Search Results

1. McCleery – Waihaha 3D2 Inc (1997) 1 Waiariki Appellate MB 67 (1 AP 67) [pdf, 1.4 MB]

   ...I'm not prepared however at this stage to remove them completely, and when I say that I'm not doing it as any favour to them, I do it as a saving for the people, for the committee of management notwithstanding what has happened are a human resource for the people, it still has a chance to make a contribution. I agree wholeheartedly with Mr Te Rapai that the incorporation is out of control, and I must consider what the best way is to get it back on the rails, and I have decided to act...

2. Koso v Chief Executive Ministry of Business Innovation and Employment [2014] NZHRRT 39 [pdf, 133 KB]

   ...submissions for the Commissioner stress, it should be recognised that in other circumstances split decisions can be seriously unhelpful. They can create confusion for requesters about what will and will not be provided. They can also increase the resources that agencies spend on requests. If there is one decision, the agency will be much clearer about what it has and has not done. The Commissioner points out that requesters do occasionally argue that they should be drip-fed information...

3. Walker v Flight - Waipapa 1D 2B 3B (2016) 352 Aotea MB 211 (352 AOT 211) [pdf, 263 KB]

   ...strong connection to the land and would be required to remove all buildings, his possessions and his whānau from the site. This will inevitably involve considerable expense. [72] Moreover, it is unlikely that Mr Flight will have access to such resources given the delays in having the remedial works completed and taking into account the evidence on the Court file. If the injunction is granted and is rendered incapable of fulfilment by Mr Flight it seems unlikely that the trustee...

4. [2019] NZEnvC 172 The New Zealand Fairy Tern Charitable Trust v Auckland Council [pdf, 13 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2019] NZEnvC \ 1 2- of the Resource Management Act 1991 (the Act) the application for enforcement orders under s314 and s319 of the Act THE NEW ZEALAND FAIRY TERN CHARITABLE TRUST (ENV-2019-AKL-000137) Applicant AUCKLAND COUNCIL Respondent Court: Judge J A Smith Commissioner A C E Leijnen Commissioner M Mabin Parties: P Muir for The New Zealand Fairy Tern...

5. RIS - Amendments to the Administration of Justice (Reform of Contempt of Court) Bill [pdf, 384 KB]

   ...about whether retaining the common law adds any value in promoting public confidence in the courts and judicial system. 20 Efficient – promotes the efficient operation of the justice system 0 0 There are costs and court resources involved in prosecuting this behaviour but prosecution is likely to be rare. - Rarity of prosecution (last prosecution was in 2004) means negligible impact on efficiency. Without an offence as a deterrent, the Solicito...

6. Wickliffe v Pearce - Paengaroa North B4B and K Aggregated (2005) 289 Rotorua MB 236 (289 ROT 236) [pdf, 5.9 MB]

   ...Act 1956 enabling the Court to grant relief in such situations, that relief is not li ghtly given: in re: Tal/hara Middle 4A2B2 C-Opepe Farm Trl/st (1996) 68 Taupo MB 27. In that decision Judge P J Savage was clitical of trustees who had used trust resources incorrectly even though they had relied on advice. Hc also said that in such cases tmstees have the responsibil ity of establi shing that they have acted honestly and reasonably. Judge Savage then emphasised that trustees in such circ...

7. Short v Stowers - Te Tumu Kaituna 14 Block [2020] Māori Appellate Court MB 141 (2020 APPEAL 141) [pdf, 274 KB]

   ...development of the land; (b) development of the land is clearly desirable; (c) the proposed area would be alienated only to a subsidiary of the trust, and further alienation would require trustee and beneficiary approval; (d) the trust has limited resources and sought a guarantee of the change of status before committing funds to the necessary survey and related expenses for a partition; and (e) the alienation is necessary and desirable to allow for the trust’s commercial operat...

8. [2021] NZEnvC 160 Auckland Council [pdf, 609 KB]

   RE AUCKLAND COUNCIL IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision No. [2021] NZEnvC 160 IN THE MATTER OF an application under s 314(1)(f) of the Resource Management Act 1991 BY AUCKLAND COUNCIL (ENV-2021-AKL-000123) Applicant Court: Environment Judge MJL Dickey sitting alone under s 309 of the Act Hearing: On the papers in Auckland Last case event: Memorandum from s 274 party dated 12 October 2021 Date of Dec...

9. Algie & Ors v ACC [2013] NZACA 1 [pdf, 118 KB]

   ...that as the appellants had abandoned the s 80(1) claim, they lost the jurisdiction under the 1982 Act afforded by 9 I note that Mr Broadbelt had claimed for loss of value of money through using his own resources, but this was disallowed under s 80(1)(d). 10 Mollgaard v ACC (AP/98), per Hammond J 10 ss 374 and 391 of the 2001 Act, which preserved the possible entitlement under s 80 and the jurisdiction of the Authority to which t...

10. [2020] NZEmpC 109 McCook v Chief Executive of the Inland Revenue Department [pdf, 333 KB]

    ...effect that if all the documentation referred to in the plaintiffs’ original notice was disclosed, millions of documents would potentially need to be collated and prepared for release which would be oppressive. It was submitted that significant resource had already been devoted to disclosure processes. [11] A challenge to the objection was filed, timetabled and scheduled for hearing on 13 December 2019. On that date, after hearing from counsel, I adjourned the disclosure chall...