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...SCHEDULE OF PROCEEDINGS Re abatement notices 1108 & 1109: erosion and sediment control at 120 Johnstone Drive, Aokautere, Palmerston North ENV-2020-330-000014 Aokautere Land Holdings Limited (ALHL) v Manawatu-Whanganui Regional Council Appeal Against Abatement Notice pursuant to Section 325 of the Resource Management Act 1991 Court Reference: ENV-2020-WLG-000035 1. i. Topic: T...
...have an approximate value of $1,000,000 other than for the following: i. To pay his ordinary living expenses; ii. To enable him to pay and continue to pay his reasonable legal expenses associated with defending these proceedings and any appeal there from; iii. To pay his legal expenses related to the freezing order; or iv. To commence and prosecute any bona fide claims in his own name; v. To meet his taxation liabilities; vi. To comply with any statutory requirements...
...[7] This consideration must however be balanced against the need to ensure that a statement of claim is sufficiently accurate, clear and intelligible to enable the defendant to be fairly informed of the case to be met (as discussed by the Court of Appeal in Commissioner of Inland Revenue v Chesterfields Preschools Ltd [2013] NZCA 53, [2013] 2 NZLR 679 at [84]). [8] Furthermore, sections 82 and 83 of the Privacy Act 1993 limit proceedings in this Tribunal to matters where there has bee...
...in December 2016 by the purchaser of a property (Mr Beath) marketed by the defendants at Mt Victoria, Wellington. The Committee issued a decision on 3 October 2017 in respect of the conduct which is the subject of the current charges. Mr Beath appealed against that decision to the Tribunal. In a decision issued on 31 August 2018 the Tribunal found that the Committee had made an error of law, and had failed to take relevant considerations in to account, and referred the complaint...
...Tukorehe Tribal Committee and Tahamata Incorporation (2014) 319 Aotea MB 238 (319 AOT 238), at [11]. 5 The principal authorities concerning costs are considered in Nicholls v Nicholls - Part Papaaroha 6B Block (2011) Māori Appellate Court MB 64 (2011 APPEAL 64). Those decisions include Riddiford v Te Whaiti (2001) 13 Tākitimu Appellate MB 184 (13 ACTK 184), Manuirirangi v Paraninihi Ki Waitotara Incorporation (2002) 15 Whanganui Appellate MB 64 (15 WGAP 64) and De Loree v Mokomoko a...
...Cross Campus Board of Trustees [2017] NZEmpC 4, [2017] ERNZ 1. 6 See Yong (t/a Yong & Co Chartered Accountants) v Chin [2008] ERNZ 1 (EmpC) at [3]. miscarriage of justice.7 The applicable principles were discussed by the Court of Appeal in Ports of Auckland v NZ Waterfront Workers Union.8 As the Court of Appeal confirmed, the mere possibility of a miscarriage of justice is not a sufficient ground for granting a rehearing.9 What is required is an actual miscarriage of...
...7 Holland & Ors as Trustees of the Harbourview Trust v Auckland City Council WHT TRI- 2009-100-00008, 17 December 2009. 4 At adjudication the claim against the architect failed but the Tribunal declined his application for costs. On appeal the District Court held that the Tribunal was wrong to conclude that the threshold for an award of costs under s91(1)(b) had not been met because the claimant failed to offer the necessary evidence of causation at hearing.8 G...
BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA Before: Hearing: IN THE MATTER AND BETWEEN AND Decision No. [20191 NZEnvC 25 of the Resource Management Act 1991 of appeals under clause 14(1) of the First Schedule to the Act THE WOLDS STATION LIMITED (ENV-2009-CHC-187) ... (continued on the last page) Appellants MACKENZIE DISTRICT COUNCIL Respondent Environment Judge J R Jackson In Chambers at Christchurch Date of Decision : 15 February 2019...
...partnership, which arises from the Treaty of Waitangi. The Treaty creates a basis for civil government, on the basis of protections and acknowledgement of Māori rights and interests within New Zealand’s shared citizenry.3 We also note the Court of Appeal’s decision in New Zealand Maori Council v Attorney- General, where the Court said that “[t]he duty of the Crown is not merely passive but extends to active protection of Māori people in the use of their lands and waters to the fu...
...application would also need to include reasons for the application with reference to the parameters of such a review. [8] For the sake of completeness, I must address one last matter. The applicant included what he described as a new complaint in his appeal application. He alleged that the practitioner had not provided him with information he had requested by two letters. Copies of these letters were provided, and were dated 23 October 2007 and 12 December 2007. The first sou...