Search Results

1. [2019] NZEnvC 012 Ohau Protection Society v Waitaki District Council [pdf, 7.2 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2019] NZEnvC 12 of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act OHAU PROTECTION SOCIETY INCORPORATED (ENV-2018-CHC-005) Appellant WAITAKI DISTRICT COUNCIL Respondent Court: Environment Judge J J M Hassan Hearing: In Chambers at Christchurch Date of Decision : 1 February 2019 Date of Issue: 1 February 2019 FINAL DECISION OF...

2. Complaints Assessment Committee (CAC 409) v Cartwright [2018] NZREADT 25 [pdf, 264 KB]

   ...whose complaint to the Real Estate Agents Authority (“the Authority”) led to the charge being laid. Procedural history [4] Ms Saywood’s complaint has previously been considered by the Tribunal. In July 2017 the Tribunal considered an appeal by Ms Saywood against the finding of the Committee that Mr Cartwright had engaged in unsatisfactory conduct, and the penalty orders imposed by the Committee: censure, an order to complete specified further training, and a fine of $5,000...

3. [2021] NZACC 6 - MacDonald v ACC (12 January 2021) [pdf, 198 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 6 ACR 108/20 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN DARRYL MACDONALD Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 20 October 2020 Head at Wellington/Te Whanganui-a-Tara Appearances: Ms A M Brown for the appellant Ms F Becroft for the res...

4. [2019] NZEmpC 141 Savage v Wai Shing Ltd [pdf, 484 KB]

   ...justice, the effect of an injunction would be to impinge on WSL’s management prerogative and leave the issues at the heart of the process unresolved. Legal principles [17] In NZ Tax Refunds Ltd v Brooks Homes Ltd, the Court of Appeal described interim injunction principles as follows:4 The approach to an application for an interim injunction is well established. The applicant must first establish that there is a serious question to be tried or, put another way, t...

5. [2019] NZEnvC 198 Banora v Auckland Council [pdf, 5.2 MB]

   ...history of work on the site and the nature of the interaction between Mr Banora and the Council supports the granting of contemporaneous consent under s 315, together with the grant of any enforcement order. [12] That decision was subject to an appeal by Mr and Mrs Sanora to the High Court. In a Judgment dated 21 December 2017 ([2017] NZHC 3276) Edwards J dismissed the appeal saying, at paragraph [59]: In conclusion, I am not satisfied that the Environment Court made an error of l...

6. Brown v Edmonds - Succession to Kuini Brown and Mate Ihipera Rewi Tamehana [2021] Chief Judge's MB 988 (2021 CJ 988) [pdf, 294 KB]

   ...of Te Ture Whenua Māori Act 1993. Identification of evidence that may be of assistance in remedying the mistake or omission 7. The applicant has provided the following information in support of his application: (i) A copy of the Record of Appeal - A20190007456 (Appeal 2019/11) – Estate Mate Ihipera Rewi Tamehana also known as Maude Thompson. Background information regarding Appeal 2019/11 – Estate Mate Tamehana also known as Maude Thompson 8. Johnson Brown (father of th...

7. 2023-05-22-Form-33-James-McDonnell-Limited.pdf [pdf, 9.4 MB]

   ...“primary feature” which crosses Ō2NL. It also includes two cycleways as “secondary features” which cross Ō2NL. 10. The decision on Proposed Plan Change 4 was adopted by Council and publicly notified on 4 July 2022. There are three appeals on Proposed Plan Change 4 in the Environment Court. These appeals are relatively narrow in scope. None of the appeals oppose Plan Change 4 as a whole, or oppose the provision of any of the Structure Plan primary or secondary featu...

8. LCRO 173/2022 JV v QR (6 May 2024) [pdf, 183 KB]

   ...2006 (the Act). Section 138(1)(b) enables a Committee to take no further action if “the subject matter of the complaint is trivial”. Section 138(1)(f) enables it to do so if “there is in all the circumstances an adequate remedy or right of appeal, … that it would be reasonable for the person aggrieved to exercise”. Application for review [21] In his application for review dated 4 November 2022, the applicant: (a) clarified that it was not his view that MV did not have me...

9. Evans v Accident Compensation Corporation (Mental Injury) [2025] NZACC 37 (4 March 2025) [pdf, 231 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2025] NZACC 037 ACAR 38/24 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN DANE EVANS Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 11 February 2025 Heard at: Wellington/Te Whanganui-a-Tara] Appearances: Appellant is self-represented, supported by Ms Meeneer Mr Hlavac for the resp...

10. [2024] NZREADT 35 – CAC 2108 v Barfoot Thompson (20 September 2024) [pdf, 143 KB]

    ...actual loss or harm resulted from the agency’s conduct, and in Barfoot the purchasers were able to cancel the agreement for sale and purchase. [41] Mr McMullan referred to the penalties in both these cases. In Barfoot, the Tribunal on an appeal from the Committee, substituted the Committee’s penalty of $4,000 for one of $3,000, taking into account that the agent was entitled to credit for his lack of previous disciplinary charges. In Kek, the Tribunal also on appeal from the...