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1 BEFORE THE ENVIRONMENT COURT Auckland Registry ENV 2015 AKL 0000134 IN THE MATTER of the Resource Management Act 1991 AND of an appeal under Clause 14 of the First Schedule of the Act BETWEEN TRUSTEES OF MOTITI ROHE MOANA TRUST Appellant AND BAY OF PLENTY REGIONAL COUNCIL Respondent ___________________________________________________________________ JOINT STATEMENT OF ECOLOGICAL EXPERTS IN LIEU OF CAUCUSING 2...
...experience and knowledge of the individual before appointing them a trustee of a trust constituted under Part 12. The Court must also be satisfied that the appointment of that individual is broadly acceptable to the beneficiaries. [35] The Court of Appeal in Clarke v Karaitiana8 recently considered the appointment of trustees pursuant to s 222, stating: [51] The touchstone is section 222(2) itself. In appointing a trustee, the Court is obliged to have regard to the ability, experienc...
...convened by an independent hearings panel made up of at least one commissioner and one commissioner with a knowledge of tikanga Māori. The panel’s report is then referred to the Minister for the Environment for decision. There is no provision for appeals. HDC anticipates that PC6 could be operative by August 2024. 10 Section 32 Report, at page 9. 11 Council’s memorandum at [23]-[26]. 12 [38] Relief that may be sought by submissions is likely to fall into one of...
...particularly stressful event. Having heard from Ms Linton I am satisfied that the conduct of Mr Keswick in, without notice, refusing to act further caused her anxiety and distress to such a degree that compensation is appropriate. The Court of Appeal has recognised that such distress damages are compensatory in nature: Paper Reclaim Ltd v Aotearoa International Ltd [2006] 3 NZLR 188 (CA) at para 171. [62] Such an order could be made pursuant to s 156(1)(d) of the Lawyers and Conv...
...submissions are to be filed and served by 13 December 2022. Mr Sharma’s submissions are to be filed and served by 13 January 2023. [87] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116, setting out the right of appeal to the High Court. 17 Complaints Assessment Committee 409 v Ganesh [2018] NZREADT 19 at [115]. 17 PUBLICATION [88] Having regard to the interests of the public, it is appropriate to order publication of this decision...
...days of 4 See for example, Scissor Platforms (1997) Ltd v Brien [1999] 2 ERNZ 672 at 681-682; Davidson v Christchurch City Council [1995] 1 ERNZ 172 at 204. (This decision was reversed in part on appeal, but not on this point: Christchurch City Council v Davidson [1996] 2 ERNZ 1, [1997] 1 NZLR 275 (CA)). the date of this judgment; the plaintiff within a further 10 working days and anything strictly in reply within five w...
...the legal liability against all three lawyers. In respect of a claim against F, the Practitioner opined that a claim lay in tort, having identified relevant principles in the case of Connell v Odlun [1993] 2NZLR 257, a case where the Court of Appeal had concluded that a lawyer could owe a duty of care to a person not his client. [6] In later April the Applicant sought a further opinion, this time from Mr L of ME. This opinion supported the grounds for a claim against F in tort, whic...
BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA Court: IN THE MATTER AND BETWEEN AND Decision No. [20181 NZEnvC 83 of the Resource Management Act 1991 of an appeal pursuant to section 120 of the Act WILLOWRIDGE DEVELOPMENTS LIMITED (ENV-2017 -CHC-27) Appellant QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Environment Judge J R Jackson Environment Commissioner J R Mills Environment Commissioner D J Bunting Hearing: at Wanaka on 4 and 5 December...
...making retrospective orders that illustrated divergent results. For example, Mr Wass referred to D v The Police where an anonymisation order was made by the Supreme Court with retrospective effect.19 Mr McBride referred to W v R where the Court of Appeal doubted it could redact retrospectively a judgment that had previously been issued.20 Analysis [32] The starting point is the principle of open justice explained by the Supreme Court in Erceg, as being of constitutional impor...
...suspended for 10 months from the date of this decision, pursuant to s 110(2)(c). (c) Mr Hape is fined $3,500. He is censured. He is ordered to undergo training as set out above at para [33]. [36] The Tribunal draws to the parties’ attention the appeal provisions of s 116 of the Real Estate Agents Act 2008. ____________________ Ms K Davenport QC Chairperson ____________________ Ms N Dangen Member ____________________ Mr G Denley Me...