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1. LCRO 213/2015 HY Trust v AK and GJ (21 Janaury 2019) [pdf, 286 KB]

   ...applied for summary judgment. [Company A] opposed that application. In his oral decision of [date], Associate Judge Doogue said the covenant was indefeasible and declined [Company A]’s counterclaims.2 [7] [Company A] applied to the Court of Appeal for leave to appeal Associate Judge Doogue’s decision and seek summary judgment on its counterclaim. The Court of Appeal adjourned [Company A]’s application pending delivery of the High Court decision, observing that it was “r...

2. [2021] NZREADT 52 - QH v KE, SE & Agency (14 October 2021) [pdf, 299 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2021] NZREADT 52 Reference No: READT 014/2021 IN THE MATTER OF An appeal under s 111 of the Real Estate Agents Act 2008 BETWEEN QH Appellant AND THE REAL ESTATE AGENTS AUTHORITY (CAC 2103) First Respondent AND KE and SE Second Respondents AND [Real Estate Agency] Third Respondent Hearing on the papers Tribunal: D J Plunkett (Chair) G Denley (Member) C Sandelin (Member)...

3. [2023] NZREADT 28 - Whalan and Partners Ltd v CAC2107 & SL (06 October 2023) [pdf, 232 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2023] NZREADT 28 Reference No: READT 010/2023 IN THE MATTER OF An appeal under s 111 of the Real Estate Agents Act 2008 BETWEEN WHALAN AND PARTNERS LIMITED t/a BAYLEYS CHRISTCHURCH Appellant AND THE REAL ESTATE AGENTS AUTHORITY (CAC 2107) First Respondent AND SL Second Respondent Hearing on the papers Tribunal: D J Plunkett (Chair) G J Denley (Member) P N O’Connor (Memb...

4. Regulatory Impact Statement increasing maximum claims level in disputes tribunals [pdf, 506 KB]

   ...minimum. Regulatory Impact Analysis 21. Under the status quo, the Act provides that appeal to a District Court is only allowed if the referee conducts the hearing in a way that is unfair and prejudicially affects the result of the case. This means appeals are limited to ‘procedural fairness’ grounds. Regulatory Impact Statement – Increasing the maximum claims level in Disputes Tribunals | 14 Objective Key Meets Mainly meets Does not meet Op...

5. Regulatory Impact Statement: Increasing the maximum claim level in Disputes Tribunals [pdf, 537 KB]

   ...minimum. Regulatory Impact Analysis 21. Under the status quo, the Act provides that appeal to a District Court is only allowed if the referee conducts the hearing in a way that is unfair and prejudicially affects the result of the case. This means appeals are limited to ‘procedural fairness’ grounds. Regulatory Impact Statement – Increasing the maximum claims level in Disputes Tribunals | 14 Objective Key Meets Mainly meets Does not meet Op...

6. [2020] NZEnvC 194 Clutha District Council v Otago Regional Council [pdf, 1 MB]

   BEFORE THE ENVIRONMENT COURT AT CHRISTCHURCH I MUA I TE KOTI TAIAO O AOTEAROA Kl OTAUTAHI IN THE MATTER AND BETWEEN AND Decision No. [2020] NZEnvC 194 of the Resource Management Act 1991 of an appeal under s 120 of the Act CLUTHA DISTRICT COUNCIL (ENV-2019-CHC-132) Appellant OTAGO REGIONAL COUNCIL Respondent Court: Environment Judge J E Borthwick Environment Commissioner A C E Leijnen Hearing: at Dunedin on 23 September 2020 Appearances: S Peirce for the appel...

7. [2017] NZEnvC 126 T Barrett v Thames Coromandel District Council [pdf, 9 MB]

   ...includes land beyond the runway strip to the west, east and north. As it transpires, the map may also exclude up to 5m to the south-east side of the runway strip. Mediation [5] . The parties proceeded to mediation in respect of this and other appeals. Although they were unable to resolve this appeal, they did agree that a 12 metre amenity yard setback should be set from the northern boundary of the airfield. Furthermore, it was agreed that the side surface obstacle limitation on t...

8. [2019] NZEnvC 055 Director General of Conservation v Thames Coromandel District Council [pdf, 8.1 MB]

   ...The correct wording of Rule 6 in Section 43, is attached to this corrigendum1. For the court: ~. LJ Newhook Principal Environment Judge as now finalised. THAMES COROMANDEL DISTRICT COUNCIL Proposed Thames-Coromandel District Plan - Appeals Version - July 2016 Section 43 - Conservation Zone 43.1 Zone Description 43.1 ZONE DESCRIPTION About a third of the District, some 74,000 ha, is public conseNation land. It is held in public ownership and administered by the Depart...

9. [2021] NZACC 191 - Smith v ACC (1 December 2021) [pdf, 201 KB]

   ...ankle is correct, whether on 10 September 2010 (being the date originally claimed as the injury date and the date which was the subject of the appellant’s unsuccessful review), or on 6 December 2010 as the appellant now maintains. [121] Both appeals are therefore dismissed. [122] Should there be any issue as to costs counsel have leave to file memoranda in respect thereof. Judge C J McGuire District Court Judge Solicitors: Henderson Reeves, Whangar...

10. [2024] NZREADT 22 - TC v REAA & CT (23 July 2024) [pdf, 265 KB]

    BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2024] NZREADT 22 Reference No: READT 034/2023 IN THE MATTER OF An appeal under s 111 of the Real Estate Agents Act 2008 BETWEEN TC Appellant AND THE REAL ESTATE AGENTS AUTHORITY (CAC 2203) First Respondent AND CT Second Respondent Hearing on the papers Tribunal: D J Plunkett (Chair) G J Denley (Member) F J Mathieson (Member) Representation: The appellant: Sel...