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1. [2019] NZEnvC 202 JWA Smith & DV Smith Trust v Queenstown Lakes District Council [pdf, 6.4 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA IN THE MATTER AND BETWEEN AND AND Decision No. [2019] NZEnvC 202 of the Resource Management Act 1991 of an appeal pursuant to section 120 of the Act JOHN WILLIAM ACTON SMITH , DINAH VIRGINIA SMITH AND JASON CHARLES ACTON SMITH AS TRUSTEES OF THE JWA AND DC SMITH TRUST, JOHN OLIVER ARBUCKLE AND VICKI ARBUCKLE (ENV-2019-CHC-002) Appellants QUEENSTOWN LAKES DISTRICT COUNCIL Respondent THE TRUSTEES O...

2. BU & SI v UQ & CQ [2024] NZDT 811 (20 December 2024) [pdf, 99 KB]

   ...the party suffering the loss is entitled to claim the damages in the same manner and to the same extent as if the representation were a term of the contract that has been breached. 10. In Overton Holdings Ltd v APN New Zealand Ltd1, the Court of Appeal said that a representation can be implied in the circumstances. However, the courts will be slow to imply in representations where doing so would infringe on the principle of caveat emptor (let the buyer beware). Therefore, the starting...

3. QX v HC [2025] NZDT 164 (13 May 2025) [pdf, 192 KB]

   ...must show that HC made a factually false statement about the vehicle that he (QX) relied on when he agreed to buy it, or that when he and HC entered into the agreement they did so on the basis of a mistake. 9. In a recent decision, the Court of Appeal confirmed that misrepresentation and mistake should not supplant or erode the general principle of “buyer beware”.1 The Court held that the legal remedy of mistake should not encompass all unspoken assumptions by the parties when they...

4. KO v Q Ltd [2025] NZDT 205 (26 May 2025) [pdf, 196 KB]

   ...parking enforcement services. On 21 October 2024 Q Ltd wrote to KO saying that he owed $95.00. 3. On 23 October 2024 KO emailed Q Ltd to dispute the amount charged. Q Ltd adjudicated the dispute itself and on 24 October 2024 refused KO’s ‘appeal’. 4. On 30 October 2024 KO advised Q Ltd that he would like to take the dispute to the Disputes Tribunal and asked contact details for someone at Q Ltd for representation, wrongly believing that he needed such detail to make a claim...

5. EC v X Ltd [2025] NZDT 153 (9 July 2025) [pdf, 217 KB]

   ...Enforcement Services” and is titled “Parking Breach Notice”; d. the second page set out that if payment is not made in 21 days enforcement will apply; e. the notice sets out a process to challenge the fee which in a section headed “How to appeal this Breach Notice”; and f. beyond a reference to a “breach.. of the Terms and Conditions of Parking” the notice contains no reference to legislation, or specific legal provisions. 14. The notice is legalistic. However, it do...

6. [2011] NZEmpC 92 Katz v Mana Coach Services Ltd [pdf, 75 KB]

   ...1 WA 192/10, 30 November 2010. 2 [2011] NZEmpC 49. 3 [2010] NZEmpC 12. [2] In response, Mr Corkill submitted that, as the application relates solely to questions of law, the appropriate process was for the plaintiff to seek leave to appeal to the Court of Appeal and he noted that that step had already been taken by application dated 22 June 2011. 4 Relying on Yong, (t/a Yong and Co Chartered Accountants) v Chin, 5 Mr Corkill submitted that it was inappropriate for this...

7. Hunt v CAC 10056 & Smith [2013] NZREADT 86 [pdf, 22 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2013] NZREADT 86 READT 034/12 IN THE MATTER OF appeal under s.111 of the Real Estate Agents Act 2008 BETWEEN STEPHEN HUNT of Christchurch, Complainant Purchaser Appellant AND THE REAL ESTATE AGENTS AUTHORITY (CAC 10056) First Respondent AND ROSEMARY (ANNIE) SMITH of Rangiora, Real Estate Agent Second Respondent MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Mr G Denley - Membe...

8. The National Trading Compnay of New Zealand 156 [pdf, 98 KB]

   ...ENVIRONMENT COURT AT AUCKLAND ENV-2017-AKL-000156 IN THE MATTER of the Local Government (Auckland Transitional Provisions) Act 2010 ("LGATPA") and the Resource Management Act 1991 ("RMA") A N D IN THE MATTER of an appeal pursuant to section 156(3) of the LGATPA against a decision of the Auckland Council on a recommendation of the Auckland Unitary Plan Independent Hearings Panel ("Hearings Panel") on the proposed Auckland Unitary Plan (&q...

9. Complaints Assessment Committee (CAC 10057) v Property Bank Realty Limited [2017] NZREADT 74 [pdf, 154 KB]

   ...documents were filed on 26 May 2015, but a hearing has not been held. [2] Mr Nottingham has consistently submitted that the hearing of the charge cannot proceed until other proceedings before the Tribunal are completed. Those other proceedings are appeals by the defendant, Mr Nottingham, Mr Phillip Nottingham, and Mr Robert McKinney against a decision of the Committee dated 18 July 2012 (“the appeal proceedings”). In a decision issued on 13 October 2014, the Tribunal dismissed...

10. [2020] NZEnvC 022 Granger v Dunedin City Council [pdf, 167 KB]

    BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA IN THE MATTER AND BETWEEN AND AND Decision No. [2020] NZEnvC 22 of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act GRAEME GRANGER, CRAIG WERNER, HAMISH FORRESTER, KATRINA BERKENBUSCH, MEGAN BARDELL, TOM MYERS (ENV-2017-CHC-038) Appellants DUNEDIN CITY COUNCIL Respondent PENINSULA HOLDINGS TRUST Applicant Court: Environment Judge J E Borthwick Environment Commissioner J...