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1. Baker & Baker v CAC 416 & Drumm [2019] NZREADT 34 (12 August 2019) [pdf, 315 KB]

   ...by virtue of Mr Drumm’s providing information that had no relevance to the investigation. She submitted that Mr Drumm’s conduct was fraudulent, and he should be found guilty of fraud. [79] Mr Mortimer spoke to written submissions previously filed, in which the Authority submitted that it was open to the Committee to make the findings it did, on the material that was before it. It was also submitted that where the evidence of Mr and Mrs Baker and Mr Drumm differed, the Committe...

2. LCRO 140/2020 AB v RP (27 November 2020) [pdf, 267 KB]

   ...engagement nor any terms of engagement were provided to the RPs for the 2018 legal work. [61] When Mr RP first spoke to Mr AB in early November 2018, an estimate of $1,500 to $1,700 was given by Mr AB. [62] I note that in a copy of a handwritten file note made by Mr AB at the time he first spoke to Mr RP on 7 November 2018, he recorded: Please start new file for [Mr] RP – re: purchase of property from company. [63] In my view, that is the time – opening a file – when GHJ mig...

3. [2021] NZACC 44 - Waite v ACC (17 March 2021) [pdf, 261 KB]

   ...January 2015 the appellant injured his right elbow while moving furniture. He consulted his GP on 5 February 2015 who noted that he was tender under the lateral epicondyle with elbow pain. A claim for cover for right lateral epicondylitis was filed. [23] Dr Lane commented on 26 February 2015, on the claim for cover for right elbow lateral epicondylitis. Dr Lane noted that cover had been declined for the same process for surgery on the left elbow. There was no actual personal i...

4. [2020] NZEnvC 006 Antoun v Hutt City Council [pdf, 3.1 MB]

   ...Appellant S F Quinn and Ms C Wills for Respondent Date of Decision: 31 January 2020 Date of Issue: 31 January 2020 DECISION OF THE ENVIRONMENT COURT A: Appeal upheld B: No reservation of costs REASONS Introduction [1] Fadi Antoun has filed in the Court: • An appeal pursuant to s 325(2) Resource Management Act 1991 (RMA/the Act) against an abatement notice issued to him by Hutt City Council (the Council) on 16 July 2019 (the abatement notice); 2 • An application...

5. [2021] NZACC 10 - Monk v ACC (12 January 2021) [pdf, 281 KB]

   ...and sand blaster for some twenty-seven years. In this appeal, Mr Monk claims he suffered occupational diseases due to his employment involving exposure to toxic solvents and toxic metals and seeks cover as a result. [2] The injury claim form filed by Dr Wojcik in May 2016 records diagnosis of toxic effects of lead/ lead compounds and petroleum solvents and notes: From 1987 to 2014[Mr Monk] was exposed to a large number of toxic solvents and toxic metals including lead...

6. [2021] NZEmpC 117 Zara’s Turkish Ltd (in liquidation) v Kocaturk [pdf, 378 KB]

   ...BETWEEN IBRAHIM KOCATÜRK AND GÜLER KOCATÜRK Plaintiffs AND ZARA’S TURKISH LIMITED (IN LIQUIDATION) Defendant Hearing: 8–12 June 2020, 24–28 August 2020 and 3–4 March 2021 (Heard at Nelson) (Submissions filed 8 March 2021) Appearances: B Buckett and M Belesky, counsel for Zara’s Turkish Ltd (until 28 August 2020) A Sharma, counsel for Ibrahim and Güler Kocatürk Judgment: 3 August 2021 JUDGMENT OF JUDGE K G...

7. [2023] NZEnvC 069 Transpower New Zealand Ltd v Queenstown Lakes District Council [pdf, 608 KB]

   ...11 (RSI & Landscapes) and Topic 17 (Energy and Utilities) 2 A: Directions are made for Queenstown Lakes District Council to amend the proposed Queenstown Lakes District Plan as set out in Annexure A and update the planning maps and file a reporting memorandum once that is completed. B: Costs will lie where they fall. REASONS Background [1] These proceedings relate to appeals by Transpower New Zealand Limited, and Aurora Energy Limited in the Queenstown District Pl...

8. [2024] NZEnvC 001 Havelock Village Limited v Waikato District Council [pdf, 2.9 MB]

   ...identify site specific constraints and plan provisions, and a series of site-specific subdivision and land use controls were included in the PDP. No separate Havelock Precinct chapter was included. HVL and Hynds Appeals [11] HVL and Hynds both filed appeals against the Council Decision containing appeal points relating to Havelock. [12] At paragraph 7 of HVL’s appeal, it opposed the Zoning – Pokeno – Decision Report 28I, including: (a) retention of rural zoning for land ab...

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

   ...correspondence” was a letter from Mr DC to Mr SG dated 4 November 2020 in which a proposal was made for an interim distribution of funds on certain conditions but there was no reply to that proposal from Mr SG. [15] There is nothing on the Committee’s file indicating any response from the applicant to Mr SG’s question about the amount of interest accrued. [16] Mr DC responded to Mr SG’s email letter as follows: I would have thought the appropriate way forward was for you to...

10. [2023] NZEnvC 254 G I Finlay Trustees Ltd v Western Bay of Plenty District Council [pdf, 299 KB]

    ...abatement notice was lodged) that sought to authorise the continuation of the current industrial activities on the site as a non-complying activity for a period of two years (consent application 3). The Appeal [17] A Notice of Appeal was originally filed in relation to this matter on 18 October 2022, some five months after the abatement notice was issued and more than 90 working days out of time. The Notice of Appeal was accompanied by an Application for Waiver of Time. To rec...