needs to be maintained. 5.2.3. The experts agree that Objective k needs to be re-worded to {(Avoid road...

5. 2020-11-26 List of Parties [pdf, 157 KB]

   Page 1 of 6 LIST OF PARTIES TOPIC: Decision on the provisions and matters raised in submissions on Otago Regional Council Plan Change 7 (Water Permits) Role Name Address for service Applicant Otago Regional Council Service via the website Section 274 Party Aepurist International pete@leaningrockcherreis.co.nz Section 274 Party Airdrie Service via the website Section 274 Party Akarua Ltd Service via the website Section 274 Party Aotearoa New Zealand Fine Wine Estate...

6. Otago Standards Committee v Zhao [2020] NZLCDT 19 (6 July 2020) [pdf, 111 KB]

   NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2020] NZLCDT 19 LCDT 026/19 IN THE MATTER of the Lawyers and Conveyancers Act 2006 BETWEEN OTAGO STANDARDS COMMITTEE Applicant AND RICHARD ZHAO Practitioner DEPUTY CHAIR Judge JG Adams MEMBERS Mr G McKenzie Ms M Noble Ms M Scholtens QC Ms S Stuart DATE OF HEARING 2 July 2020 HELD AT Specialist Courts and Tribunals Centre, Auckland DATE OF DECISION 6 July 2020 COUNSEL

7. BORA Electoral Amendment Bill [pdf, 373 KB]

   ...principle, in keeping with the much less readily qualified character of the right of free expression in that jurisdiction.[6] Expenditure limits and regulated period 12. Applying that principle, I note that the expenditure limits proposed by the Bill permit, as evidenced by past practice under equivalent limits applicable under previous legislation,[7] the effective conduct of candidate and party election campaigns while at the same time constraining the effect of possible inequalities...

8. BORA Coroners Amendment Bill [pdf, 297 KB]

   ...the limited restraints on publication, as set out in the Bill, represent a justifiable limit upon freedom of expression. Reappointment of coroners/relief coroners after they turn 70; cls 47- 48, (Bill p 29) 16. Clauses 47 and 48 of the Bill would permit the reappointment of a former coroner of or over the age of 70 years for one term that does not exceed two years, and the appointment of a former coroner or former relief coroner of or over the age of 70 years as a relief coroner for on...

9. [2021] NZACC 151 - Estate of Carl Snyman (30 September 2021) [pdf, 275 KB]

   ...completeness, the Court agrees with the submissions of Mr Tuiqereqere responding specifically to the arguments for the appellant that: • The definition of “claimant’ under s 6 is not relevant to the issue as to whether an on the papers assessment is permitted. • There is no dispute that an assessor is permitted to rely on information and documentation outside of a clinical examination. However, this does not answer the question as to whether a clinical examination is requir...

10. [2022] NZEmpC 197 Hynds Pipe Systems Ltd v Cheng [pdf, 186 KB]

    ...complies with r 7.23(3) of the High Court Rules, which it has done. The purpose of a search order is to secure or preserve evidence that is or may be relevant to an issue in a proceeding or anticipated proceeding, and to require a respondent to permit persons to enter premises for that purpose.2 The Court may make a search order only if it is satisfied that:3 (a) the applicant seeking the order has a strong prima facie case on an accrued cause of action; and (b) the potential or...