Search Results

1. 2021-07-23 ORC - Legal submissions regarding scope for relief sought by WISE Response.pdf [pdf, 215 KB]

   ...Council wishes to reserve its position on scope in respect of these submissions until parties confirm if they want to pursue the relief sought. Scope principles 6 In making a decision on PC8, the Environment Court must (relevantly):2 (a) apply clause 10(1) to (3) of Schedule 1 as if it were a local authority; and (b) may exercise the powers under section 293. 7 Clause 10 of Schedule 1 to the Act provides for the making of decisions on provisions and matters raised in submissio...

2. 2022-03-18 Remarkables Park - Legal submissions as to scope [pdf, 1.5 MB]

   ...relation to “earthworks for residential development” only: (a) The heading of Part G stated: “Sediment from earthworks for residential development”; (b) Rule 14.5 was entitled: “Earthworks for residential development”; (c) The opening clause of rule 14.5.1.1 stated: “The use of land, and the associated discharge of sediment into water or onto or into land where it may enter water, for earthworks for residential development is a permitted activity providing:”; an...

3. Consistency with the New Zealand Bill of Rights Act 1990: Taxation (Budget Measures) Bill [pdf, 202 KB]

   LEGAL ADVICE LPA 01 01 24 7 May 2025 Hon Judith Collins KC, Attorney-General Consistency with the New Zealand Bill of Rights Act 1990: Taxation (Budget Measures) Bill Purpose 1. We have considered whether the Taxation (Budget Measures) Bill is consistent with the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990 (the Bill of Rights Act). 2. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the

4. Hutchison v Solomon [pdf, 137 KB]

   ...all rooms in the basement area. 5. Purchase by Mr & Mrs Hutchison 5.1 Mr & Mrs Hutchison purchased the property from Mr & Mrs Solomon pursuant to an agreement dated 5 December 1998 for $420,000.00. The agreement included the clauses: Determination.1 7 "6.1 The vendor warrants and undertakes that: … (8) Where the vendor has done or caused or permitted to be done on the property any works for which a permit or building consent was required by...

5. 2021-03-15 Trustpower 1- Extract from s 32 Evaluation of Proposed NPS FM 2020 dated 22 July 2020 [pdf, 175 KB]

   ...district plans. Option 1 would not add any specific requirements beyond what is already in the NPS-FM – it would seek to clarify and therefore have less impact in driving change and establishing a transparent framework. Policy 3 (supported by clause 3.5) is the most effective and efficient way to achieve the Objective for the reasons discussed above 7.4 POLICY 4 Policy 4 Fresh water is managed as part of New Zealand’s integrated response to climate change. Supported by: P...

6. Contract Compliance statement 7May2021 [pdf, 215 KB]

   ...Section 1: Terms and requirements I confirm that to the best of my knowledge and after making due enquiry with my reports: Statement Acknowledgement Comments 1. My organisation is compliant with the requirements and obligations as per clause 3.1 of the Contract, including the CCH User Guide. Yes No N/A 2. My organisation is compliant with the Ministry’s privacy, confidentiality and security requirements, as per clause 10 of the Contact. Yes No...

7. D Ltd v M Ltd [2023] NZDT 731 (13 December 2023) [pdf, 221 KB]

   ...cleaning standard. Eventually, M Ltd found and contracted another cleaner and D Ltd’s services were terminated. 9. There was a contract between M Ltd and D Ltd regarding the cleaning services. The contract was for a 12 month period with a rollover clause. The contract, which survives the ownership of the two named companies by different purchasers, states at clause 13: In the event that the Cleaning is substandard and the Client has notified us, D Ltd has the opportunity to cha...

8. VS v WN [2022] NZDT 221 (30 November 2022) [pdf, 113 KB]

   ...1. On 20 July 2022 Mr O, for WN, signed a contract for the supply and installation of windows and doors at a property in [location] for a total sum of $30,466.00, after discussing his requirements with a consultant contracted by VS, Mr S. 2. Clause 4.9 of the contract provides that if the contract is terminated, VS: “… will be entitled to recover all costs incurred prior to the date of termination. This includes, but is not limited to, the fees payable for an on-site consultan...

9. Leaders Real Estate (1987) Limited v CAC20008 & Anor [2015] NZREADT 41 [pdf, 155 KB]

   ...may run over by 90 days against the wishes of the vendor. The Committee covered those material facts as follows: “2.1 The listing agreement of the agency states the term of the sole and exclusive agency to be 90 days. The complainant refers to clause 1.A4 of the licensee’s listing agreement under the heading “Sole & Exclusive Agency “which states: If the property is not sold by the expiry of the term of this Sole & Exclusive Agency, then unless a renewal of the Sole &...

10. C Ltd v J Inc [2024] NZDT 105 (13 February 2024) [pdf, 146 KB]

    ...Apparently, the intention was to separate the “IU” restaurant business from the faith based activities of J Inc. C Ltd says that it instructed its solicitors to prepare a Deed of Assignment of Lease but this was never executed by J Inc. 27. Clause 26.3 of the lease provides that the tenant must pay the Landlord’s solicitors reasonable costs in relation to any extension or variation of the lease. I am satisfied that the legal fees in relation to the deed of assignment of lease we...