Search Results

1. HortNZ - EiC - V Hodgson - Planning (5 Feb 2021) [pdf, 341 KB]

   ...services to various district and regional councils. The scope of work for the public sector has been broad, covering plan change processes, submissions to national standards/regulations/policy statements and regulatory matters, mediation and appeals. 8. I have worked in geographic information system positions in the United Kingdom and worked for CKL Surveying and Planning Limited in Hamilton. 9. Living and working in the rural environment of South Auckland / North Waikato, I h...

2. Tank Trust v Auckland Council & Anor [2013] NZWHT Auckland 15 [pdf, 237 KB]

   ...is what would restore the claimant to the position held before the tort was committed. [67] Diminution in value was the measure of loss applied by the High Court in Altimarloch in relation to the claim against the Council, the Court of Appeal saw no reason to depart from this approach11 and the Supreme 8 Cao v Auckland City Council HC Auckland, CIV-2010-404-7093, 18 May 2011. 9 Johnson v Auckland Council [2013] NZH...

3. Overview Trustee Ltd as trustee of the Carrigafoyle Trust v Cook & Anor as trustees of the CC Trust [2011] NZWHT Auckland 35 [pdf, 309 KB]

   ...will be shared if the proceedings fail. [144] The ratio was that when a non party promotes and funds proceedings by an insolvent company solely or substantially for its own benefit it should be liable for the costs if the claim or defence or appeal fails.[29] Page | 32 [145] It appears in this matter that the claimant did not have the funding to pursue the case even after the Calderbank offer. [146] This present case clearly falls into the category of a major s...

4. Waikato Bay of Plenty Standards Committee v Parlane [2010] NZLCDT 8 [pdf, 184 KB]

   ...proceedings under the Act and other similarly constituted disciplinary proceedings in New Zealand unless there is a governing statute or other rule requiring a different standard.” [5] This decision largely upheld the dicta in the Court of Appeal. The reasoning in that case was expressly adopted by the High Court in Complaints Committee No 1 of the Auckland District Law Society v APC [2008] 3 NZLR 105. Her Honour Winkelmann J held: “[34] … The Tribunal directed its...

5. Pullar - Aperahama Sullivan whānau Trust (2017) 61 Takitimu MB 45 (61 TKT 45) [pdf, 439 KB]

   ...Lovie Pullar, Earl Sullivan and the whānau of Andrew Sullivan withdrawing their interests from the trust. 27 Larkins v Kaitaia - Waihou Hutoia D2A [2013] Maori Appellate Court MB 159 (2013 APPEAL 159) 28 160 Napier MB 25-29 (160 NA 25-29) 61 Tākitimu MB 58 [56] In addition, as set out at [5] to [9] above, Ms Andrews’ opposition to the whānau trust has been clear from the time the trust was set up. Detriment or...

6. Rangahaua Whanui National Overview volume 1 [pdf, 881 KB]

   ...Settlement of Treaty of Waitangi Claims, Office of Treaty Settlements, December 1994, p 6 2. For a collation of some of the main statements of Treaty principles by the Tribunal and the higher courts, see vol ii, app i. Executive Summaryes .2 2 Court of Appeal in New Zealand Maori Council v Attorney-General in 1987. On the principles of the Treaty, the president of the court, Justice Robin Cooke, said that: (a) ‘[T]he Queen was to govern and the Maoris were to be her subjects; in return...

7. Lewis & Anor as Trustees of the Warren and Bronwyn Lewis Family Trust v Auckland City Council [pdf, 115 KB]

   ...company, rather than with the director, then the potential for personal liability of the director, was unlikely. 15 [29] The matter has been recently considered in Dicks v Hobson Swan Construction Limited & Others, CIV2004-404-1056, an appeal (to the High Court) from a WHRS determination and dated 22 December 2006. Here, Mrs Dicks entered into a contract with the limited liability company, “Hobson Sawn”, which was the first defendant. The second defendant was Mr M...

8. IWCNZ-Submissions-on-Scope.pdf [pdf, 366 KB]

   ...taken as setting what constitutes the bare minimum for coroners when considering how to determine scope, though they may choose to be more flexible and permissive in approach. 26 In Coroner for the Birmingham Inquests v Hambleton,28 the Court of Appeal underscored that a coroner will be guided in making decisions on scope by what is “necessary, desirable and proportionate”: the same standard set out in the aid to Judge Marshall’s minute in this case. 23 [1995] QB 1. 24 A...

9. MLC 2017 July Outstanding OCR Applications [pdf, 345 KB]

   ...made at 103 Wairoa MB 244-245 on 11 July 2001 - Application to the Chief Judge A20170004176 58/93 Wero Karena Omahu 4C Section 6 - and an order for confirmation of alienation made at 56 Takitimu MB 233-237 (8 February 2017) - Notice of Appeal and Leave to Appeal Out of Time (Respondents Douglas Whitfield and Mark Alexander) A20170004320 45/93 Toni Ngahiriwa Welsh, John Ernest Welsh Talbot Venus Talbot (nee Welsh) or Venus Tawera Werehi or Whetumarama Welsh - and a...

10. Donaldson v Hemi - Whaanga 1D 1D Roadway (2019) 188 Waikato-Maniapoto MB 142 (188 WMN 142) [pdf, 959 KB]

    ...injunction should ordinarily be granted in favour of a plaintiff whose rights have been 7 Taueki v Horowhenua Sailing Club – Horowhenua 11 (Lake) Block [2014] Māori Appellate Court MB 60 (2014 APPEAL 60). 188 Waikato-Maniapoto MB 157 affected, subject to certain exceptions where damages may be a more appropriate remedy. 8 The exceptions are: (a) If the plaintiff acts (or fails to act) so as to become disentitled to an in...