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1. AQ v ZJ [2014] NZDT 562 (16 April 2014) [pdf, 74 KB]

   ...certain. Second, ZJ says he stopped taking bales because they were of poor quality. However, this is difficult to believe given that it was not raised with the applicant at the time. Indeed, the applicant was only aware of the issue when ZJ filed for a rehearing in January 2014. Given that the quality of the bales was so important to ZJ, it is more likely that he would have raised the matter of quality immediately with the applicant if had he been concerned. The applicant says...

2. Elisara v Aasa [2014] NZIACDT 90 (16 September 2014) [pdf, 126 KB]

   ...sensitive”. Dealing with sensitive information is a routine circumstance for Immigration New Zealand. [9] Similarly, though Ms Aasa has provided a list of companies she says she contacted, she has provided no evidence to support that claim. She should have file records. Regardless, it does not deal with the findings against her. [10] Ms Aasa did not challenge the claim for compensation, or make any submissions relevant to the sanctions. Discussion The principles to apply [11] Th...

3. ND v VC LCRO 7 / 2012 (15 June 2012) [pdf, 74 KB]

   ...instructions are to alert the relevant officials in the responsible Ministry about your behaviour, which is plainly in contravention of section 8 and 9 of the Unsolicited Goods and Services Act.” 2 [2] The Applicant objected to this language and filed a complaint with the New Zealand Law Society. He contended that the Practitioner had breached Chapter 2 of the Rules of Conduct and Client Care, in particular Rule 2.7 which states: A lawyer must not threaten, expressly or by...

4. Ngerengere-Otene - Mangahaunui 1A Section 57 (2008) 179 Gisborne MB 76 (179 GIS 76) [pdf, 926 KB]

   ...Judge Harveyin relation to Section 56 (and no later than two weeks of receipt ofthat plan). [l] All the above orders concerning the roadway are conditional on there being no objections from the Gisborne District Council, the Trustees of Tawhiti IFI filed with the COllrt within the next four months. The Deputy Regi;1rar is directed to send a copy of this judgment to these parties, to the applicant and to Ms Chaffey. Pronounced at Gisbol11e this 9th day of May 2008 CLFox JUDGE...

5. ENV-2016-AKL-000TBA Mahi Properties Limited v Auckland Council [pdf, 2.3 MB]

   ...adopted, subject to any modifications considered by the Court to be necessary and appropriate including the two sub-rules 5 and 6 required to accompany the AHIRB as set out in Attachment (d). (c) Costs. 12. An electronic copy of this notice is filed on the designated electronic address at the Auckland Registry of the Environment Court and is served today by email on the Auckland Council at unitaryplan@auc1dandcouncil.govt.nz. Waivers and directions have been made by the Environm...

6. Minute of the Environment Court (dated 2 May 2017) [pdf, 192 KB]

   ...management. [2] Environment Commissioner Mills is facilitating an expert conference in Dunedin on Monday 8 May 2017. I have asked him to facilitate a process conference, also to be held on 8 May 2017, at 3.30pm. [3] The s 274 parties have yet to file evidence. This is an opportunity for parties to ask questions of the Commissioner about formatting and service of evidence. It will also present parties with the chance to discuss the running of an Environment Court hearing, including...

7. [2018] NZEnvC 082 The LM Painton Trust v Auckland Council & Auckland Transport [pdf, 2.1 MB]

   ...to this appeal, although they have been formed . The key issue raised in the appeal relates to traffic effects. Background [3] Section 116 of the Act gives the Court a broad discretion as to commencement of a consent, even where an appeal is filed . [4] The application here is only for partial commencement in respect of 37 carparks already constructed. The parties agree that the existing conditions would be unhelpful in such circumstances, and instead propose conditions addressing...

8. 31 October 2015 Legal Aid News [pdf, 547 KB]

   ...Cancel a Sentence of Imprisonment and Substitute Home Detention This is to confirm that when an application for cancellation of a sentence of imprisonment and substitution of sentence of home detention under section 80K of the Sentencing Act 2002 is filed in court, it becomes an eligible proceeding for legal aid. A new legal aid application is required. This is because the proceeding in which the offender was sentenced has previously come to an end by the completion of the sentencing an...

9. Gilford v Accident Compensation Corporation [2016] NZACA 03 [pdf, 75 KB]

   ...injury. Mr Guilford continued to obtain coverage for the physical consequences of that accident. The Corporation had in fact treated Dr Eyers’ request as a new claim, so the original coverage of the accident was unaffected. [7] Mr Guilford filed an application for review of the 22 August 1997 decision many years later, on 12 October 2015. The Corporation accepts he had not been notified of the 1997 decision at the time it was issued. [8] In response to the review applicatio...

10. [2021] NZEmpC 61 Best Health Foods Ltd v Berea [pdf, 207 KB]

    ...potential impecuniosity on the part of Ms Berea, it must at least raise an evidential foundation which would allow the Court to conclude that there is a plausible issue as to Ms Berea’s ability to repay. It has not done so. Ms Berea has not filed an affidavit either, but she is not obliged to do so. She is the respondent to the allegation. If no prima facie case is raised against her, she is not required to offer rebuttal evidence, a point recognised in her notice of opposition....