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1. [2024] NZEnvC 090 Bowkett v Whangarei District Council [pdf, 2.3 MB]

   ...it is clear that without it the works would be unable to be performed legally. Moreover, 20 this Court would normally require evidence that the applicant had permission of the landowner before it could do the works on another property. [101] In the exercise of our discretion we have concluded that it is not appropriate that we should delay or stay the enforcement order to allow Mr Bowkett to undertake the consent process. There is nothing to prevent that consent process taki...

2. [2024] NZEnvC 091 Crafar v Taupo District Council [pdf, 355 KB]

   Crafar v Taupō District Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2024] NZEnvC 091 IN THE MATTER OF an appeal under s 120 of the Resource Management Act 1991 (RMA) BETWEEN ALLAN JOHN CRAFAR (ENV-2022-AKL-236) Appellant AND TAUPŌ DISTRICT COUNCIL Respondent AND TODD GENERATION LIMITED Applicant Court: Environment Judge S M Tepania Environment Commissioner M Mabin Environment Commissioner A Gysbe

3. [2024] NZEmpC 131 Boyd v OJI [pdf, 363 KB]

   ...challenge were or were not discussed with any of those legal representatives (and in any event, legal professional privilege may have applied to such discussions), there was plainly an obvious opportunity for legal advice to be given on the topic. [101] Given the evidence of the express references that were made to the right of challenge that existed, I am not persuaded that Mr Boyd was unaware of his rights, and I am not persuaded that he did not have the means to obtain informat...

4. LCRO 71/2022 OM v NT (22 July 2024) [pdf, 239 KB]

   ...question falls away. (h) If the applicant breached s 114 of the Act, was the Committee’s compensation order appropriate? [100] This question also falls away. (i) Did the applicant breach reg 9 of the TA Regulations and r 9.3 of the Rules? [101] The Committee’s discussion of the issue of the applicant’s debiting of fees from funds held in trust is surprising. Rule 9.3 of the Rules provides that: A lawyer who wishes to debit fees held in trust or to receive funds to cover fees...

5. LCRO 125/2023 TR v HJ (28 November 2023) [pdf, 265 KB]

   ...the respondent’s position to reasonably consider there were grounds for an arguable claim of caveatable interest. [100] I do not consider it appropriate to substitute my own view of the matter without knowing what the Committee’s view was. [101] The information the respondent had at the time of lodgement of the third caveat on 29 April 2022 was different from the information he had in late March 2022 for the above reason cited by the respondent. It was also different by reason...

6. [2023] NZEnvC 254 G I Finlay Trustees Ltd v Western Bay of Plenty District Council [pdf, 299 KB]

   GI FINLAY TRUSTEES LTD v WESTERN BAY OF PLENTY DISTRICT COUNCIL IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TE TĀMAKI MAKAURAU Decision No. [2023] NZEnvC 254 IN THE MATTER of an appeal under s 325A(7) of the Resource Management Act 1991 BETWEEN GI FINLAY TRUSTEES LIMITED, BETH MARY DANIEL and BARRY CARE DANIEL (ENV-2022-AKL-000189) Appellants AND WESTERN BAY OF PLENTY DISTRICT COUNCIL Respondent Court: Environment Judge L J Semple Enviro

7. MOJ0504-Making-parenting-arrangements-workbook-Samoan.pdf [pdf, 2.7 MB]

   ...91: Weekly plan - Name 92: Weekly plan - Name 93: Weekly plan - Name 94: Weekly plan - Name 95: Weekly plan - Name 96: Weekly plan - Name 97: Weekly plan - Name 98: Weekly plan - Name 99: Weekly plan - Name 100: Weekly plan - Name 101: Weekly plan - Name 102: Weekly plan - Name 103: Weekly plan - Name 104: Weekly plan - Name 105: Text Field 3: Text Field 4: Text Field 5: Text Field 6: Text Field 7: Text Field 8: Text Field 9: Text Field 10: Text Fie...

8. Robinson v Accident Compensation Corporation (Weekly Compensation) [2023] NZACC 139 [pdf, 316 KB]

   ...Although in this appeal Mr Robinson seeks to retrospectively establish capacity to work in March 2018, many of the relevant principles come from cases about retrospective incapacity. The principles apply equally in both situations. 2 Section 101(1). 3 Sitarz v ACC [2016] NZACC 22 at [4], [5] and [52] (Judge MacLean). In Sitarz, Judge MacLean found the evidence supported that the appellant had been capable of returning to his pre-injury role, if not in terms of all work tasks, th...

9. LCRO 18/2021 MB v RP and ND (14 October 2022) [pdf, 265 KB]

   ...acting as trustees of the estate, not in the dual role of trustees and lawyer for the estate. No evidence has been produced, such as a letter of engagement, that they had been retained by the estate to provide legal services to the estate. [101] It follows that in reaching and making their decision it was in best interests of the estate to sell the estate’s interest in the property and invest the sale proceeds in a professionally managed fund, Mr RP and Mr ND were not providing l...

10. Wilton TRI-2021-100-002 Procedural Order 27 [pdf, 311 KB]

    IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2021-100-002 BETWEEN HELEN BERNADETTE O’SULLIVAN, FIONA CHERIE WHITE & ANDREW RODGER WILTON as trustees of the WILTON FAMILY TRUST Claimants AND DEANE FLUIT BUILDER LTD First Respondent AND TAB DESIGN LTD (Removed) Second Respondent AND TILING SOLUTIONS WANAKA LTD Third Respondent AND QUEENSTOWN LAKES DISTRICT COUNCIL Fourth Respondent AND HEMPEL (WATTYL) NEW ZEALAND LTD formally called VALSPAR PAINT