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1. 2024 NZPSPLA 091.pdf [pdf, 77 KB]

   ...himself while on the property and did not wear any form of identification that would have made his role of private investigator clear. [2] Mr MM accepts he came to Mr DD’s property with a security colleague to serve documents. While he is a licenced private investigator and repossession agent he was working as a document server at the time. Document servers are not a class of private security worker covered by the Act. [3] Mr MM also accepts he filmed the visit from the outs...

2. NE v LBC [2014] NZIACDT 8 (05 February 2014) [pdf, 39 KB]

   ...complainant lodged a Statement of Reply. His position was: [5.1] He accepted another person lodged the first application, but thought the adviser should be responsible as he was “operating under” that person. [5.2] He said the adviser held a licence at the time of the second application. [6] The Tribunal does not have jurisdiction over persons who are not licensed. Any complaint lies against the lawyer who apparently had responsibility for filing the application. The Tribunal makes...

3. [2021] NZEnvC 018 Hadley v Waterfall Park Developments Limited [pdf, 1.5 MB]

   ...modifying what is sought, make another declaration, or decline to make a declaration (s313, RMA). The scope and effect of a declaration are set out in s310, RMA. A declaration may, inter alia, declare whether or not an act (or omission): (a) is a permitted activity, controlled activity, discretionary activity, non­ complying activity or prohibited activity (s310(d)); or (b) contravenes the RMA, or a rule in a plan or proposed plan (s310(c)). [5] The applicant bears the onus of provi...

4. Le Lievre v Muriwhenua Incorporation - Muriwhenua Incorporation (2016) 123 Taitokerau MB 240 (123 TTK 240) [pdf, 303 KB]

   ...30 years the Muriwhenua Incorporation (“the Incorporation”) has enabled shareholders and their whānau to live on the Incorporation’s land through what were originally known as residential leases and which subsequently came to be known as licences to occupy (“LTO”). [2] These arrangements were effected through a process whereby shareholders or their whānau applied to the Incorporation; the Incorporation approved the occupation in principle subject to the grantee carrying...

5. [2023] NZIACDT 14 - II v Sun (26 April 2023) [pdf, 118 KB]

   ...explanation to the Tribunal. If he does not, an adverse inference can be drawn.17 His explanation to the Authority in the absence of documentary corroboration or any engagement with the Tribunal is not accepted. [39] The Tribunal finds that Mr Sun permitted the unlicensed individuals, Ms H and Ms M, to give immigration advice to the complainant and his wife. Someone was advising them on immigration matters and as it was not Mr Sun, it must have been Ms H and Ms M, as the complainan...

6. Landpro - EiC - C R Perkins - Planning (5 Feb 2021) [pdf, 552 KB]

   ...6.4.2, 6.4.2A, 6.4.4, 6.4.5) and in line with the National Policy Statement for Freshwater Management 2020 (NPSFM) rather than under Plan Change 7 (PC7). 3 The timing of PC7 compared to the timing of the applications for the majority of the deemed permit replacements mean that a simple, low-cost process cannot be followed as applications have had to be made under both the RPW and PC7 in order to meet timeframes under s124 of the Resource Management Act (RMA), and are therefore com...

7. 2021-05-07 JWS - Community Water Supplies [pdf, 5.2 MB]

   ...to a new land and freshwater management regime that gives full effect to the NPS-FM 2020 by establishing an interim planning framework for the cost-effective and efficient assessment of resource consent applications for the replacement of deemed permits and for the take and use of freshwater. [16] PC7 intends to achieve this purpose by providing: (1) strong policy direction for limiting the consent duration for resource consents to take and use water; 1 Memorandum of Counsel dated...

8. Anderson - Te Raupo (2015) 99 Taitokerau MB 206 (99 TTK 206) [pdf, 263 KB]

   ...house. Normally an estate of this nature would not require formal administration through the High Court as this Court can vest interests in the land and home in those entitled to succeed. However, the situation is more complicated where there is a licence to occupy and/or a tripartite deed. [23] Strictly speaking, a licence is personal only and ends upon a licensee’s death. However, in a decision I issued in 2010 concerning a disputed estate that included a house subject to a l...

9. Aupouri – Mabel Aupouri Whānau Trust (2014) 37 Tairawhiti MB 93 (37 TRW 93) [pdf, 96 KB]

   ...the whole or such part of the net proceeds as the Trustees shall at their sole discretion from time to time determine with power to pay moneys to the Māori Trustee for the purpose of effecting a distribution to the beneficial owners. (viii) To permit occupation and enjoyment by the owners At their discretion to reserve in any lease or licence or otherwise provide for any one or more of the beneficial owners to 37 Tairawhiti MB 96 personally occupy use or otherwise enjoy...

10. ENVC Hearing 6Oct14 s274 evidence chief Janet Moore Appendix 3 Makgill [pdf, 303 KB]

    ...of public access to the coastal marine area as set out under the RMA. The RMA provides for public access to the coastal marine area as a matter of national importance.10 Decision makers must turn their minds not to whether public access should be permitted, but to whether it should be excluded. On the other hand, the RMA is also concerned with the use and occupation of the coastal marine area.11 Nevertheless, in keeping with the RMA’s presumption of public access, the neoliberal approac...