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1. [2021] NZREADT 37 Watson (20 July 2021) [pdf, 212 KB]

   ...“on balance” that Ms Berry had not represented that there was an accepted “verbal” offer for the property and that, therefore, she had not breached any provision of the Act or the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”). Non-disclosure of issues4 [11] The Committee noted the appellants’ concern that Ms Berry did not provide them with the disclosure statements until two days after the building inspection, that is, Sunda...

2. ENV-2016-CHC-000071 Affidavit of Mr Nathan Hole [pdf, 3.9 MB]

   ...Station Limited all proposed amendments creating exemptions to Rule 12.1 to allow additional clearance of noxious plants, track maintenance and existing pastoral uses. These amendments were opposed by Canterbury Regional Council and Forest and Bird Protection Society of NZ, and were supported by South Canterbury Federated Farmers. (c) The Council's s42A report recommended the inclusion of an exemption for the maintenance of tracks and the removal of declared weed pests, fro...

3. Section 87F Report N Broadbent with Appendices A U [pdf, 15 MB]

   Report under section 87F of the Resource Management Act 1991 on a notified resource consent application by Panuku Development Auckland Limited for consent for the construction, occupation, use and maintenance of permanent and temporary infrastructure and undertaking of activities within the coastal marine area and on land, associated with the America’s Cup To: From: Panuku Development Auckland Limited (“the applicant”) Nicola Broadbent – Reporting Planner Auckland Co

4. Putman v Jenmark Homes Ltd [pdf, 230 KB]

   ...Code. He said that the New Zealand standard had no authority as it had never been recognised by the Building Industry Authority as an 00026 Determination 24 acceptable solution and he said that a proven certifier should have taken more care with a Harditex system than with say a stucco plaster system which was recognised as an acceptable solution (although Mr Bloxham had described it as an alternative solution). He said that with vinyl wallpaper inside and paint outside, a...

5. Folwell & Anor as Trustees of the Paul and Pauline Folwell Family Trust v NC Developers Ltd 2010] NZWHT Auckland 11 [pdf, 269 KB]

   ...way reduces or removes their liability. The reasoning for this submission was because Mr England was contracted to carry out the relevant work through his building company, and that as such he therefore did not owe and should not owe a duty of care to the claimant Trust. [55] Mr Beattie also submitted that NC Developers Limited did not owe a duty of care to the claimant Trust as its contract was not with the claimants but with Mercury Construction Limited. That submission...

6. [2020] NZEnvC 186 Panuku Development Auckland Limited v Auckland Council [pdf, 3.1 MB]

   ...date. 5 o Submissions of Astrid Modrow dated 28 August 2020; o Submissions of Julie Singh dated 28 August 2020; o Submissions of Robert Dexter dated 28 August 2020; • Reply submissions from Panuku dated 2 September 2020. [1 OJ Having carefully considered the above, we determined that a further hearing was not necessary as the issues for each party were clearly expressed in their written submissions. We have, therefore, dealt with them on the papers to avoid further delay.

7. [2013] NZEmpC 35 Tan v LSG Sky Chefs NZ Ltd [pdf, 204 KB]

   ...principles of statutory interpretation applying to Mr Tan’s case. Statutory provisions [35] Counsel referred to the principal object of subpart 1 of Part 6A of the Act: 69A Object of this subpart The object of this subpart is to provide protection to specified categories of employees if, as a result of a proposed restructuring, their work is to be performed by another person and, to this end, to give – (a) the employees a right to elect to transfer to the other perso...

8. Tan v New Zealand Police [2016] NZHRRT 32 [pdf, 327 KB]

   ...the CCDHB “make up its own mind about this Tan woman”. This suggested ill-will or malice in relation to Ms Tan and her brother. [49] Having seen and heard Mr Woodley give evidence we do not accept these criticisms. His evidence was given in careful, balanced, measured and accurate terms. When asked by Ms Ternent for a copy of the search warrant or production order he responded (without hesitation) there had been insufficient evidence to obtain such orders. He did not equivocate o...

9. The Treaty of Waitangi Past and Present Resource [pdf, 21 MB]

   ...the Pakeha . arrived, Maori lived in all parts of our country. Life was hard, but the land, bush, rivers, lakes and oceans provided food and resources for the people. Home/kainga The kainga was where the fires burned. The land, whenua, was protected. Rivers, forests and hills were all important places. They provided shelter and food and were given special names. The names were a way of recording history. They would remind people about ancestors or events from many years ago. The...

10. [2020] NZEnvC 009 Maypole Environmental Limited v Kapiti Coast District Council [pdf, 7.2 MB]

    BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA Court: Hearing: IN THE MATTER AND BETWEEN AND Decision No. [2020] NZEnvC 9 of the Resource Management Act 1991 of an appeal under cl 14 of the First Schedule to the Act MAYPOLE ENVIRONMENTAL LIMITED (ENV-2018-WLG-000008) Appellant KAPITI COAST DISTRICT COUNCIL Respondent Environment Judge B P Dwyer Environment Commissioner D J Bunting at Wellington on 30 January 2020 Counsel/ Appearances: P Tan