Search Results

1. Environment Commissioner Auckland Application Pack [docx, 44 KB]

   ...any number · 11 Environment Commissioners of which there can be any number · 3 Deputy Environment Commissioners (who act in place of Commissioners during periods of absence) and again there can be any number. The Court considers applications and appeals made under the RMA and has wide ranging jurisdiction under the Act. It also has significant jurisdiction under other legislation. A quorum for the Court is one Judge and a Commissioner but the general practice is for a Judge to sit wit...

2. Baker - Waipuka 2S2 Block (2016) 56 Takitimu MB 49 (56 TKT 49) [pdf, 265 KB]

   ...provide the legislative mandate to the trustees to “transfer” estate lands for the purposes specified. What is proposed here, an occupation 1 [2011] Māori Appellate Court MB 143 (2011 Appeal 143) http://www.legislation.govt.nz/act/public/1993/0004/latest/link.aspx?id=DLM291869#DLM291869 56 Tākitimu MB 53 order, is a much lesser right than transfer of the freehold. Then there is the reality that there are no restricti...

3. BORA Anti-Money Laundering and Countering Financing of Terrorism Amendment Bill [pdf, 192 KB]

   ...to assume” that the Commissioner of Inland Revenue was conducting a search, for the purposes of s 21, when requesting information from the New Zealand Stock Exchange under statutory authority. In R v Javid [2007] NZCA 232 at [45(a)], the Court of Appeal accepted that the obtaining of confidential information from a telecommunications company (text messages) by the police was properly seen as a search and seizure. 4 Section 6 of the Bill of Rights Act; Drew v Attorney-General [2002]...

4. Mangu - Motatau 1B3E2 (2003) 98 Whangārei MB 152 (98 WH 152) [pdf, 291 KB]

   ...importance for the beneficial owners, their whanau and hapu. Those references span at least five volumes of the Whangarei and other Taitokerau minute books. Over the years, many applications have been made, decisions including injunctions issued, appeals heard and further decisions handed down." The Applicant's submissions The Applicant stressed that he was simply gifting one of his 42.5 shares in the Land to Mr Paewhenua. He also emphasised that his children consented to the...

5. CAC10063 v Picknell [2013] NZREADT 41 [pdf, 57 KB]

   ...make the following orders: [a] An order suspending the licence of Ms Picknell for a period of nine months under s.110(2)(c); [b] An order that Ms Picknell pay a fine of $1,000. [24] The Tribunal draw the parties’ attention the right of appeal to the High Court contained in s.116 Real Estate Agents Act. DATED at AUCKLAND this 16th day of May 2013 ______________________________ Ms K Davenport Chairperson ______________________________ Mr G Denley Member...

6. [2019] NZEmpC 5 Hatcher v Burgess Crowley Civil Ltd [pdf, 268 KB]

   ...2 For example, Abernethy v Dynea New Zealand Ltd (No 1) [2007] ERNZ 271 (EmpC) at [31]-[33]. 3 Bourne v Real Journeys Ltd [2011] NZEmpC 120, [2011] ERNZ 375 at [13]. 4 Udovenko v Offshore Marine Services (NZ) Ltd [2013] NZEmpC 174. Appeal that parties should have every opportunity to ensure that the real controversy goes to trial, enabling the just determination of the proceeding.5 [11] In that particular case, the Court was required to consider an application for leave...

7. Options for resolving remaining Canterbury earthquakes insurance disputes [pdf, 371 KB]

   ...acknowledge the strengths and weaknesses of their cases earlier. Approximately 93% of cases settle before trial. The List also prioritises cases that have precedent value: clarifying these legal issues enables a raft of other cases to settle. Earthquake appeals are generally expedited. 5 21. Some insurers offer access to independent private mediation. Complaints about EQC can be made to the Parliamentary Ombudsman. Remedies are also available through financial service provid...

8. Auckland Standards Committee v Clews [2014] NZLCDT 49 [pdf, 53 KB]

   ...approval that Mr Clews has subsequently apologised in writing to this practitioner. [10] In terms of disciplinary history we note there was one finding of unsatisfactory conduct which related to the manner in which Mr Clews conducted the trial, the appeal from which led (indirectly) to these two charges. Thus, this is a somewhat unusual situation in that there is a nexus between these charges and the only other adverse finding against the practitioner. We consider that does reduce...

9. [2023] NZEmpC 181 Henderson Travels Ltd v Kaur [pdf, 296 KB]

   ...recordings, transcripts, text messages or WhatsApp communications were tampered with. I find that they have not been altered by Ms Kaur and are what they purport to be. [35] Despite Mr Singh’s first submission, he accepted that the Court of Appeal’s decision in Talbot v Air New Zealand Ltd applies; that is that the recording and consequent transcript are prima facie admissible.8 He submitted, however, that the prejudicial effect of admitting that evidence outweighed its probat...

10. Regulatory Impact Statement Managing the cost of legal assistance in the justice sector [pdf, 200 KB]

    ...representation for people facing criminal charges or allows them to protect their personal rights. Providing legal aid to persons facing criminal charges so they can afford legal representation also lessens the risk of convictions being overturned on appeal. 8. The purpose of this project is to develop a sustainable approach to funding legal aid that protects the objectives of legal aid. 9. Because of the fiscal pressures arising from legal aid expenditure, the changes are urgent. The...