Search Results

1. Otago Regional Council [2021] NZEnvC 20 (s 281 Application - Willowridge Developments) [pdf, 102 KB]

   ...notice, which was accompanied by memoranda of counsel stating that Willowridge: (a) makes its application under s 274(1)(d); (b) is not a trade competitor for the purpose of s 308A; (c) seeks to join in relation to two proposed rules addressing permitted and restricted discretionary earthworks (rules 14.5.1 and 14.5.2), and that it supports their deletion; and (d) it has an interest greater than the public generally. [2] The notice was filed some three weeks out of time and was...

2. Phillips v King - Phillips Whanau Trust (2020) 421 Aotea MB 216 (421 AOT 216). [pdf, 200 KB]

   ...that she has resided in the homestead and has benefited from that asset. However, she has done so with the knowledge, if not agreement, of all of the trustees and beneficiaries of the Trust. She accepts that proper processes were not followed to permit her to reside in the homestead, and any conflict of interest given her role as a trustee was not managed appropriately. But that is because the trustees never held a meeting, so she cannot be entirely to blame for the lack of due p...

3. Powell - Tunapahore 6 (2015) 130 Waiariki MB 160 (130 WAR 160) [pdf, 179 KB]

   ...on the trust. [5] Third, she complains that the Deputy Registrar was inconsistent in his conducting of the meeting by, on the one hand, agreeing that the election should be held by way of show of hands and then subsequently changing his mind and permitting a secret ballot. [6] Ms Powell also raised concerns over funds held in trust by solicitors and asked that a determination be made as to ownership of those monies. [7] The issue for determination is whether or not the nominee...

4. [2016] NZSSAA 019 (11 March 2016) [pdf, 37 KB]

   ...property in the trust. [18] The issue is how should the appellant’s income be assessed. In assessing income for the purposes of the Social Security Act 1964, the offsetting of losses from one stream of income from profits made in another is not permitted. The matter was considered by the High Court in Carswell v Director-General of Social Welfare:3 The offsetting of losses which could give rise to subsidisation, is not compatible with the scheme of the Social Security Act or the defi...

5. [2017] NZEnvC 139 MacKenzie v Vavasour Investments Limited [pdf, 243 KB]

   ...A number of other rules in the AUP also apply, including buildings in an Outstanding Natural Landscape (which is a discretionary activity); 4 (c) Because of an outstanding appeal against a rule in the AUP relating to the number of dwellings permitted on the site, the development also requires consent under the Rodney section of the Auckland Council District Plan as an integrated residential development in a high intensity residential zone where it does not meet the relevant stan...

6. A v Van Wijk (Access to File) [2019] NZHRRT 12 [pdf, 100 KB]

   ...protect the plaintiff and the plaintiff’s family’s identity. [9.2] To protect against publication of facts without context. [10] The second and third defendants do not oppose the application on the following conditions: [10.1] If access is to be permitted, such access should be limited to the statement of claim, the statements of reply and the plaintiff’s reply to the statement of reply; and [10.2] Only the most recent versions of the statement of claim and statements of reply...

7. [2016] NZSSAA 083 (29 August 2016) [pdf, 108 KB]

   ...good faith; (d) the beneficiary changed his position believing he was entitled to receive the money and would not have to repay it; and (e) it would be inequitable in all the circumstances, including the debtor’s financial circumstances, to permit recovery. [13] Pursuant to s 86(9B) of the Act, the term “error” includes: (a) the provision of incorrect information by an officer of the Ministry; (b) an erroneous act or omission occurring during an investigation of benefit en...

8. [2021] NZEnvC 051 Rangitane O Tamaki v Manawatu-Wanganui Regional Council [pdf, 4.6 MB]

   ...sought a land use 6 Decision of the Council hearings committee dated 5 March 2018 (Decisions Report) at [2.3]. 7 Decisions Report at [2.3]. 6 consent (which is a controlled activity and was non-notified) to construct a wetland and a discharge permit for any seepage to groundwater from the unlined portion of the wetland. [15] Ms T Manderson (a planning consultant engaged by TDC) provided further details of the applications8 including that TDC applied for the following resource...

9. [2023] NZEnvC 198 Stilwell v Opotiki District Council [pdf, 8.3 MB]

   ...and feral cats within the site. 26. A consent notice, shall be registered against the Record of Title of Lots 2, 7, and 10 to record that the owner(s) shall be required to comply with the following conditions on a continuing basis; i. Not permit more than one dwelling or habitable building to be constructed on the lot. ii. Ensure all buildings are located within the building platform shown on the Land Transfer Plan, except for the two existing sheds on Lot 2. iii. Ensure...

10. CAC10057 v Property Bank Realtor Ltd [2015] NZREADT 75 [pdf, 182 KB]

    ...We will follow our usual procedures regarding the security of all files, documents, recording, etc. 2. Hearings are not transcribed as a matter of course. As such, there is not currently a transcript of the hearing. Hearing are transcribed if permitted by the member who chaired the hearing; the request for a copy of a transcript is declined. A transcript would be provided if directed by the High Court. The request for a copy of the recording is also declined. 3. A copy of your em...