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1. ENVC Hearing 6Oct14 WML rebuttal Maxwell Dunn [pdf, 5.2 MB]

   ...not in contention from the perspective of the other planning witnesses. 47. Mr Serjeant finds in paragraph 65 that Policy 13.4.1(a) on the purposes of reclamation is “clearly not met” and reclamation is contrary to the policy, and that clause (b) on practical alternatives “has not been demonstrated”. I also note that Mr Serjeant indicated in the same paragraph that clause (d) is not met based on the Gilbert landscape evidence that “the natural character effects are...

2. KN v T Ltd [2023] NZDT 106 (28 February 2023) [pdf, 230 KB]

   CI0301_CIV_DCDT_Order Page 1 of 5 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2023] NZDT 106 APPLICANT KN RESPONDENT T Ltd The Tribunal orders: KN is to pay $5,800.00 to T Ltd on or before 20 March 2023. REASONS Brief Details of Claims 1. KN owns a property at [Address]. KN submitted an Application for Resource Consent to subdivide the property into three lots. There was an existing house on the propo

3. LCRO 16/2020 PF v VJ (22 September 2020) [pdf, 243 KB]

   ...Committees) Regulations 2008 (the Regulations), there were no “special circumstances” to justify consideration of his fees. 6 [30] He says the recovery of his fees in his invoices issued to DEF, and interest on those fees pursuant to clauses 90.1(f) and 26 of the franchise agreement was a contractual matter. (4) Delay in responding [31] Mr VJ denies he delayed responding to Ms FB’s Thursday, 19 September 2019 letter. He says having obtained DEF’s instructions on...

4. L v EQC [2021] CEIT-2019-0036 [pdf, 298 KB]

   ...Tribunal to exercise its removal power on the papers, provided the parties are given a reasonable opportunity to comment. Section 11 uses the word “may” indicating that the power is discretionary, and so must be reasonable on the facts. [24] Clause 10 of sch 2 of the Act also grants this Tribunal a separate power to strike out a claim, in full or in part, if the claim: discloses no reasonable cause of action, is likely to cause prejudice or delay, is frivolous or vexatious, or...

5. Sycamore v McLaughlin - Rangatira E (2025) 335 Waiariki MB 40 (335 WAR 40) [pdf, 268 KB]

   ...there is a need to ensure the current trustees remain broadly acceptable to the beneficial owners in accordance with s 222 of the Act. [19] The applicant also seeks review and amendment of the terms of trust order. The applicant has suggested a clause that provides for the rotation of trustees. Ngā kōrero a ngā Kaiurupare Submissions of the Respondents [20] The respondents are the four trustees of the Rangatira E Development Trust. They argue that none of the breaches detaile...

6. MJ v Accident Compensation Corporation (Leave to appeal to the High Court) [2025] NZACC 007 (14 January 2025) [pdf, 208 KB]

   ...from 16 November 2021 to 7 December 2021, on the basis that “sensitive claim has just started counselling”. [25] On 7 December 2021, the Corporation issued a decision declining to pay weekly compensation to MJ, on the basis that (in terms of clause 52, Schedule 1 of the Act), she was no longer entitled to weekly compensation as she was over 65 and had been entitled to weekly compensation 24 months or more before turning 65. The Corporation further advised that, although it was...

7. Fish & Game – EiC – B Farrell – Planning (5 Feb 2021) [pdf, 1.2 MB]

   2101895 | 576974 page 1 In the Environment Court of New Zealand Christchurch Registry I Mua I Te Kōti Taiao o Aotearoa Ōtautahi Rohe ENV-2020-CHC-127 Under the Resource Management Act 1991 In the matter of a notice of motion under section 149T(2) to decide proposed Plan Change 7 to the Regional Plan: Water for Otago Otago Regional Council Applicant Statement of Evidence of Ben Farrell for the Otago Fish and Game Council and Central South Island Fis

8. [2013] NZEmpC 141 2Air NZ Ltd v Kerr [pdf, 88 KB]

   ...his notice period on what is called “garden leave” and the plaintiff has continued to pay his remuneration as provided for in the employment agreement. [3] In their employment agreement the parties agreed, inter alia, to a confidentiality clause and to a six-month post employment restraint provision which the plaintiff contends will remain in force until 4 February 2014. The plaintiff alleges that the actions of the defendant are or will be in breach of the employment agreeme...

9. 2017 NZSSAA 017 (20 April 2017) [pdf, 166 KB]

   ...them to the Orthotic Centre and have them put into a condition that is suitable for her to use them. Ms XXXX went to a shoe retailer and purchased enough shoes to provide one pair she could wear and one pair as a spare. The cost was $734.86. [5] None of the preceding facts are contentious in any significant respect. What Ms XXXX wants [6] Ms XXXX does not get enough money to pay for all of her essential needs and also pay for the shoes. She wishes to have assistance in the form...

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

    ...Licence Agreement with TT and ST on 22 July 2022 to occupy a caravan site at [the Respondent’s] Holiday Camp until 31 March 2023. A new agreement was signed on 1 April 2023 to run for a further year. 2. 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 se...