Search Results

1. [2024] NZLVT 063 - Bottinga v Auckland Council (16 December 2024) [pdf, 357 KB]

   Bottinga v Auckland Council IN THE LAND VALUATION TRIBUNAL AT AUCKLAND I TE TARAIPŪNARA WĀRIU WHENUA KI TĀMAKI MAKAURAU IN THE MATTER OF BETWEEN AND Decision [2024] NZLVT 063 an appeal under s 36 of the Rating Valuations Act 1998 N BOTTINGA (ENV-2024-AKL-058) Objector AUCKLAND COUNCIL Respondent Tribunal: Judge JA Smith (Chairperson) J Charters (Valuer Member) T Culav (Valuer Member) Hearing: 25 October 2024 Last case event: Appearances: N Bottinga for...

2. [2025] NZREADT 12 - CAC 2204 v Cooper & Cooper Co Real Estate Ltd (30 April 2025) [pdf, 241 KB]

   ...Cooper and Co are ordered to jointly pay costs of $13,556.25 to the Authority within 20 working days of the date of this decision. [69] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116, setting out the right of appeal to the High Court. PUBLICATION [70] In light of the outcome of this decision and having regard to the interests of the parties and of the public, it is proper to order publication of the decision of the Tribunal without identifying a...

3. Waitangi Tribunal - District 12 Wellington District [pdf, 13 MB]

   RANGAHAUA WHANUI DISTRICT 12 WELLINGTON DISTRICT: PORT NICHOLSON, HUTT VALLEY, PORIRUA, RANGITIKEI, AND MANAWATU DR ROBYN ANDERSON AND KEITH PICKENS AUGUST 1996 WORKING PAPER: FIRST RELEASE WAITANGI TRIBUNAL RANGAHAUA WHANUI SERIES Other reports in the Rangahaua Whanui Series available: District 1: Auckland, R Daamen, P Hamer, and B Rigby District 7: The Volcanic Plateau, B J Bargh District 9: The Whanganui District, S Cross and B Bargh

4. CAC 20006 v Azimi [2014] NZREADT 69 [pdf, 120 KB]

   ...submits that, if we accept that the factual allegations are proved, misconduct findings under s.73(a) must follow. Section 73(a) of the Act is set out above. [54] In Pillai v Messiter (No 2) (1989) 16 NSWLR 197 (NSWCA) the New South Wales Court of Appeal said of misconduct: "Professional misconduct does not arise where there is mere professional incompetence nor deficiencies in the practice of the profession by a practitioner. More is required. Such misconduct includes a delibe...

5. O'Connell & Anor v Auckland Council & Ors [2013] NZWHT Auckland 7 [pdf, 294 KB]

   ...September 2010. 6 Askin v Knox [1989] 1 NZLR 248 (CA). Page | 20 Council officer’s conduct will be judged against the knowledge and practice at the time at which the negligent act or omission was said to take place. [79] The Court of Appeal in Byron Avenue7 accepted that the Council owed a duty of care in its inspections even before the final inspection issuing a Code Compliance Certificate. It stated: [59] I consider that the Hamlin principle imposes on councils i...

6. Zhong v Auckland Council [2011] NZWHT Auckland 32 [pdf, 264 KB]

   Page | 1 IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2009-100-000105 [2011] NZWHT AUCKLAND 32 BETWEEN HONG ZHONG AND RUN ZHONG Claimants AND AUCKLAND COUNCIL First Respondent AND ROSE MARY MCLAUGHLAN Second Respondent AND YA WEI LI Third Respondent AND STANLEY CHEN Fourth Respondent AND ORIENT BUILDERS LIMITED Fifth Respondent AND LU ZHENG Sixth Respondent AND HBRC LIMITED Seventh Respondent Hearing: 29, 30 and 31 March 2011 Closing

7. Singh v Singh and Scorpion Liquor (2006) Ltd [2016] NZHRRT 38 [pdf, 274 KB]

   ...Denyer v Scorpion Liquor (2006) Limited [2012] NZERA Auckland 448 5392831, 11 December 2012. 12 employees to sign the entries about them or confirm their hours because the diary was for his use only. [52] He accepted that he did not appeal either decision. Like his mother, he said the reason the wage arrears were not paid for 20 months was that his funds were frozen by the restraining orders. [53] Shane Singh said he assumed that all the mail delivered to Scorpion...

8. [2017] NZEnvC 180 Ngai te hapu Incorporated v Bay of Plenty Regional Council [pdf, 1.4 MB]

   BEFORE THE ENVIRONMENT COURT TE KOOTI TAIAO 0 AOTEAROA Decision No. [2017] NZEnvC \ 30 IN THE MATTER of the Resource Management Act 1991 AND appeals under s 120 of the Act BETWEEN NGAI TE HAPQ INCORPORATED (ENV-20 16-AKL -000042) NGA POTIKI A TAMAPAHORE TRUST (ENV-2016-AKL-000045) Appellants AND BAY OF PLENTY REGIONAL COUNCIL Respondent AND ASTROLABE COMMUNITY TRUST Applicant Court: Environment Judge JA Smith Date of Decision: 31 October 2017 Date of Issue: 31 Oc...

9. Canterbury / Westland Standards Committee 3 v Johnson [2018] NZLCDT 5 [pdf, 464 KB]

   ...by proffering unsought advice on the wisdom of the transaction. To hold otherwise could impose intolerable burdens on solicitors.” [97] Mr Waalkens submits that two further cases have added a gloss to this. In the Haira38 case. The Court of Appeal commented on the Clark Boyce dictum as follows: “We do not read the judgment as holding that a solicitor will never be under a duty, whether before or after accepting instructions, to offer advice on the wisdom of the transaction. Whe...

10. Chapman v Western Bay of Plenty District Council [pdf, 364 KB]

    ...Fardell (as set out at [30]) has affirmed personal assumption of responsibility as a requirement of directors' personal liability in respect of a variety of duties of care. Notably, in Mahon v Crockett (1999) 8 NZCLC 262,043, the Court of Appeal acknowledged at [9]-[12] that the requirement of assumption of responsibility, as articulated in Trevor Ivory, generally applies to tortious causes of action against directors. [43] Assumption of responsibility in negligent constru...