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1. 2021-02-19 Tom de Pelsemaeker - Reply - Planning (19 Feb 2021) [pdf, 605 KB]

   ......................................................................... 10 Sufficiency/insufficiency of data for decision-making ............................................. 11 Adequacy of the Water Plan to bridge the transition towards a new LWRP .......... 15 GIVING EFFECT TO HIGHER ORDER PLANNING DOCUMENTS, OTHER PLANS AND THE WATER PLAN ............................................ 21 Achieving the purpose of the RMA ....................................................................

2. [2023] NZEnvC 043 Minister of Conservation v Northland Regional Council [pdf, 419 KB]

   ...(1) the appeal is allowed in accordance with Annexure A to this Order; and (2) the order resolves the provisions set out in the determination. No appeal points remain outstanding in Topic 6 – Damming and diversion of water. B: Under section 285 of the Resource Management Act 1991, there is no order as to costs. REASONS Introduction [1] This determination relates to appeals against Northland Regional Council’s decision on the Proposed Regional Plan for Northland, in respec...

3. AE v ZV [2014] NZDT 559 (9 June 2014) [pdf, 32 KB]

   ...advantage through an unconscientious use of power by a stronger party against a weaker party. ZV argued that AE had exercised undue influence by taking advantage of his bargaining position to pressure him into signing the agreement with the damages clause. [10] However, the parties were neighbouring landowners on a fairly equal footing, and I am unable to find any improper conduct by AE or his sister. ZV had the option of altering the roofline to comply with the height-to-boundar...

4. EF & QF v JD & QN [2021] NZDT 1602 (29 October 2021) [pdf, 98 KB]

   ...and QF purchased a property from QN and JD on 21 October 2020. As part of the sale, the parties signed a deed that assigned all of the vendor’s remaining rights and interests in their insurance claims for earthquake damage, to the purchasers. Clause C of that deed provided that the vendor lodged claims with EQC for damage “including under claim number(s) [claim 1], [claim 2] and [claim 3] (claims)”. The parties agree there was a further claim that was made for the Kaikoura earthq...

5. HD v BF Ltd [2022] NZDT 183 (4 October 2022) [pdf, 96 KB]

   ...applicant HD (the client) signed an agreement with the respondent BF Ltd (the designer) headed “Short Form Agreement for Architectural Design Services”. The client (who was acting as an agent for a third party under a power of attorney) paid $5,865.00 under this agreement on 24 March, and a further $5,175.00 on 31 May 2021. The designer completed much of the work required before it emerged that they had different understandings of what had been agreed about the fee. The designer inten...

6. FM & PM v G Ltd [2023] NZDT 134 (30 May 2023) [pdf, 191 KB]

   ...developing subdivision. When the applicants were unable to secure finance, they entered into a contract with QF Ltd for the purchase of land, and a separate building contract with G Ltd (‘the respondent’) to build the house. The applicants paid a $15,000.00 deposit to each company as per the terms of each contract, a total $30,000.00. 3. There was a delay in titles being issued and as the applicants were motivated to have their house build started, the respondent progressed with th...

7. KC v M Ltd [2023] NZDT 494 (3 October 2023) [pdf, 202 KB]

   ...reclaim the pause fee of $30.00 she had already agreed to and paid. Cancellation without termination fee? 4. I am satisfied that KC was not entitled to terminate the contract on the reasons she has relied upon, without paying a termination fee (clause 13). I say that because: a. KC received a full copy of the contract by email after she had signed up in [City 2]. She had the opportunity to fully read it and accept all its terms or not, at that time. She raised no objection to it...

8. LG v IU Ltd [2022] NZDT 124 (16 August 2022) [pdf, 165 KB]

   ...1988) ORDER OF DISPUTES TRIBUNAL District Court [2022] NZDT 124 APPLICANT LG Ltd RESPONDENT IU Ltd The Tribunal orders: The claim is dismissed. Reasons 1. LG Ltd purchased a farm from IU Ltd, with settlement on 25 June 2021. A horse walker was listed as one of the farm chattels. 2. LG Ltd claims that IU Ltd breached the vendor warranty in clause 7.3(1) of the Agreement for Sale and Purchase of Real Estate, because the horse walker was not provided...

9. LG v G Ltd [2024] NZDT 411 (28 May 2024) [pdf, 130 KB]

   ...is no dispute that LG sent G Ltd an email that requested the full refund within 48 hours of viewing the boat. 11. OG is of the certain view that LG could only be refunded the deposit if the boat was not in reasonable condition for its age. The clause he wrote into the contract however, did not state that LG had to provide a reason for requesting a refund. From an ordinary reading of the of the clause as a whole, it was enough if LG was not happy with the boat. LG could simply request...

10. Tamang v Varquez [2015] NZIACDT 78 (31 July 2015) [pdf, 186 KB]

    ...the complainant, then: [2.1] Failed to comply with the requirements for commencing a professional relationship, as his client had not accepted a written agreement and he did not attend to the various disclosure requirements. In doing so he breached clauses 1.5(a), (b) and (d) of the Licensed Immigration Advisers Code of Conduct 2010 (the 2010 Code). [2.2] He also failed to document the fees and disbursements as required by clause 8(d) of the 2010 Code. [2.3] In addition, he negligentl...