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1. Edinburgh Realty Ltd & Ors v CAC20004 & Anor [2016] NZREADT 5 [pdf, 320 KB]

   ...commission and therefore nothing to dispute, and we have no complaint about Edinburgh Realty. Plus as above there was not a requirement to have an appointment in writing as the new Act had not come into force.” [36] Of course Mr Lane Sievwright was carefully taken through his evidence under cross examination by Mr Gray. Inter alia, he said that he never wandered around the interior of the property so that he had no idea of the sponginess of the floor or the musty smell which might in...

2. [2023] NZEnvC 041 Barnhill Corporate Trustee Limited v Queenstown Lakes District Council [pdf, 350 KB]

   ...was the subject of submissions as reported in the Interim Decision and the court then determined the basis upon which it was appropriate to proceed. By way of background, the determination the court made at that stage was against a background of careful case management in discussion with parties. It was according to directions made in that context, largely as proposed by QLDC, for this sequential approach to the WBRAZ appeal points. [19] The court remains of the same mind, being...

3. [2023] NZEnvC 226 Scaife v Queenstown Lakes District Council [pdf, 1.2 MB]

   ...discretion and associated standards and in a lack of any signal that consent applications for such activities would be non-notified (22.6).7 [23] As is the case for other zones for the district’s rural environment, the RLZ gives emphasis to the protection of ONF/Ls and the maintenance of landscape character and maintenance or enhancement of visual amenity values of rural 7 In contrast, r 22.6.2 signals limited notification for “residential visitor accommodation” and “h...

4. [2023] NZEnvC 027 AJ & VF Barr Family Trust v Whakatane District Council [pdf, 1.4 MB]

   ...retail or industrial activity. Commercial service means the provision of a service activity for reward, and includes offices and medical facilities, but does not include a retail or industrial activity. The first instance decision said:4 We have carefully considered the wording and the intention of the foregoing ODP definitions. In respect of the expert evidence given and the legal submissions made regarding this matter we find that both on their face and in the wider context of th...

5. MOJ0504-Making-parenting-arrangements-workbook-Samoan.pdf [pdf, 2.7 MB]

   ...ai, na e tago lea e scan le QR code po o le tatala o le link lea: justice.govt.nz/consent-order Telefoni vili fua a le Ministry of Justice i le 0800 224 733 Faaaoga le meapueata o lau telefoni e scan ai a‘u https://www.justice.govt.nz/family/care-of-children/parenting-through-a-break-up/agree-on-a-parenting-plan/apply-for-a-consent-order/ 23 O se tali atu pe afai ua le tausisia le fuafuaga tau tausiga o le fanau E mafai na e: Talanoa i le tagata e le o mulimulitai i le fuafuaga...

6. The Trustees of Lake Horowhenua Trust - Horowhenua Block 11 (2012) 285 Aotea MB 135 (285 AOT 135) [pdf, 162 KB]

   ...6 Wall v The Maori Land Court - Tauhara Middle 15 Trust and Tauhara Middle 4A2A Trust (2010) 2010 Maori Appellate Court MB 55 (2010 APPEAL 55) at [33] 285 Aotea MB 139 meeting, or who have work, child care or other care giver responsibilities are entitled to have their views considered in the appointment process. Whether it is called a postal ballot or something else is irrelevant. The short point is that, in taking into account the princip...

7. [2014] NZEmpC 211 Pyne Gould Corp Ltd v West [pdf, 94 KB]

   ...conveniently summarised by Judge Inglis in Liu v South Pacific Timber (1990) Ltd: 2 [10] In exercising its broad discretion the Court must have regard to the overall justice of the case, and the respective interests of both parties are to be carefully weighed. The balancing exercise was summarised by the Court of Appeal in A S McLachlan Ltd v MEL Network Ltd as follows: The rule itself contemplates an order for security where the plaintiff will be unable to meet an adverse awa...

8. Mao v Howitt [pdf, 60 KB]

   ...E2.3.3 Walls, floors and structural elements in contact with the ground shall not absorb or transmit moisture in quantities that could cause undue dampness or damage to building elements. E2.3.4 Building elements susceptible to damage shall be protected from the adverse effects of moisture entering the space below suspended floors. E2.3.5 Concealed spaces and cavities in buildings shall be constructed in a way that prevents external moisture being transferred and causing condensa...

9. LCRO 14/2021 PR and [Law Firm A] v [Area] Standards Committee [X] (30 August 2021) [pdf, 143 KB]

   ...accepted that he had paid Mr KJ a referral fee and that in doing so, he had breached r 5.9. Concession was also made by Mr PR to having breached reg 6 of the Trust Account regulations. 1 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules). 3 [11] Mr PR denied that he had permitted Mr KJ to use his firms trust account. [12] The Standards Committee delivered its decision on 16 December 2020. [13] The Committee concluded that there was insuf...

10. [2022] NZEmpC 21 Baillie v The Chief Executive of Oranga Tamariki - Ministry for Children [pdf, 222 KB]

    ...has not been stressed. [33] In terms of overall justice, Mr Baillie relies on the submissions on the two other issues and to his swift application to seek interim reinstatement to preserve the status quo. Oranga Tamariki relies on its role in protecting children and young people in its care and notes Mr Baillie’s failure to take responsibility for how the situation unfolded. It submits that prudence and safety favour maintaining the status quo, being that Mr Baillie remains aw...