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1. Donaldson v Hemi - Whaanga 1D1D Roadway (2021) 230 Waikato Maniapoto MB 168 (230 WMN 168) [pdf, 3.9 MB]

   ...electronic form or by electronic means of any document required to be produced under this rule but may require evidence of the authenticity of the document. [24] The test for admission of further evidence in proceedings is set out in the Court of Appeal case Dragicevich v Martinovich.8 That test has also been adopted by the Māori Appellate Court in determining whether to grant leave to adduce further evidence in an appeal under r 8.18 of the Māori Land Court Rules 2011.9 The Dra...

2. [2017] NZEnvC 178 Lau v Auckland Council [pdf, 4.4 MB]

   ...In the context of the RMA it is also relevant that there is no presumption that costs would follow the event, and that under the RMA litigation carries a high element of public interest and provides for public participation in the submissions and appeal process. 1 [16] In Fonterra Co-Operative Group Limited & Anor v Manawatu-Wanganui See [3]-[4], [9]-[16] and [19], Mahanga E Tu Incorporated v Hawkes Bay Regional Council [2011] NZEnvC 21 , (2011) 16 ELRNZ 332. [2013] NZEnvC 32....

3. [2019] NZEnvC 142 Darby Planning Limited Partnership v Queenstown Lakes District Council [pdf, 1.5 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2019] NZEnvC 142 of the Resource Management Act 1991 of appeals under clause 14 of the First Schedule of the Act DARBY PLANNING LIMITED PARTNERSHIP (ENV-2018-CHC-150) and all other appellants concerning Topic 1 of Stage 1 of the Proposed Queenstown Lakes District Plan (as set out in the Schedule attached) Appellants QUEENSTOWN LAKES DISTRICT COUNCIL Respo...

4. Selwyn v Whakatōhea Māori Trust Board - Opape 1A19B (2019) 220 Waiariki MB 94 (220 WAR 94) [pdf, 322 KB]

   ...be followed, he submitted. First, the application must have been made within 28 days unless the Court is satisfied it could not reasonably have 7 [2012] Māori Appellate Court MB 1 (2012) Appeal 1 at [18]-[25] mailto:kingwairata@gmail.com 220 Waiariki MB 98 been made sooner. The second step is for the Court to consider where the interests of justice lie having regard for the circumstances. Mr Hemi submitted that none of...

5. H Trust v Southern Response Earthquake Services Ltd [2019] CEIT-2019-0011 [pdf, 997 KB]

   ...is known as the policy standard. [42] Identifying the appropriate policy standard is the responsibility of the Court or Tribunal, using accepted methods of contractual interpretation; the correctness of that decision is challenged by lodging an appeal. Observance of the appropriate compliance standard is the responsibility of the appropriate Building Consent Authority; any decision it makes is challenged by seeking a determination from MBIE. [43] Although each policy standard is wha...

6. [2014] NZEmpC 234 Mega Wreckers Ltd v Taafuli [pdf, 59 KB]

   ...organisation then withdrew the employment proposal altogether. The employee failed in his claim before the Employment Tribunal, essentially on the ground that as the starting date had never been agreed to there was no contract of employment. 17 On appeal, however, Judge Finnigan concluded that a contract of employment had come into existence and his Honour awarded compensation in the sum of $6,000 for humiliation and injury to feelings. 18 [18] The authority Mr Bennett relie...

7. PSPLA - Form B: Application for an individual licence [pdf, 642 KB]

   ...section 65 of the Land Transport Act 1998, or an earlier equivalent provision?  Yes  No Have you ever been ordered by a New Zealand court to be imprisoned following conviction for an offence and that conviction or order has not been quashed on appeal?  Yes  No In the last 7 years, have you ever been convicted by a New Zealand court of an offence under the Private Security Personnel and Private Investigators Act 2010 or Private Investigators and Security Guards Act 1974 for...

8. Edwards v Ross - Waikite 3A (2023) 293 Waiariki MB 110 (293 WAR 110) [pdf, 262 KB]

   ...exercising rights of ownership.8 In this situation they are deemed to have been ousted, and the effected owner can sue for trespass by ouster. 6 Taueki v Horowhenua Sailing Club - Horowhenua 11 (Lake) Block [2014] Maori Appellate Court MB 60 (2014 APPEAL 60) at [15]-[16]. 7 At [16]. 8 Fredricsen v Hikuwai (2016) 143 Taitokerau MB 135 (143 TTK 135) at [20]. 293 Waiariki MB 115 [23] In Faulkner v Hoete, the Māori Appellate Court commented on the unique issues that arise...

9. Auckland Standards Committee 5 v Hong [2020] NZLCDT 12 [pdf, 160 KB]

   ...conduct by Standards Committees or the Legal Complaints Review Officer (LCRO) under the Lawyers and Conveyancers Act 2006. (c) Two findings of misconduct under the 2006 Act by the Tribunal, both of which have been confirmed by the High Court on appeal. [16] Mr Hong has been subject to the following penalties: (a) Censure (twice). (b) Fines of $500, $1,500, $1,000 and $7,500 (twice). (c) Orders to take advice on his practice (twice). (d) An order to rectify an error. (e) An o...

10. IG v HC LCRO 101/12 (3 June 2015) [pdf, 47 KB]

    ...has broad powers to conduct her own investigations, including the power to exercise for that purpose all the powers of a standards committee or an investigator, and seek and receive evidence. The statutory power of review is much broader than an appeal, and gives the LCRO discretion as to the approach to be taken on any particular review and the extent of the investigations necessary to conduct that review. Review hearing [22] Ms IG attended a review hearing in [City] on 27 May 2...