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1. LCRO 254/2016 WR v MH (4 March 2019) [pdf, 109 KB]

   ...attendance basis. [23] Ms MH’s estimate related to the “investigative process” only. The amount estimated by Ms MH was not reached until invoice #435 for work carried out to 31 October 2013 was rendered. This invoice included drafting and filing the claim in the Employment Relations Authority. [24] Mr WR says that Ms MH provided no other estimates during the time she acted for him. However, Ms MH’s brief clearly extended beyond the “investigative 5 process” and...

2. [2019] NZEnvC 009 Double R Developments Ltd v Western Bay of Plenty District Council [pdf, 3.3 MB]

   ...substantially longer than the most direct route, but where the direct route would have greater adverse effects on the environment. The appellant did not comply with that condition, the respondent issued an abatement notice and the appeal was then filed. As set out in the substantive decision, the Court held that the condition was valid and that its merits were not a matter that could be challenged in an appeal against an abatement notice. [3] The respondent seeks costs against the a...

3. Kozlov v The Real Estate Agents Authority CAC (416) NZREADT 21 [pdf, 184 KB]

   ...that the application to submit the correspondence with his solicitor is an attempt by Mr Kozlov to improve on the evidence that was before the Committee. She also submitted that, in any event, in stating that she had “no written record on my file of any conversations with any person post settlement about continued remediation or access to the property for that purpose”, and that she had “no clear recollection of conversations at that time as it was nearly a year ago” the soli...

4. Winitana - Mokau Reserve (2018) 77 Tairawhiti MB 187 (77 TRW 187) [pdf, 283 KB]

   ...Te Kaaho Rurehe whānau, and it appeared that the balance of the views was slightly against the application. Decision [29] I came from the Court hearing with a view as to how the matter ought to be decided. I have taken time to reconsider the file and read the minutes of the hearing and to re-play in my mind what was said and how it was said. [30] I remain of the same view, namely, that there is not sufficient support from the descendants of the owners or from the beneficiaries a...

5. [2021] NZEnvC 030 O'Reilly v Cruice Farms Limited [pdf, 1.7 MB]

   ...lvfarch 2021 DECISION AS TO COSTS A: Under s285 R1v1A 1, Mr Gervais O'Reilly is ordered to pay costs of: (1) $219 .00 to Cruice Farms Limited; and 2 (2) $7,831.13 to the \Vaitaki Disu·ict Council. B: Under s286 RivlA, this order may be filed in the District Court at Dunedin for enforcement purposes (if necessa1y). REASONS Introduction [1] This proceeding concerns an application for interim enforcement orders by Mr G O'Reilly in relation to the construction and...

6. 2021-03-05 ORC - MOC - PC 1 & 8 - amendments pursuant to policy docs (5 March 2021) [pdf, 222 KB]

   ...WX11179 Tel +64 3 379 7622 Fax +64 379 2467 Solicitor: P A C Maw / M A Mehlhopt (philip.maw@wynnwilliams.co.nz / michelle.mehlhopt@wynnwilliams.co.nz) 1 MAY IT PLEASE THE COURT 1 On 1 March 2021, a Memorandum of Counsel was filed on behalf of the Otago Regional Council (Council) in respect of proposed Plan Change 8 (PC8) to the Regional Plan: Water for Otago (Water Plan) and proposed Plan Change 1 to the Regional Plan: Waste for Otago (PC1) in response to the...

7. [2020] NZREADT 06 - Wheeler - Ruling (4 May 2020) [pdf, 313 KB]

   ...ESTATE AGENTS AUTHORITY (CAC 1901) First Respondent AND MICHAEL LEDGER Second Respondent On the papers Tribunal Mr J Doogue (Deputy Chairperson) Mr G Denley (Member) Mr N O’Connor (Member) Submissions filed by: Mr R Wheeler, appellant Ms E Woolley, on behalf of the Authority Mr P Brownless, on behalf of the Second Respondents Date of Ruling: 4 May 2020 ____________________________________________________________________...

8. Hammond v Credit Union Baywide (Admissability of Opinion Evidence) [2014] NZHRRT 57 [pdf, 54 KB]

   ...DATE OF HEARING: 1, 2 and 3 December 2014 (continuing) DATE OF DECISION: 3 December 2014 DECISION OF TRIBUNAL EXCLUDING OPINION EVIDENCE Background [1] On the morning of the first day of hearing (Monday 1 December 2014) NZCU Baywide filed a brief of evidence by Mr Murray James Cowan, the founding Director of Grow Human Resources Ltd (Grow HR), a human resources company providing advice to employers in the Hawke’s Bay district. [2] Ms Hammond objected to the admission...

9. RX v GR LCRO 27/2014 (15 February 2017) [pdf, 89 KB]

   ...KL’s ability to seek independent legal advice on the outcome he accepted in his employment dispute may have been compromised. Miss RX cannot back those suspicions with evidence. [21] Miss RX doubts the wisdom of Mr GR not having recourse to her file when he assumed conduct of Mr KL’s employment dispute from her, and emphasises that she made sure Mr KL knew her file was available. She refers to a “funder provider agreement”, which she had obtained from Mr KL’s employer...

10. LCRO 67/2019 QN v WM and FR (8 August 2019) [pdf, 102 KB]

    ...proceedings. By 6 April 2019, Mr QN had disclosed that obtaining the lawyer’s evidence was his primary purpose, and that he also intended to incorporate “the outcome of the Law Society’s deliberations and findings” in affidavits to be filed in the High Court in relation to the two proceedings mentioned above. [5] Mr QN’s complaint to the NZLS was twofold. The first limb of his complaint was that the lawyers had sent documents to ZN’s lawyer without instructions to do so,...