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1. Brightwell - Okauia B3B1 Block (2017) 135 Waikato Maniapoto MB121 (135 WMN 121) [pdf, 202 KB]

   ...made with the consent of the owner or all of the owners of the interests or shares to which the application relates. While Anne’s children cannot themselves succeed to the occupation order, there appears to be no legal authority which would permit me to make a succession order in favour of either Ms Brightwell or the whānau trust in the absence of consent from Anne’s children. [26] In the circumstances I decline to make a succession order in relation to the occupation order...

2. Criminal Cases Review Commission: areas for further discussion - Redacted [pdf, 334 KB]

   ...c. any judicial officer’s sentencing notes. 38. There is also a general right of access to any information relating to any appeal. 39. However, some categories of information relating to a criminal proceeding may be obtained only if a judge permits it.11 For any information not covered by general rights of access, there are specified matters for the judge to consider in determining whether to release the information.12 40. It may be possible to provide that the CCRC has a right t...

3. [2015] NZEnvC 050 Ngati Kahungunu v Hawkes Bay Regional Council [pdf, 1.7 MB]

   ...would be safeguarded. This EIC S E J Swabey Para [9.6] z EIC S E J Swabey Para [9.28] S 24 [52J Ngati Kahungunu essentially see that this objective would result in the quality of the groundwater (compared to its measured quality today) being permitted to deteriorate to the cusp of chronic decline. [53J Dr Swabey referenced PC 6 in terms of Dr Hickey's evidence and the standard which has been set at 11.3mg/L, but we were not provided with any analysis of the decision-ma...

4. [2018] NZEnvC 144 Auckland Council v Braines [pdf, 377 KB]

   ...Decision [2018] NZEnvC 115. Both decisions are self-explanatory. The ex parte interim enforcement order [3] The initial application for orders were made ex parte on the basis that the site was being used in excess of the residential activities permitted, and that the wastewater systems were not operating properly. This evidence was based upon expert evidence from Mr Ormiston. The Court notes that it made the orders ex parte because of its concerns about: (a) increased danger to...

5. [2019] NZEnvC 057 Auckland Shooting Club Inc v Auckland Council [pdf, 5.1 MB]

   ...application for a certificate of compliance. I am satisfied that I have sufficient information to consider the matters required by the Resource Management Act 1991 (RMA) and make a decision under delegated authority on the application . The activity is permitted under the relevant rules of the Auckland Council District Plan (Rodney Section). Acting under delegated authority, I c'ertify that the proposal described above and at the above location can be done lawfully without a resour...

6. LCRO 209/2018 LY v RT (26 June 2019) [pdf, 135 KB]

   ...Fees [13] The Committee noted that Mrs RT’s invoice was for less than $2,000 (exclusive of GST). It pointed out that reg 29 of the Lawyers and Conveyancers Act (Lawyers: Complaints Service and Standards Committees) Regulations 2008 does not permit inquiry into an invoice where GST exclusive fees are less than $2,000, unless there are special circumstances justifying otherwise. [14] The Committee noted the following: (a) Mrs RT promptly provided Ms LY with terms of engagement, w...

7. Holden v Hanns [pdf, 48 KB]

   ...installer. The surface pre- 7 treatment was also the responsibility of the installer. The installer was not properly trained. 25. The applicant says that Equus had a duty to ensure that only approved applicators and/or THERMEXX installers were permitted to install the Equus weathertight systems. It alleges that Equus failed to perform its representation that the system would be so installed and allowed an untrained applicator to install the cladding using Equus products. 26....

8. LCRO 144/2018 BG v NH (26 May 2020) [pdf, 140 KB]

   ...obligations of lawyers, which are set out in s 4 of the Lawyers and Conveyancers Act 2006.”20 4. The Committee paid no attention to the (acknowledged) fact that Mr NH had appeared in court for Mr BG in March and June 2017 and therefore was not permitted to continue without an instructing solicitor. 6. The “…Committee failed to consider all the issues of concern that were raised”.21 7. If the Committee had considered all of the material supplied it would not have reached...

9. Wellington Standards Committee 2 v Tennet [2023] NZLCDT 20 (17 May 2023) [pdf, 105 KB]

   ...solicitor for a period of 12 months commencing at 6pm on 22 June 2023 (pursuant to ss 242(1)(e) and 244 of the LCA). This period takes into account a number of matters which, on balance, we consider it in the public interest that Mr Tennet is permitted to continue to act for that limited period. 3. On return to practice, Mr Tennet shall be supervised as set out below by a senior practitioner who is accepted as appropriate by the Tribunal on recommendation of the New Zealand Law...

10. BX & HX v L Ltd [2024] NZDT 125 (10 April 2024) [pdf, 196 KB]

    ...disputes the amount of compensation sought by BX and HX. As BX and HX have already received a refund from L Ltd for the cost of the return crossing on the Ferry, their claim falls to be considered under s32(c) of the CGA. Under s32(c) of the CGA, I am permitted to award damages to cover BX and HX’s reasonably foreseeable losses resulting from L Ltd’s failure to comply with the CGA. My findings in relation to each of the costs claimed by BX and HX are set out below. (a) Return flig...