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1. 2024 NZPSPLA 091.pdf [pdf, 77 KB]

   ...himself while on the property and did not wear any form of identification that would have made his role of private investigator clear. [2] Mr MM accepts he came to Mr DD’s property with a security colleague to serve documents. While he is a licenced private investigator and repossession agent he was working as a document server at the time. Document servers are not a class of private security worker covered by the Act. [3] Mr MM also accepts he filmed the visit from the outs...

2. NE v LBC [2014] NZIACDT 8 (05 February 2014) [pdf, 39 KB]

   ...complainant lodged a Statement of Reply. His position was: [5.1] He accepted another person lodged the first application, but thought the adviser should be responsible as he was “operating under” that person. [5.2] He said the adviser held a licence at the time of the second application. [6] The Tribunal does not have jurisdiction over persons who are not licensed. Any complaint lies against the lawyer who apparently had responsibility for filing the application. The Tribunal makes...

3. [2024] NZIACDT 19 – SC v Murthy (21 June 2024) [pdf, 244 KB]

   ...training is questioned, in the absence of a clear and timely acknowledgement of misconduct and expression of remorse. [15] It is contended that the following sanctions are available to the Tribunal: 1. Censure. 2. Suspension of Ms Murthy’s licence. 3. A penalty in the vicinity of $8,000. 4. Reasonable compensation to the complainant. [16] There is a reply (19 June 2024) from the Registrar to Ms Murthy’s submissions. The Registrar draws the Tribunal’s attention to ss 1...

4. IACDT - An Adviser's Guide to Proceedings [pdf, 441 KB]

   ...requirements when filing documents with the Tribunal. Serving Documents on Other Parties 4 There are specific requirements when serving documents on other parties. STEPS IN A SECTION 55 APPEAL Appeal against Decision to Cancel Licence 6 If the Registrar has cancelled your licence under sections 27 and 28 of the Act, you may appeal to the Tribunal. STEPS IN A COMPLAINT HEARING Statement of Complaint 7 Proceedings are initiated when the Registrar...

5. Landpro - EiC - C R Perkins - Planning (5 Feb 2021) [pdf, 552 KB]

   ...6.4.2, 6.4.2A, 6.4.4, 6.4.5) and in line with the National Policy Statement for Freshwater Management 2020 (NPSFM) rather than under Plan Change 7 (PC7). 3 The timing of PC7 compared to the timing of the applications for the majority of the deemed permit replacements mean that a simple, low-cost process cannot be followed as applications have had to be made under both the RPW and PC7 in order to meet timeframes under s124 of the Resource Management Act (RMA), and are therefore com...

6. [2023] NZIACDT 14 - II v Sun (26 April 2023) [pdf, 118 KB]

   ...explanation to the Tribunal. If he does not, an adverse inference can be drawn.17 His explanation to the Authority in the absence of documentary corroboration or any engagement with the Tribunal is not accepted. [39] The Tribunal finds that Mr Sun permitted the unlicensed individuals, Ms H and Ms M, to give immigration advice to the complainant and his wife. Someone was advising them on immigration matters and as it was not Mr Sun, it must have been Ms H and Ms M, as the complainan...

7. Le Lievre v Muriwhenua Incorporation - Muriwhenua Incorporation (2016) 123 Taitokerau MB 240 (123 TTK 240) [pdf, 303 KB]

   ...30 years the Muriwhenua Incorporation (“the Incorporation”) has enabled shareholders and their whānau to live on the Incorporation’s land through what were originally known as residential leases and which subsequently came to be known as licences to occupy (“LTO”). [2] These arrangements were effected through a process whereby shareholders or their whānau applied to the Incorporation; the Incorporation approved the occupation in principle subject to the grantee carrying...

8. 2021-05-07 JWS - Community Water Supplies [pdf, 5.2 MB]

   ...to a new land and freshwater management regime that gives full effect to the NPS-FM 2020 by establishing an interim planning framework for the cost-effective and efficient assessment of resource consent applications for the replacement of deemed permits and for the take and use of freshwater. [16] PC7 intends to achieve this purpose by providing: (1) strong policy direction for limiting the consent duration for resource consents to take and use water; 1 Memorandum of Counsel dated...

9. ENVC Hearing 6Oct14 s274 evidence chief Janet Moore Appendix 3 Makgill [pdf, 303 KB]

   ...of public access to the coastal marine area as set out under the RMA. The RMA provides for public access to the coastal marine area as a matter of national importance.10 Decision makers must turn their minds not to whether public access should be permitted, but to whether it should be excluded. On the other hand, the RMA is also concerned with the use and occupation of the coastal marine area.11 Nevertheless, in keeping with the RMA’s presumption of public access, the neoliberal approac...

10. Tom De Pelsemaeker - Evidence in Reply (25 June 2021) [pdf, 1.7 MB]

    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 to be referred to the Environment Court under section 142(2)(b) of the RMA AND IN THE MATTER of an application under section 149T of the RMA BET...