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1. LCRO 230/2018 TM - Application for Review of a Prosecutorial Decision (3 April 2019) [pdf, 176 KB]

   ...to the Tribunal.1 The Court explained that:2 The protection to the practitioner once afforded by the threshold test [in the Law Practitioners Act] is thus now met by other means. The oversight of the LCRO should also assist in protecting the resources of the Tribunal and prevent it from being overwhelmed by petty or trivial cases. [14] Previous decisions from this Office have emphasised the need for this Office to proceed with caution when considering whether or not to interfere wi...

2. ENVC speech Alternative Dispute Resolution 2011 [pdf, 188 KB]

   ...caucusing can proceed much more expeditiously. [9] A significant downside of not practicing these things, is a huge unnecessary cost to the parties, and a slowing of the system. The Government, and many people and corporate entities associated with resource management litigation, and not just before the Environment court, are right to be concerned about these things. [10] It is worth remembering that there are references in the Practice Note of the Environment Court, to these iss...

3. Wai 2180 Taihape inquiry newsletter 3 June 2016 [pdf, 1 MB]

   ...Fisher and Bruce Stirling CFRT #A6 Southern block history Terry Hearn CFRT #A7 Central block history Evald Subasic and Bruce Stirling CFRT #A8 Public works takings for defence and other purposes Philip Cleaver WTU #A9 Environment and resource management, wāhi tapu and portable taonga (scoping) Michael Belgrave et al. CFRT #A10 Tribal landscape Tony Walzl CFRT #A12 Economic development and social service delivery (scoping) Philip Cleaver WTU #A14 Māori land reten...

4. Trustees-Role-and-Duties.pdf [pdf, 349 KB]

   ...there is a specific direction in the trust order. When setting up the trust or managing any developments, the trustees may require regular meetings. If there is little or no business to attend to, meeting unnecessarily may be a drain on the trust’s resources. GIVING NOTICE When the need arises, any trustee can call a meeting. For practical reasons, it is advisable to provide trustees two to three weeks’ notice of meetings to allow them to make business and travel arrangements. The...

5. Lt and QT v OT Ltd [2021] NZDT 1430 (16 March 2021) [pdf, 213 KB]

   ...swimming pool fence. The neighbours sold the property to OTL, which intended to remove the garage and build another dwelling close to the fence. OTL, as the developer of the property, was required by CI0301_CIV_DCDT_Order Page 2 of 5 the applicable resource consent to mitigate any adverse effect on the T’s property that might result from its development work. The resource consent noted that the removal of the garage would leave a gap in the boundary fence, and advised that OTL shoul...

6. Wai 2180 Taihape inquiry newsletter June 2016 [pdf, 1006 KB]

   ...Fisher and Bruce Stirling CFRT #A6 Southern block history Terry Hearn CFRT #A7 Central block history Evald Subasic and Bruce Stirling CFRT #A8 Public works takings for defence and other purposes Philip Cleaver WTU #A9 Environment and resource management, wāhi tapu and portable taonga (scoping) Michael Belgrave et al. CFRT #A10 Tribal landscape Tony Walzl CFRT #A12 Economic development and social service delivery (scoping) Philip Cleaver WTU #A14 Māori land reten...

7. [2017] NZSAAA 04 (10 October 2017) [pdf, 232 KB]

   ...of Social Development “since 2010”. It is somewhat unclear from her submissions what she means by this, but it appears that what she is saying is she has suffered injury in this particular at least by being denied access to education and other resources by a discriminatory process related to her status. [14] Finally, she also describes the review process to which she has been subjected as unfair: “… the Ministry of Social Development decision to: (a) Review a decision that...

8. MOJ0217.2E_SEP22_WEB.pdf [pdf, 134 KB]

   ...there is a specific direction in the trust order. When setting up the trust or managing any developments, the trustees may require regular meetings. If there is little or no business to attend to, meeting unnecessarily may be a drain on the trust’s resources. GIVING NOTICE When the need arises, any trustee can call a meeting. For practical reasons, it is advisable to provide trustees two to three weeks’ notice of meetings to allow them to make business and travel arrangements. The...

9. JD v ACC (Leave to Appeal to the High Court) [2024] NZACC 62 [pdf, 210 KB]

   ...construed or interpreted and applied to the facts is a question of law … . [25] Even if the qualifying criteria are made out, the Court has an extensive discretion in the grant or refusal of leave so as to ensure proper use of scarce judicial resources. Leave is not to be granted as a matter of course. One factor in the grant of leave is the wider importance of any contended point of law … . 2 O’Neill v Accident Compensation Corporation [2008] NZACC 250. 8 [30] In G...

10. Jeuken v The Real Estate Agents Authority (CAC 403) & van Schreven [2018] NZREADT 5 [pdf, 250 KB]

    ...the land is put to, and are a matter for the property owner and the builder. A licensee cannot be expected to know or predict a purchaser’s intended use of the land. (b) Development contribution fees payable in respect of an application for resource consent [46] It is apparent from an agreement for sale and purchase provided to the Committee that the vendor bought the property from the original developer. It was a vacant section in a subdivision that had occurred several years...