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1. 2014-Environment-Court-Practice-Note.pdf [pdf, 286 KB]

   ...an expert witness changes any of his or her opinions or conclusions, that must be communicated without delay to all parties to the proceeding. 24 8 Access to Court Records 8.1 Records maintained (a) The Environment Court maintains files of records that comprise both the formal Court Record and materials created by or for Judges and Commissioners. The former may be accessed (see below for detail) but the latter may not. (b) Reference should be made to the District Court...

2. Practice Note 2014 [pdf, 286 KB]

   ...an expert witness changes any of his or her opinions or conclusions, that must be communicated without delay to all parties to the proceeding. 24 8 Access to Court Records 8.1 Records maintained (a) The Environment Court maintains files of records that comprise both the formal Court Record and materials created by or for Judges and Commissioners. The former may be accessed (see below for detail) but the latter may not. (b) Reference should be made to the District Court...

3. 2022 archive

   ...Family Legal Advice Service (FLAS) audit programme has been completed. FLAS provides initial advice and information to parties in dispute over arrangements involving the care of their children, and the audit programme involved an assessment of over 800 files from across 180 providers. Each audited provider received an overall audit compliance percentage score, and it was great to see that almost half received an audit score of 90 percent or higher. Common issues which contributed to lower audit...

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4. Argyle v Macdee McLennan Construction Ltd & Ors [2012] NZWHT Auckland 30 [pdf, 361 KB]

   ...syndrome. They visited the house before purchase and did not see anything which was or might be a weathertight problem. The vendors did not alert them to any problem. [9] Ms Argyle then went to the Council offices and inspected the full Council files in early August 2003. She particularly noted that there was a code compliance certificate. The claimants say that there was nothing in the Council file at that time to show that the house Page | 5 was not constructed in acc...

5. Memorandum of Counsel for Wellington International Airport Limited (17 January 2018) [pdf, 386 KB]

   ...International Airport Limited (ENV-2016-WLG-00058) Memorandum of Counsel for Wellington International Airport Limited Dated: 17 January 2018 Page 2 of 3 WEL98526 6323424.1 May it please the Court: Introduction 1. This memorandum is filed on behalf of Wellington International Airport Limited (WIAL) in response to the Fourteenth Minute of the Environment Court dated 24 March 2017. 2. In 2017, WIAL sought leave to appeal to the Supreme Court in respect of the...

6. LCRO 240/2016 HM v NL (28 November 2018) [pdf, 255 KB]

   ...and that she would make a nomination to include Mr HM as a co-purchaser, once the agreement was unconditional; and that this would be a partnership or joint-venture between them. Mr HM gave Ms Z’s contact details to Ms NL. [6] Ms NL opened a file in Ms Z’s name and sent her a letter of engagement. She also drafted an agreement for sale and purchase and sent it to Mr HM with instructions for Ms Z to sign it.1 The vendors were Mr A and his partner. [7] Mr HM and Mr A carried...

7. LCRO 111/2021 New Zealand Law Society v AP (10 January 2022) [pdf, 349 KB]

   ...2018 incident involving Ms B, emerged. [15] [LFG] decided to investigate the matters. As part of that, it provided Mr AP with a copy of initial notes taken by Ms H. I attach a copy of those notes to this decision, as Schedule A. PAGE 23 SC FILE [16] Mr AP was invited to respond to the matters set out in the notes, and did so in an email to Ms H dated 22 January 2020. I attach a copy of that email, as Schedule B. PAGE 24 SC FILE [17] Eventually it was agreed that Mr AP would...

8. [2022] NZEnvC 247 Country Lifestyles Limited v Auckland Council [pdf, 441 KB]

   ...dismissed. Costs are reserved. B. Mr Wedd’s application for declarations is declined. Costs are reserved. C. InfoTech Accountants Ltd’s application for declarations is declined. Costs are reserved. D. Any application for costs must be filed and served within 10 working days. Any replies are to be filed and served within a further 5 working days. REASONS Introduction [1] These proceedings relate to two applications for declarations sought by InfoTech Accountants...

9. AU v Accident Compensation Corporation (Impairment Assessment) [2023] NZACC 182 [pdf, 419 KB]

   ...for cover for her post-concussion syndrome and chronic pain syndrome. The respondent stated that it was unable to accept her claim, as there was insufficient evidence to show the conditions were caused by accident. [8] On 9 November 2021, AU filed a Notice of Appeal. Appellant’s submissions [9] In her written and oral submissions, AU referred to a large number of documents and made several assertions, many of which were difficult to follow and understand. [10] From her Noti...

10. Clarken v Carling [pdf, 138 KB]

    ...issued proceedings against the Foleys. The Statement of claim did not include a claim for the defects which are the subject of this adjudication claim. A settlement was reached between the owners and the Foleys. [17] On 13 March 2003 the owners filed a claim with the Weathertight Homes Resolution Service (”the WHRS”) and in January 2004, the WHRS Assessor, Mr Probett, provided a report concluding that the owners’ dwelling was a leaky building and he assessed the cost of r...