Search Results

1. [2020] NZEnvC 146 River Terrace Developments Ltd v Central Otago District Council [pdf, 566 KB]

   ...Goldsmith submits that the appeal could not be said to have been withdrawn 'late' given the timing of key steps in the proceeding. The notice of appeal was lodged on 24 February 2020. The s274 period ended on 16 March 2020. The withdrawal was filed on 27 May 2020. [5] Further, Mr Goldsmith says that briefing witnesses and preparing for conferencing involves detailed consideration of the issues at stake. That ultimately led to a reconsideration of the appellant's positio...

2. Walker - Mangawhati 3B3 and Mangawhati 3B1 (2020) 214 Taitokerau MB 88 (214 TTK 88) [pdf, 152 KB]

   ...that Mr Walker is not an owner in Mangawhati 3B2. I also raised the issue of this Court’s jurisdiction with respect to general land and recommended that Mr Walker seek legal advice. In addition, I directed that evidence of the pending sale be filed, and that Mr Walker detail the nature of the boundary disputes on the plans of the roadway. [9] On 21 June 2020 Mr Walker sent an email to the Court providing evidence that an auction for Mangawhati 3B1 is scheduled for today, being 3...

3. Marshall v IDEA Services Ltd (Redactions) [2019] NZHRRT 53 [pdf, 158 KB]

   ...personal health information. [1.2] Rule 8 – failure to check health information before use. [2] The proceedings were set down to commence at 10am on 4 December 2019. [3] At 7:39pm on Tuesday 3 December 2019 Mr Marshall (who is representing his son) filed a notice of partial discontinuance the effect of which is that the cause of action under HIPC, r 8 has been discontinued. [4] In the result, when the hearing commenced on the morning of 4 December 2019, the sole issue left for de...

4. [2018] NZSSAA 56 (31 October 2018) [pdf, 133 KB]

   ...based on a 52-week calculation; and/or 6 [23.2] evidence to support the use of the discretion to use weekly calculations, and proof of the relevant income and benefit entitlements using weekly calculations. [24] Any material is to be filed with the Authority, and served on the Ministry on or before 28 November 2018. [25] We have allowed this additional evidence as there was some misunderstanding between the parties regarding the need for a 52-week calculation until the hea...

5. [2021] NZACC 184 - Robinson v ACC (16 November 2021) [pdf, 192 KB]

   ...treatment injury decision was the Corporation’s “refusal to pay or restart” weekly compensation. A review hearing was conducted on 13 September 2017. In a decision on 29 September 2017 the review was dismissed. [21] A Notice of Appeal was filed on 26 October 2017. The Appellant’s Submissions [22] Mr Robinson submits that the crucial point of this appeal is that “everything comes down to a decision”. He says that there are decisions by the Corporation that do not...

6. 2021-12-02 ORC - MOC - re PC1 Chapter 7 (Landfills) & PC8 Part H [pdf, 138 KB]

   ...DX WX11179 Tel +64 3 379 7622 Fax +64 3 379 2467 Solicitor: L F de Latour / M A Mehlhopt (lucy.delatour@wynnwilliams.co.nz / michelle.mehlhopt@wynnwilliams.co.nz) 1 MAY IT PLEASE THE COURT 1 This Memorandum of Counsel is filed on behalf of the Otago Regional Council (Council) in relation to Plan Change 1 to the Regional Plan: Waste for Otago (PC1) and Plan Change 8 to the Regional Plan: Water for Otago (PC8). 2 The purpose of this memorandum is to update the...

7. OK Ltd v HO Ltd & BG [2020] NZDT 1519 (21 July 2020) [pdf, 182 KB]

   ...for the sum of $1,325.26. Neither amount has been paid and OK Ltd applies for an order against BG for $6,002.99 being the outstanding invoices ($5,033.47), interest on the unpaid amount, and costs to prepare this claim including the Disputes Tribunal filing fee. 3. The application first came before the Disputes Tribunal on 18 March 2019 where it was adjourned for further hearing until 9 May 2019. On 20 May 2019, the Tribunal ordered HO to pay $5,033.74 to OK Ltd. 4. OK Ltd appeale...

8. Booth v Herlihy - Waikoukoutauanui 6B 6C and 6D2B [2021] Chief Judge's MB 722 (2021 CJ 722) [pdf, 247 KB]

   ...That is because the relief provided should be commensurate with the principles of the Act found in the preamble, and ss 2 and 17. To order partition without proper assessment would contravene the principle of retention. Rather, Mr Booth should file 2021 Chief Judge’s MB 727 an application to the Court for termination of the trust over his 3/5ths shares and for partition. Then issues relating to partitions, such as valuation and survey of the apportioned lands, can be c...

9. [2022] NZREADT 21 - Wei v REAA (14 October 2022) [pdf, 93 KB]

   ...O’Connor (Member) F J Mathieson (Member) Representation: The applicant: Self-represented The respondent: S Farnell DECISION Dated 14 October 2022 2 INTRODUCTION [1] Zhuoya Wei (the Applicant) has filed an application for review under s 112 of the Real Estate Agents Act 2008 (the Act) against the determination of the Registrar of the Real Estate Agents Authority (the Registrar) on 23 May 2022 to cancel her licence. [2] The Registrar...

10. [2022] NZEmpC 209 Anderson v Noa Farms (2014) Ltd [pdf, 208 KB]

    ...but submits that the amount in [1](b) should be paid net of tax. It disputes the plaintiff’s application for interest and costs. [4] I consider each issue in turn. [5] It was agreed that this matter be dealt with on the papers. The plaintiff filed submissions in support of her claim on 23 August 2022; the defendant filed its submissions on 9 September 2022. The plaintiff did not consider a response was required. Quantum [6] In a minute following a directions conference on...