Search Results

1. [2018] NZEnvC 091 Aquastar Holdings Limited v Kawerau District Council [pdf, 5.9 MB]

   ...problem did not require an engineer's report with unnecessary costs when rectification of the leakage can be easily fixed . [8] On 29 August 2017, Ms Bhana filed an application for a stay of the abatement notice, together with her memorandum and affidavit in support. Essentially, Aquastar sought time to negotiate with the Council to resolve the issues arising from the abatement notice. [9] On 28 August 2017, the Kawerau District Council applied for an enforcement order agains...

2. [2018] NZEnvC 010 David Mulholland Consulting Engineer Ltd v Whanganui District Council [pdf, 849 KB]

   ...Engineering New Zealand register, but accepts that he has no notation on that organisation's register as having a practice field as a geotechnical engineer. According to a letter dated 5 August 2016 from the Registration Authority, (Ex H to his affidavit) his practice fields noted on the Register are Civil and Structural. The specific Practice Area description is: Structural design of low-rise timber, steel and concrete buildings post­ tensioned slabs and water tanks. Design ma...

3. Lam v The Real Estate Agents Authority (CAC 413) and Austin [2018] NZREADT 43 [pdf, 439 KB]

   ...of marketing that property. The crack was visible, though, from certain parts of 251. [33] However the appellant insists that the second respondent did have information about the wall which she ought to have disclosed. The appellant swore an affidavit in which he said that the owner of 251, Mr Fraser, told him that he had informed the second respondent that there was an issue with the wall. It will therefore be necessary to examine some of the evidence relating to this issue....

4. [2017] NZEnvC 038 Gravatt v Pierau [pdf, 547 KB]

   ...and endangered avifauna during vulnerable breeding seasons; and that negative environmental effects would likely to be noxious and objectionable such as to warrant the making of an enforcement order. [3] The application was accompanied by an affidavit of Mr Gravatt with extensive attachments, the latter including the decision of hearing commissioners of Auckland Council refusing consent for the substantive long term application, plan provisions, a past Environment Court decision a...

5. Wellington International Airport Limited Legal Submissions - 10 December 2018 [pdf, 217 KB]

   ...environmental effects for the Project can continue to be relied upon, with any new information or updates being presented in evidence if considered necessary.” 35. Mr Kyle has reviewed his report and in response to this assertion provides an affidavit attaching the April report and stating that in his view the April report and his conclusions remain valid. 36. No evidence has yet been filed in these proceedings so the various environmental assessment reports attached to the R...

6. [2019] NZEnvC 061 Tonea Investments NZ Ltd v Auckland Council [pdf, 6.1 MB]

   ...[4] The Applicants contended that the issue of activity status should be resolved by way of a declaration from this Court, not only for "new build" proposals, but also for future activities in temporary or leased facilities. [5] Two affidavits were filed, by "witness A", a film producer, and one from "witness B", an expert in funding film productions. [6] The Council did not file evidence. It filed a notice of opposition, but in the hearing indicated t...

7. Nyman v Appleton - Succession to Felix Appleton [2018] Chief Judge's MB 31 (2018 CJ 31) [pdf, 341 KB]

   ...the applicant. 4 The second conclusion is not surprising given that a DNA sample from Felix Appleton was not available because he is deceased. The applicant therefore relies on (1) the first conclusion (2) the further evidence provided in the affidavits of the applicant and her mother Jeanette Claudina Nyman filed herein; and (3) clause 4.0(2) of the Will of Felix Appleton dated 17 December 1997. 5 The evidence of Jeanette Claudina Nyman is not only unequivocal as to paternity, i...

8. KBN v Wharekura [2019] NZIACDT 80 (9 December 2019) [pdf, 126 KB]

   ...submissions in reply on 23 September 2019. The Tribunal then issued a Notice to Suspend Licence against Mr Wharekura on 26 September 2019. [37] Mr Moses subsequently filed a statement of reply to the substantive complaint on 23 October 2019, with an affidavit from Mr Wharekura (sworn on 22 October 2019) in support. [38] There were no responses from the Registrar or the complainant. ASSESSMENT [39] The Registrar relies on cl 1 of the Code: General 1. A licensed immigratio...

9. Macdonald v Accident Compensation Corporation (Further ruling on application to recall judgment) [2024] NZACC 29 [pdf, 236 KB]

   ...beginning of the appeal hearing, Judge McGuire spoke to the change of time from 10.00am to 11.45am, and the additional documents I had provided from Brett’s claim file (not provided in ACC’s bundle for full disclosure to the court), and Brett’s affidavit. Judge McGuire informed us that as a starting point we would make as much progress as we could. I was prevented from speaking to my submissions from 3.30pm and only proceeded up to page 93 out of 110 pages, try...

10. [2023] NZEmpC 198 Carrington Resort Jade LP v Knight [pdf, 251 KB]

    ...investigation.2 The challenge [4] Carrington has challenged the Authority’s determinations. It has elected to challenge the whole of each determination seeking to set them aside. While the statement of claim pleaded that it was accompanied by an affidavit providing background and other relevant facts, none was filed.3 This application [5] A brief review of the undisputed facts is necessary to place into context the application for disclosure which needs to be resolved....