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LCRO 77/2015 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the [City] Standards Committee [X] BETWEEN EAB Applicant AND FBC Respondent DECISION The names and identifying details of some parties in this decision have been changed. The Applicants name is published. Introduction [1] Mr EAB has applied for a review of a decision by the [City] Standar...
...allegations. The Tribunal upheld the complaint. The complaint [4] The Registrar’s Statement of Complaint put forward the following background as the basis for the complaint: [4.1] On 29 July 2013, the complainant engaged Mr Kumar to assist him with an application for a residence visa. The agreement provided for a fee of $100 + GST, and for the complainant to pay Immigration New Zealand’s fees. An invoice was issued for $100. However, the complainant said he paid $4,500 in cash for...
...litigation has been conducted similarly to litigation in the ordinary Courts, the same principles as to costs will apply; and e) There is no basis for departure from the ordinary rules where proceedings were difficult and hard fought, and where the applicants succeeded in the face of serious opposition. As to quantum the Court held that: a) The Court has a broad discretion; b) The Court should look to what is just in the circumstances and in doing so should have regard to the...
...CHRISTCHURCH [2015] NZEmpC 46 [10 April 2015] IN THE EMPLOYMENT COURT CHRISTCHURCH [2015] NZEmpC 46 CRC 16/14 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER of an application for costs BETWEEN RUTHERFORD STREET KINDERGARTEN Plaintiff AND CATHERINE EMMA CHILTON Defendant Hearing: (on the papers by way of submissions dated 26 January and 24 February 2015) Co...
...24 June 2019 2 4 JUN 2019 DECISION OF THE ENVIRONMENT COURT TCDC Proposed Plan - Golf 2012 Ltd - Matarangi 2 A: The appeal is dismissed. The provisions of the proposed District Plan as decided on by the respondent are confirmed. B: Applications for costs are not encouraged. Timetable directions are made if any party wishes to apply. REASONS Introduction [1] This appeal is about the appropriateness of zoning privately owned land as open space. It concerns the land at...
...THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2023] NZEnvC 277 IN THE MATTER of appeals under sections 120 and 121 of the Resource Management Act 1991 (RMA/the Act) AND IN THE MATTER of an application by Waste Management NZ Ltd for resource consents to construct and operate a new landfill at 1232 State Highway 1, Wayby Valley, Wellsford BETWEEN TE RŪNANGA O NGĀTI WHĀTUA (ENV-2021-AKL-076) ROYAL FOREST AND BIRD PROTECTIO...
...appropriate outcome on the evidence before the Tribunal. Rehearing [6] The Tribunal issued a decision upholding this complaint on the grounds presented by the Registrar in her Statement of Complaint. Mr J applied for a rehearing. He supported the application on the grounds: [6.1] He posted a statement of reply to the Tribunal, using a correct postal address and in a timely manner. [6.2] Without the statement of reply, the Tribunal could not justly determine the complaint. [6.3] Th...
...jurisdiction of the Māori Land Court in subsection (1) applies to representation of a class or group of Māori in or for the purpose of (current or intended) proceedings, negotiations, consultations, allocations of property, or other matters. (3) A request for advice or an application for an order under subsection (1) is an application within the ordinary jurisdiction of the Māori Land Court, and the Māori Land Court has the power and authority to give advice and make determina...
...his own use and benefit absolutely. Procedural history [9] This application was initially filed in the Waikato-Maniapoto district. On 13 September 2013, the application was adjourned to the Taitokerau district, for hearing at Auckland, as requested by Mr Retemeyer. 1 [10] The application was first heard in Auckland on 29 September 2014. 2 Mr Retemeyer and Ms Loloa appeared. I raised with Mr Retemeyer whether he is related by...
BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2018] NZREADT 43 READT 005/18 IN THE MATTER OF An appeal under section 111 of the Real Estate Agents Act 2008 BETWEEN PETER PHUONG MINH LAM Applicant AND THE REAL ESTATE AGENTS AUTHORITY (CAC 413) First respondent AND JIANINE (DI) AUSTIN Second respondent Hearing: 6 August 2018, at Wellington Tribunal: Mr J Doogue, Deputy Chairperson Mr G Denley, Member Mr N O’Conn...