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1. Finn and Anor as Trustees of the Angela Poynter Trust v Chen [2011] NZWHT Auckland 40 [pdf, 261 KB]

   ...cavity. Page | 10 Claim against the Developer and Designer [21] The claimants submit that Mr Chen was at all material times the developer of the property as he was responsible for the design and building of the home. [22] The Court of Appeal decision in Mt Albert Borough Council v Johnson1 is authority for the proposition that a developer owes a non-delegable duty to an intended owner of a home to properly supervise the construction of the home. Cooke J, and with wh...

2. Federated Farmers of New Zealand.pdf [pdf, 425 KB]

   ...the purposes of section 308C or 308CA of the Resource Management Act 1991. Federated Farmers is interested in all of the proceedings. 1. Federated Farmers represents farmers in the Waikato and Waipā Rivers Catchment. 2. Federated Farmers has appealed the decision to on Proposed Waikato Regional Council Plan Change 1 – Waikato and Waipā River Catchments (“PC1”), as amended by the Hearing Panel, in its entirety, i.e. the decision as it relates to the introduction and all o...

3. Insley v Butler - Awanui Haparapara no 2B no 1B sec 2 (2022) 227 Waiariki MB 35 (227 WAR 35) [pdf, 404 KB]

   ...earlier meeting in 1945 showing 23 Lankow v Rose [1995] 1 NZLR 277. See Tipene v Tipene – Motatau 2 Section 49A 4F (2014) 85 Taitokerau MB 2 (85 TTK 2). 24 Nicholas v Te Amo – Te Whaiti-Nui-A-Toi [2021] Māori Appellate Court MB 273 (2021 APPEAL 273). 277 Waiariki MB 46 an area of 1r.14.6p (or 1,381 m2) to be excluded from the lease, this was never given legal effect. Instead, the lease signed in 1954 was for the total block plus adjoining lands. The applicants a...

4. [2021] NZEnvC 120 Brookby Quarries Limited v Auckland Council [pdf, 2.8 MB]

   IN THE ENVIRONMENT COURT AT AUCKLAND I TE KOTI T AIAO KITAMAKIMAKAURAU IN THE MATTER OF BETWEEN AND AND Decision [2021] NZEnvC 1'2-0 an appeal under s 156(1) of the Local Government Act (Auckland Transitional Provisions) Act 2010 (LGATPA) and the Resource Management Act 1991 (RMA) BROOKBY QUARRIES LIMITED (ENV-2018-AKL-150) Appellant AUCKLAND COUNCIL Respondent ROYAL FOREST & BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED ENVIRONMENTAL DEFENCE S...

5. [2021] NZACC 130 - Dunnage v ACC (6 August 2021) [pdf, 465 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 130 ACR 49/21 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN RAYLENE DUNNAGE (as Executrix of the Estate of John David Black) Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 16 June 2021 Heard at: Wellington/Whanganui-A-Tara Appearances: Mr A Beck for...

6. [2021] NZACC 7 - Stryder v ACC (12 January 2021) [pdf, 210 KB]

   IN THE DISTRICT COURT AT DUNEDIN I TE KŌTI-Ā-ROHE KI OTEPOTI [2021] NZACC 7 ACR 223/17 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN IVAN STRYDER Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 25 November 2020 Heard at: Dunedin/Otepoti Appearances: Mr P Sara for the appellant Mr I Hunt for the respondent Judgment: 12 January 2021 _____________________________________________...

7. [2021] NZACC 42 - ACC v Southern Lakes Building Ltd (1 March 2021) [pdf, 263 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 42 ACR 25/20 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN ACCIDENT COMPENSATION CORPORATION ACCIDENT COMPENSATION CORPORATION Appellant AND SOUTHERN LAKES BUILDING LIMITED Respondent Hearing: 23 September 2020 Appearances: C Hlavac for the Appellant G Pearson and...

8. [2022] NZEnvC 030 Anderson Branch Creek Limited v Queenstown Lakes District Council [pdf, 973 KB]

   ABCL & OTHERS v QLDC – TOPIC 19 – DECISION IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2022] NZEnvC 30 IN THE MATTER of the Resource Management Act 1991 AND of appeals under clause 14 of the First Schedule of the Act BETWEEN ANDERSON BRANCH CREEK LIMITED AND OTHERS (ENV-2018-CHC-120) … (continued on separate page) Appellants AND QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Environment Judge J J M...

9. [2021] NZREADT 54 – Complaints Assessment Committee 2106 v Mathers (6 December 2021) [pdf, 257 KB]

   ...than a year. 2. Contractual issues, including unsigned contracts and implied terms. 3. Intellectual property, employment and jurisdictional issues. [41] It is submitted that the cases show a pattern of scaled High Court costs being awarded for appeals and a percentage of actual costs being awarded where charges are laid. In the alternative, if the Tribunal determines that a court costs scheme is appropriate, the defendant accepts the Committee’s submission that it should be based...

10. [2022] NZACC 67 – KC v ACC (27 April 2022) [pdf, 209 KB]

    ...AND ANY DETAILS THAT MIGHT IDENTIFY THE APPELLANT IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2022] NZACC 67 ACR 160/20 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN KC Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 8 April 2022 Heard at: Wellington/Te Whanganui-A-Tara (via telephone conference) Appearances:...