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1. The Chief Executive of Land Information New Zealand v Taare - Awapuni 1F3 (2016) 60 Tairawhiti MB 90 (60 TRW 90) [pdf, 203 KB]

   ...Executive of LINZ in assessing what would be “fair consideration” in relation to Awapuni 1F3. [31] The Chief Executive of LINZ has a statutory role under s 41 of the Public Works Act 1981 (PWA) to comply with s 40 of that Act and s 40(2)(d) permits a sale by the Chief Executive “at any lesser price”. The respondents remain committed to further discussions with both Airways and LINZ in relation to Awapuni 1F3. [32] For these reasons, the respondents request that the Court,...

2. LCDT Annual Report 2023 [pdf, 471 KB]

   ...(of a procedural nature) can be considered by the Chair alone, and some of which require the convening of the full, or reduced number Tribunal. A reduced quorum, consisting of three members (Chair, one lay member and one lawyer member), is permitted under the Act to consider applications for Interim Suppression of Name and for Interim Suspension Orders. These provisions allow speedier consideration of such applications at a considerably reduced cost. At times, in order to...

3. [2023] NZEmpC 224 Medina Trading Ltd T/A Hotel Debrett v Hunter [pdf, 270 KB]

   ...statement of claim has been filed, directions can be made, and steps taken by Ms Hunter, about the nature and scope of the hearing. [41] Alternatively, if the parties wish for the matter to be heard as a de novo challenge, the Court can make directions permitting that under s 182(3) of the Act, but the entire matter will then be before the Court. Costs [42] Costs are reserved. In the event the parties are unable to agree on costs, Ms Hunter will have 14 days from the date of this...

4. Gupta v Dhar [2016] NZIACDT 65 (4 October 2016) [pdf, 208 KB]

   ...potentially provided them intending that Immigration New Zealand would believe they related to the correct position of employment. [7.4] In respect of the residence application, the application said the complainant had never been refused a visa or permit. In fact, since lodging the EOI Immigration New Zealand twice declined work visa applications. Accordingly, the information in the application was wrong, and Mr Dhar knew or ought to have known that. [7.5] Accordingly, Mr Dhar all...

5. Pue v Kīngi - Te Rūnanga o Ngāti Maru (Taranaki) Whenua Tōpu Trust (2015) 335 Aotea MB 1 (335 AOT 1) [pdf, 389 KB]

   ...made on 22 December 2005 in Chambers reducing the number of trustees by two and appointing, together with the remaining trustees, the persons nominated at the general meeting as trustees by way of replacement. I also indicated that any party was permitted to apply for a rehearing within 28 days. 19 Application for enforcement of obligations of trust [17] On 2 February 2006 Rata Pue filed an application for a rehearing regarding the appointment of replacement trustees. 20...

6. Horne v Anaru - Pukehina M Sec. 2A, M Section 2B No.2 and M2D Aggregated (2015) 123 Waiariki MB 40 (123 WAR 40) [pdf, 234 KB]

   ...The first is reference to nominations for trustees coming from “whānau”. This broadening of the ability to move and second resolutions, which is effectively what is done when a nomination is put forward, may then lead to the practice of permitting non-owners to vote at a general meeting. In my experience, owners have long decried attempts by non-owners to attend, speak at, and move resolutions in general meetings, let alone purporting to vote. [29] There are many examples...

7. Recording Industry Association of New Zealand v Telecom NZ 3760 [2013] NZCOP 14 [pdf, 136 KB]

   ...categories of documents is relevant in this case. To be sure, s 122L(3), which provides that “[t]he Tribunal may determine its own procedure for determining an application that is dealt with on the 5 papers, subject to any regulations”, permits some degree of procedural flexibility. Even so, in the circumstances of this case, s 122L(3) does not assist the account holder. If the letter is a challenge notice, it was filed out of time. The Tribunal should not consider a chall...

8. Robinson v CAC 20006 & Wagner [2014] NZREADT 57 [pdf, 62 KB]

   ...about Mr Rawnsley providing the complainant with authority to sign a listing agreement on his behalf; nor could that be inferred. The agency could not list and market the property on the signature of one owner alone; the mediation agreement did not permit this. Nor is this otherwise permissible. An agent must have the written authority of all owners in order to market and sell a property. [42] In the circumstances of this case, it is submitted for the Authority that the licensee sh...

9. [2015] NZEmpC 208 Caffe Coffee (NZ) Ltd v Farrimond interlocutory [pdf, 130 KB]

   ...Chief Judge Colgan said this on the matter of jurisdiction: 3 [75] I am satisfied that the Court is empowered to require disclosure and inspection of relevant documents on conditions that are not set out expressly in the Regulations. Reg 6(2)(b) permits this. It is the final empowering provision in a hierarchy that starts with express statutory provisions in the Act or Regulations, moves in the absence of such expressed powers to the High Court Rules and finally, in the absence...

10. OIA-112091.pdf [pdf, 1.9 MB]

    ...Police to protect people at risk from violence, harassment, or intimidation. When a PSO is made the person bound by it must leave the address while the PSO is in force and abide by certain conditions. If the bound person does anything that is not permitted by the PSO, Police can take the person to court. A breach of a PSO is not a criminal offence. However, where a PSO has been breached, Police can request a temporary Protection Order be issued by the District Court. This occurs as lo...