Search Results

1. [2020] NZEnvC 108 Terra NZ Group Limited v Auckland Council [pdf, 406 KB]

   ...s 279(1)(9) of the Act Hearing: On the papers Date of Decision: 22 July 2020 Date of Issue: 22 July 2020 DECISION ON COSTS A: Application for costs refused. REASONS What this case is about [1] This is a case concerning earthworks to form a road to serve a rural subdivision in Karaka, South Auckland. Issues arose as to whether the earthworks were within or outside the scope of a resource consent. Abatement notices were issued and then cancelled soon afterward, but there is...

2. DT v TX [2023] NZDT 291 (1 August 2023) [pdf, 149 KB]

   ...advertised. He said it was “well maintained” as stated in the advert, for a 20-year-old vehicle. 17. I find it more likely than not that the vehicle was not “well maintained” and therefore was not as advertised. 18. DT stated his information, from online research and advice received, was that a cam belt should be replaced somewhere between every 60,000kms to 100,000kms or every five to six years. He said TX had owned the vehicle since 2014 and there was no evidence in th...

3. KE & LE v TT & ST [2024] NZDT 461 (18 June 2024) [pdf, 136 KB]

   ...Renewal of the licence is implied by clause 20 of the agreement unless either party provides 21 days’ notice prior to the termination date of an intention not to enter into a new licence. 3. On 22 November 2023, KE and LE emailed TT and ST to inform them of their intent to sell their caravan. 4. On 27 November 2023, TT and ST acknowledged the email and gave notice they would not be offering a licence for the site beyond the termination date of 31 March 2024. 5. KE and LE...

4. [2013] NZEmpC 36 Detection Services Ltd v Pickering [pdf, 139 KB]

   ...and is to be held on an interest bearing account as security in the event the challenge is unsuccessful, with the proceeds to be paid out according to the judgment of the Court. [50] Costs on these two applications are reserved, at the request of the parties. Christina Inglis Judge Judgment signed at 12 noon on 15 March 2013

5. Waal v Accident Compensation Corporation [2016] NZACA 05 [pdf, 291 KB]

   ...been receiving ERC related to the misadventure. [4] In 2002, Mr de Waal applied for retrospective ERC, being compensation for lost earnings backdated to the misadventure in 1984. It was declined as the Corporation said it could not obtain information about his earnings from 1984 to 1996. A review was dismissed as the reviewer found that the Corporation had been prejudiced by the late claim, given the missing record of his remuneration. [5] The essential issue for me is whether M...

6. King v Commissioner of Police [2023] NZHRRT 19 [pdf, 263 KB]

   ...arresting officers may not have had an opportunity to see the NIA alert, they were aware that Mr King had claustrophobia, that it was acute and that he needed the food hatch open. Police brought no evidence to show why on this occasion Mr King’s request for the food hatch to be opened was not responded to by the officers at least discussing the request with him. Nor did Police bring any evidence as to why Mr King was not immediately attended to once he began to suffer claustrophobia sy...

7. Legal Complaints Review Officer v Hong [2013] NZLCDT 9 [pdf, 224 KB]

   ...that he conducted himself as alleged, he denies his conduct constitutes misconduct as charged. Background [4] The charge arose from Mr Hong’s conduct following proceedings being commenced against him and some others by a Mr and Mrs Ma, former clients of Mr Hong. The proceedings related to the purchase of a property which had issues relating to weather-tightness (“Ma proceedings”). [5] Following receipt of the Ma proceedings, Mr Hong initially corresponded by lette...

8. Tata v Tata - Waiwhakaata 3E 4C Lot 2A Block (Hiiona Marae) [2020] Maori Appellate Court MB 166 (2020 Appeal166) [pdf, 427 KB]

   ...Mrs Martin’s own 2015 quarterly report to the trustees indicates the access issue was not resolved. [136] Mrs Martin was present when the briefcase was handed to Mr and Mrs Tata and when they handed it back. She is also aware of the repeated requests from the applicants (both before and during this proceeding) seeking the accounts and financial records concerning the payments to her. [60] In terms of actual knowledge, Mrs Martin knew that the funds were paid to her in breach of...

9. Te Manutukutuku Issue 38 [pdf, 5.7 MB]

   ...ten years as chairman of the Abortion Supervisory Committee, Indecent Publications Tribunal from 1977-79. Staff member performs • In Greece Waitangi Tribunal staff mem­ ber Niwa Short has recently returned from a four week tOUl' per­ forming overseas with the Maraeroa Cultural Club. The tOUl'ing party represented Aotearoa at the invita­ tion of the CIOFF, a world-wide cul­ tural organisation based mainly in Europe. In July this year, Maraeroa club atended festivals...

10. [2012] NZEmpC 29 Tourism Holdings Limited (trading as CI Munro) v Charlesworth [pdf, 138 KB]

    ...only in exceptional circumstances should the effect of a Calderbank offer be extinguished by a claim of undue hardship by an unsuccessful applicant and that the proof of such hardship should be comprehensive and convincing. [13] The plaintiff claimed that the defendant had not established that his financial circumstances were such that he could not meet an increased award of costs without undue hardship and it should therefore be presumed that he could meet enhanced costs as a r...