Search Results

1. [2021] NZEnvC 061 Upper Clutha Environmental Society Incorporated v Queenstown Lakes District Council [pdf, 1.4 MB]

   ...[1] Th.is decision follows from Decision 2.4 1 on 'Topic 2: Rural Landscapes', in the review ('PDP') of the Queenstown Lakes District Plan. Responses to Decision 2.4 Mt/1·on ONF [2] Allenby Farm Limited ('Allenby') appealed aspects of the mapping of the Mt Iron Outstanding Natural Feature ('ONF'). Decision 2.1 determined that the planning map relevant to the Mt Iron ONF was to be changed to remove 'Area A' as challenged in Allenby&#...

2. [2018] NZEmpC 131 RPW v H [pdf, 244 KB]

   ...attitude of the defendant; • Whether the defendant has taken any steps to address its non- compliance; • The defendant’s circumstances (including financial); • The desirability of a degree of consistency in comparable cases. [9] On appeal, the Court of Appeal in Peter Reynolds Mechanical Ltd v Denyer considering the purpose of the remedies under s 140(6), stated as follows:5 [75] As we have indicated, we see the primary purpose of s140(6) as being to secure complia...

3. BD and NQ v R Co Ltd [2021] NZDT 1354 (12 February 2021) [pdf, 169 KB]

   ...having been made. If you are applying outside of the 20 working day timeframe, you must also fill out an Application for Rehearing Out of Time. PLEASE NOTE: A rehearing will not be granted just because you disagree with the decision. Grounds for Appeal There are very limited grounds for appealing a decision of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the...

4. DG Ltd v ID Ltd [2020] NZDT 1441 (24 August 2020) [pdf, 215 KB]

   ...having been made. If you are applying outside of the 20 working day timeframe, you must also fill out an Application for Rehearing Out of Time. PLEASE NOTE: A rehearing will not be granted just because you disagree with the decision. Grounds for Appeal There are very limited grounds for appealing a decision of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the...

5. ME & NN v QU Ltd [2021] NZDT 1494 (5 May 2021) [pdf, 200 KB]

   ...having been made. If you are applying outside of the 20 working day timeframe, you must also fill out an Application for Rehearing Out of Time. PLEASE NOTE: A rehearing will not be granted just because you disagree with the decision. Grounds for Appeal There are very limited grounds for appealing a decision of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the...

6. UB and DB v ND [2020] NZDT 1391 (29 October 2020) [pdf, 230 KB]

   ...having been made. If you are applying outside of the 20 working day timeframe, you must also fill out an Application for Rehearing Out of Time. PLEASE NOTE: A rehearing will not be granted just because you disagree with the decision. Grounds for Appeal There are very limited grounds for appealing a decision of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the...

7. CU v DN Ltd [2019] NZDT 1420 (9 September 2019) [pdf, 229 KB]

   ...apparent having regard to the type of goods, the use to which they are put, the length of time it is reasonable for them to be used and the amount of use to which it is reasonable for them to be put before the defect becomes apparent. 26. The Court of Appeal has held that reasonable time is one which enables the customer to become fully acquainted with the nature of the defect, which, where the cause of breakage or malfunction is not known, the consumer can be expected to do by taking t...

8. [2022] NZEnvC 242 Adams v Thames-Coromandel District Council [pdf, 470 KB]

   Adams v Thames-Coromandel District Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2022] NZEnvC 242 IN THE MATTER OF an appeal under section 120 the Resource Management Act 1991 BETWEEN DEANE ELLIOT ADAMS (ENV-2021-AKL-000108) Appellant AND THAMES-COROMANDEL DISTRICT COUNCIL Respondent Court: Chief Environment Court Judge D A Kirkpatrick sitting alone under s 279 of the Act Date of Order: 25 November...

9. CI v LI [2022] NZDT 227 (5 December 2022) [pdf, 107 KB]

   ...having been made. If you are applying outside of the 20 working day timeframe, you must also fill out an Application for Rehearing Out of Time. PLEASE NOTE: A rehearing will not be granted just because you disagree with the decision. Grounds for Appeal There are very limited grounds for appealing a decision of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the...

10. [2022] NZEnvC 187 Transpower New Zealand Ltd v Marlborough District Council [pdf, 934 KB]

    IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KOTI TAIAO O AOTEAROA KI OTAUTAHI IN THE lvlA TIER AND BET\v'EEN AND Decision No. [2022] NZEnvC 187 of the Resource Management Act 1991 of appeals under clause 14 of the First Schedule of the Act TRANSPOWER NEW ZEALAND LIMITED (ENV-2020-CHC-68) ... (continued on separate page) Appellants MARLBOROUGH DISTRICT COUNCIL Respondent Environment Judge J J M Hassan - sitting alone under s279 of the Act In Chambers a...