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1. [2019] NZEnvC 012 Ohau Protection Society v Waitaki District Council [pdf, 7.2 MB]

   ...directions. [2018J NZEnvC 243. OHAU PROTECTION SOCIETY INC v WAITAKI DISTRICT COUNCI L FINAL DECISION 2 [2] The parties were asked to submit the approved plans referred to in condition 1 so that a Final Decision could issue. The Council has filed a memorandum, dated 21 December 2018, attaching conditions and the plans as directed. [3] For the avoidance of doubt, the conditions attached to this decision incorporate the minor amendments proposed by the applicant and the Council...

2. LCRO 241/2014 GS v YF (26 June 2018) [pdf, 152 KB]

   ...fact that the default notices had been served. The Committee reached this view on the basis that Mr GS did not act for Mr YF and owed no solicitor/client duties to him. [34] There is no copy of the AFL loan facility agreement on the Committee’s file and no copy has been provided on review. It is acknowledged that s 204 of the Act provides this Office with the option of calling for a copy of the document. However, alternative means of ascertaining the content of the document has...

3. 2021-04-12 - TAs - MOC re witness substitution + case [pdf, 550 KB]

   ...party. District Court Rules 10. Counsel considers that there are no rules of direct relevance in the District Court Rules. Rule 9.7(6) provides a process for the calling of a witness at late notice. But given that evidence has already been filed and what is proposed is a substitution of personnel to give the same evidence it does not address the specific circumstances in this instance. Conclusion 11. It is submitted that section 269 and 272 of the Resource Management Act...

4. [2021] NZACC 1 - Sharma v ACC (5 January 2021) [pdf, 244 KB]

   ...cardiomyopathy condition. In respect to the period from January 2015, the Reviewer noted that Mrs Sharma had not supplied any evidence to support the fact of employment in January/February 2015. [37] On 23 October 2019, a Notice of Appeal was filed. 8 Relevant law [38] Section 100(1) of the Act provides that a claimant is entitled to weekly compensation if he or she can show that he or she was incapacitated under s 103(2) and is eligible under cl 32 of sch 1. [39] Sectio...

5. [2021] NZACC 6 - MacDonald v ACC (12 January 2021) [pdf, 198 KB]

   ...vocational independence unless he is likely to achieve vocational independence and has completed any vocational rehabilitation that the Corporation was liable to provide. [43] She notes that there is only one individual rehabilitation plan on the file between the revocation of the previous vocational independence decision and the commencement of the process leading to the December 2019 decision. That individual rehabilitation plan dated 10 April 2018 noted that the appellant w...

6. Sutton v Real Estate Agents Authority (CAC 411) & Fear [2017] NZREADT 27 [pdf, 243 KB]

   ...of the commission charged on the sale of the property; and [b] The level of the fine imposed. [63] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116 of the Act, which sets out appeal rights. Any appeal must be filed in the High Court within 20 working days of the date on which the Tribunal’s decision is served. The procedure to be followed is set out in part 20 of the High Court Rules. ___________________ Hon P J Andrews Chairperso...

7. [2020] NZEnvC 164 Trustees of the BA Freeman Family Trust v Waimakariri District Council.pdf [pdf, 581 KB]

   ...there was a cost-sharing agreement as between the parties, noting that the existence of a putative agreement was not justiciable in this court. 42 In addition to the declaratory orders themselves, I gained the impression from the written submission filed on behalf of the Trustees that this was being contended when counsel said at paragraph [64]: It is true that the consent contemplates that a side agreement would be entered into, although it is equally true that the essential terms...

8. [2019] NZREADT 55 - Brown v CAC 1903 & Carppe (10 December 2019) [pdf, 184 KB]

   ...approved by engineer but not consented Fire non-compliant Laundry lining contains asbestos Non-compliant fire place x 2 Spa jets on bath may not work Security system not active Beams replaced in garage – engineer inspected, report on file [8] Ms Carppe provided the appellant and Evan Brown with a fresh appraisal. She assessed the “likely mid-range” as $471,000 to $489,000. In the “commission” section, she indicated a sale price of $480,000 as the basis of t...

9. [2020] NZEnvC 020 Whangarei District Council v Sustainable Solvents Group Limited [pdf, 730 KB]

   ...of the respondents; and ii) To clarify whether the orders sought were limited to maintaining the status quo and investigating the situation or went further in requiring immediate action to remedy the situation. [31] As a result, the Council filed an amended application in which some of the orders sought were limited to maintenance of the status quo. 1 Berhampore Residents Assn Inc v Wellington City Counc/1 (1992) 1 NZRMA 41; Gulf District Plan Assn Inc v Arraw Properties Ltd Decis...

10. LCRO 68/2019 NI v RC and OD (28 February 2020) [pdf, 175 KB]

    ...In an email to Mr RC on [date] she advised that she had gone in to collect her personal belongings that day and half of them were not there. She continued: Someone had gone through every and I mean every detailed piece of paper within all my files and they have only provided me with what they feel they should (and thats only parts of my Social Work things I was working on). Furthermore, what is really disturbing is that they have withheld my Supervision Book and my own personal de...