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1. Pikia - Succession to Roimata Ani Pikia [2023] Chief Judge's MB 747 (2023 CJ 747) [pdf, 379 KB]

   ...interests of justice to remedy the mistake or omission. [13] The principles that are applied to s 45 decisions have been previously set out in numerous decisions of the Chief and Deputy Chief Judges, the Māori Appellate Court, and the Court of Appeal. [14] However, for the benefit of the applicant, I note that s 44 explicitly refers to situations where the Court has made an incorrect decision due to a flaw in the evidence presented, or in the interpretation of the law, and it is...

2. [2019] NZEnvC 017 Cossens v Queenstown Lakes District Council [pdf, 4.5 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2019] NZEnvC 17 of the Resource Management Act 1991 of an appeal pursuant to section 120 of the Act JOHN COSSENS (ENV-2017 -CHC-79) Appellant QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Environment Judge J R Jackson Environment Commissioner J T Baines Hearing: In Chambers at Christchurch Final submissions received 20 December 2018 Date of Decisio...

3. [2017] NZEnvC 038 Gravatt v Pierau [pdf, 547 KB]

   ...The Respondent Mr Pierau having been refused resource consent by Auckland Council to hold outdoor art, dance and music events, weddings and corporate functions on the southern part of his 31.8437 Ha rural site at 186 Atkins Road Tomarata, (under appeal lodged late last year but unlikely to be resolved until the second quarter of 2017), now proposed to hold a "Shipwrecked Festivaf' there during Waitangi weekend in early February, purportedly as a permitted temporary activity....

4. McCarthy & Anor v CAC 20007 & Anor [2014] NZREADT 94 [pdf, 53 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2014] NZREADT 94 READT 61/13 IN THE MATTER OF an appeal under s.111 of the Real Estate Agents Act 2008 BETWEEN ROBERT AND ANGELA MCCARTHY Applicants AND REAL ESTATE AGENTS AUTHORITY (CAC20007) First Respondent AND MICHAEL MATUTINOVICH Second Respondent MEMBERS OF TRIBUNAL Ms K Davenport QC – Chairperson Mr G Denley – Member Ms N Dangen – Member HEARD at AUCKLAND on 2...

5. O'Reilly v Registrar of the Real Estate Agents Authority [2016] NZREADT 78 [pdf, 172 KB]

   ...application) to notify the Registrar of any “… changes in your circumstances impacting your eligibility to hold a licence”. [43] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116 of the Act, which sets out appeal rights. Any appeal must be filed in the High Court within 20 working days of the date on which the Tribunal’s decision is served. The procedure to be followed is set out in part 20 of the High Court Rules. _______________...

6. Holt & Ors as Trustees of the Kahala Trust v Auckland Council [2011] NZWHT Auckland 15 [pdf, 129 KB]

   ...between the settling parties. This type of renegotiation was also provided for in the original agreement. [3] The claim proceeded to a formal proof hearing against Mr Arakelian and DVK, and orders were made against them. Mr Arakelian and DVK appealed that decision on the basis that they had not been served with the proceedings. The parties agreed to set aside the original order and bring the claim against DVK and Mr Arakelian back before the Tribunal to be reheard. [4...

7. Trustees of the Rowallan Block XIII Secs 1 and 5 Ahu Whenua Trusts v Orbell - Rowallan Block XIII Secs 1 and 5 Ahu Whenua Trusts (2015) 28 Te Waipounamu MB 37 (28 TWP 37) [pdf, 358 KB]

   ...MB 52 (2) The court may at any time, in respect of any trustee of a trust to which this section applies, enforce the obligations of his or her trust (whether by way of injunction or otherwise). [55] In Clarke v Karaitiana the Court of Appeal stated that aside from the inherent jurisdiction of the High Court conferred on the Māori Land Court by s 237, the Court also has wide supervisory and enforcement powers under s 238. 4 The Court commented at paragraph [38] that: The...

8. Friends of Lake Hayes Society Inc - Lay evidence presented by Richard Bowman and Mike Hanff - 22 February 2022 [pdf, 1.6 MB]

   ...Urban Issues – Sedimentation at the hearing scheduled for 21 March 2022. Dated this 22nd day of February 2022 __________________________ Richard Bowman Secretary Frends of Lake Hayes Society Inc. Otago Region Water Plan Appeals - PC 8 Sedimentation Evidence presented by Friends of Lake Hayes Society Inc. for the Hearing scheduled for 21 March 2022 1. Summary Friends of Lake Hayes Society Inc. wishes to support proposed changes to the Otago Region Water...

9. Dean v Ministry of Social Development (Strike-Out) [2024] NZHRRT 15 [pdf, 218 KB]

   ...was subsequently suspended as a result of failing to satisfy what he described as the Ministry’s request for information “which was some financial statements of [the plaintiff’s] company which were known not to exist.” His partner had appeal rights in relation to the Ministry’s suspension decision. Mr Dean refers to his partner having taken two unsuccessful cases to the Social Security Appeal Authority challenging her SLP benefit suspensions. The first statement of clai...

10. Guide to completing Disputes Tribunal claim form - Tongan [pdf, 221 KB]

    ...tokotaha poupou ʻa ia naʻe teʻeki ai hoko ko ha loea kimuʻa ange. ʻOku hiki ʻa e ngaahi fakatonutonú ʻe he Tribunal, ka neongo iá, ʻoku ʻikai ʻatā ke tukuange atu ʻeni ia ki he ngaahi tafaʻakí tukukehe kapau ʻoku fakahū ha Tangi (Appeal) pea kuo tali ʻe ha Fakamaau ʻa e Fakamaauʻanga Fakavahé (District Court Judge) hano tukuange atu ʻo ha tatau hiki tohi (transcript). Ko e tuʻutuʻuni ʻa e Tribunal Hili ʻa e lava ʻa e fakatonutonú, ʻe ʻikai ʻoatu ha tu...