Search Results

1. CA v XU LCRO 196 / 2010 (18 May 2011) [pdf, 157 KB]

   ...you all, that you are all aware that this is the case and that should there be a falling out along the line, we will be indemnified for any costs claimed because we acted on instruction from yourselves. It is important that you note that you are informed that you have the right to consult an independent practitioner and in signing the indemnity you acknowledge that you waive this right. [14] After obtaining a copy of the Agreement prepared by Mr CB which was held by the bank, the Resp...

2. [2018] NZEnvC 197 Double R Developments Limited v Western Bay of Plenty District Council [pdf, 630 KB]

   ...subject site via Waihi Beach Road, State Highway 2, Athenree Road, Steele Road, Emerton Road and Hanlen Avenue. The empty trucks are to return to the quarry via the same route. [16] On 4 March 2018 the Appellant's surveyor responded bye-mail requesting amendments to 9 conditions and asking to be updated about the requirements for fill and finished floor levels in conditions 6 and 10. The e-mail makes no reference to condition 7, nor to truck movements generally. [17] On 16 Marc...

3. LCRO 179/2019 HL v [Area] Standards Committee (30 April 2020) [pdf, 181 KB]

   ...the time of filing his affidavit, Mr A was serving a sentence of home detention, having earlier been convicted on a charge of attempting to pervert the cause of justice. Mr A had fabricated hair testing results. [43] The Judge’s specific request that Mr A’s evidence be produced through an expert, reflected the seriousness of the situation. Clearly in the face of Mr A’s earlier attempts to game the system, the Judge required more than mere opinion or anecdotal evidence fro...

4. [2022] NZEnvC 163 11 Cheshire Street Body Corporate v Auckland Council [pdf, 1.6 MB]

   11 Cheshire Street Body Corporate v Auckland Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2022] NZEnvC 163 IN THE MATTER OF an appeal under section 120 the Resource Management Act 1991 BETWEEN 11 CHESHIRE STREET BODY CORPORATE (ENV-2021-AKL-63) Appellant AND AUCKLAND COUNCIL Respondent Court: Environment Judge MJL Dickey, sitting alone pursuant to s 279(1) of the Act Date of Order: 26 August 20

5. Paerau - Te Komiti 1B2B2 Ahu Whenua Trust (2015) 95 Taitokerau MB 280 (95 TTK 280) [pdf, 189 KB]

   ...95 Taitokerau MB 284 [15] Mr Paerau also argued that the proposed lease to Mr Bowers is not at market rates and that the rental is not sufficient. [16] Mr Paerau contends that there are a number of outstanding issues concerning the former lease over the land. He argues that the former lessee breached the terms of that lease and left the land in a state of disrepair. Mr Paerau submits that infrastructure belonging to the Ahu Whenua Trust has also been stolen. Mr Paerau a

6. Davies - Te Haroto Marae Maori Reservation (2015) 45 Takitimu MB 174 (45 TKT 174) [pdf, 438 KB]

   ...again. [15] A further hearing was held on 5 August 2015. 16 At that stage the audit report and the charter had not been filed. Tracy Bush confirmed that the trustees had attempted to hold meetings but certain issues remained unresolved. She requested the Court’s assistance in facilitating a meeting. I adjourned the application for further hui to be held and directed that Peter Bloor be appointed as an independent facilitator. 17 [16] Hui were held in respective of each o...

7. Recording Industry Association of New Zealand v Teleom NZ 2592 [2013] NZCOP 1 [pdf, 75 KB]

   ...criminal record as it is clean. I didn’t realise that it was illegal and I apologise sincerely for this mistake and have removed it from my computer. In regards to the song ‘tonight tonight’ by Hot Chelle Rae being downloaded, I can’t claim responsibility for this as it wasn’t done by myself or anyone in this household but if I find the person responsible for downloading this through my internet then I will definitely enforce the consequences behind doing so.” [10] The...

8. ENVC Hearing 6Oct14 DM local Susan McCann [pdf, 115 KB]

   BEFORE THE ENVIRONMENT COURT IN THE MATTER of a notice of motion under section 87G of the Resource Management Act 1991 (Act) requesting the granting of resource consents to Waiheke Marinas Limited to establish and operate a marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf ENV-2013-AKL-000174 (DRAFT) STATEMENT OF LAY EVIDENCE OF SUSAN MCCANN (TOURISM AND TOURISM PLANNING) ON BEHALF OF DIRECTION MATIATIA INCORPORATED AND OTHERS...

9. Gemmell v Gemmell - Mohaka A4 Trust (2014) 32 Takitimu MB 174 (32 TKT 174) [pdf, 245 KB]

   ...realism, the parties’ legal situation, the degree of success achieved by the respondent and the time required for effective preparation. [14] If a party has acted unreasonably – for instance by pursuing a wholly unmeritorious and hopeless claim or defence – a more liberal award may well be made in the discretion of the judge, but there is no invariable practice. There is no basis for departing from the ordinary rules where the proceedings were difficult and hard fought, and wh...

10. Dyall v CAC20001 & Lantz [2013] NZREADT 50 [pdf, 58 KB]

    ...The second respondent licensee on his own behalf DECISION OF THE TRIBUNAL The Issue [1] Did the licensee fail to meet proper standards as a real estate sales person when marketing a property in Remuera Auckland which the appellant and her former husband then owned? [2] The appellant appeals a decision of a Committee of the Authority to take no further action on her complaint against the licensee concerning his marketing of that property. 2 Background [3] As the Co...