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1. MBL v Shadforth [2016] NZIACDT 31 (16 June 2016) [pdf, 100 KB]

   ...anonymised references in this decision are the same as in that decision. The prohibition on identifying parties also applies equally to this decision. [2] The Tribunal upheld the following grounds of complaint: [2.1] Two emails respectively breached clauses 1.1(a) and 2.1(g) of the 2010 Code, and clause 1 of the 2014 Code. Ms Shadforth acted with a lack of respect for Mr MBL, and was unprofessional in respect of the first email. The second email was disrespectful, and unprofessional. Ms...

2. BORA Immigration (Mass Arrivals) Amendment Bill [pdf, 335 KB]

   ...already a regime in the Act for the detention of individuals who arrive in New Zealand pending their removal. The Bill inserts provisions dealing with the specific situation of a mass arrival of illegal migrants and their detention pending removal. 11. Clause 11 of the Bill amends s 307 of the Act by inserting new subs (2), which provides that the purpose of the mass arrival warrant of commitment regime is to: o provide a practicable and administratively workable time period to process t...

3. [2021] NZEnvC 035 The New Zealand Refining Company Limited v Whangarei District Council [pdf, 1.1 MB]

   IN THE ENVIRONMENT COURT AT AUCKLAND I TE KOTI TAIAO O AOTEAROA KI TAMAKI MAKAURAU IN THE MATTER OF BETWEEN AND Decision No. [2021] NZEnvC O 35 an appeal under clause 14 of the First Schedule of the Resource Management Act 1991 THE NEW ZEALAND REFINING COMPANY LIMITED (ENV-2020-AKL-000 126) NEW ZEALAND TRANSPORT AGENCY (ENV-2020-AKL-000132) Appellants WHANGAREI DISTRICT COUNCIL Respondent Court: Environment Judge J A Smith sitting alone under section 279 of th

4. [2023] NZEnvC 050 Royal Forest and Bird Protection Society of New Zealand Incorporated v Northland Regional Council [pdf, 299 KB]

   pNRP – Topic 10 – Infrastructure and energy IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2023] NZEnvC 050 IN THE MATTER OF appeals under Clause 14 of Schedule 1 of the Resource Management Act 1991 BETWEEN ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV-2019-AKL-000127) NORTHPOWER LIMITED (ENV-201-AKL-000123) TRANSPOWER NEW ZEALAND LIMITED (ENV-2019-AKL-000107) Appellants AND NO...

5. [2024] NZEnvC 252 Beachlands South Limited Partnership v Auckland Council [pdf, 391 KB]

   Beachlands South Limited Partnership v Auckland Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2024] NZEnvC 252 IN THE MATTER OF an appeal under clause 14 of Schedule 1 of the Resource Management Act 1991 on the decision of Auckland Council approving Plan Change 80 to the Auckland Unitary Plan BETWEEN BEACHLANDS SOUTH LIMITED PARTNERSHIP (ENV-2023-AKL-181) Appellant AND AUCKLAND COUNCIL Respondent

6. Chand v Ahuja [2014] NZIACDT 119 (19 December 2014) [pdf, 130 KB]

   ...not necessary to examine the wider grounds in this decision. [7] The ground of complaint for the Tribunal to determine is whether Mr Ahuja failed to refund unearned fees after his engagement ended. The relevant provision in the Code of Conduct is clause 3(d), which provides: A licensed immigration adviser must maintain professional business practices relating to finances, records, documents, contracts and staff management, including: … d) providing any refunds payable upon complet...

7. NB v CF & MF [2024] NZDT 515 (13 August 2024) [pdf, 214 KB]

   ...being able to overflow into the property’s stormwater drain so that it was not fit for its purpose. He designed a new septic system that was quoted to cost $24,489.25 to install. 10. NB considered CF and MF breached the vendor warranty in clause 7 of the contract that provided the vendor warranted that as at settlement “…all plant, equipment, systems or devices which provide any services or amenities to the property… are delivered to the purchaser in reasonable working ord...

8. [2016] NZEmpC 65 Caffe Coffee (NZ) Ltd v Farrimond [pdf, 418 KB]

   ...fidelity and [utmost] good faith to the Employer; iii. comply with all policies and procedures (including any Codes of Conduct) implemented by the Employer, or the Ultimate Holding Company, from time to time; iv. subject to matters referred to in clause 4.2, devote the whole of the Employee’s time and attention to the performance of the Duties and at such other times as may reasonably be necessary; v. subject to matters referred to in clause 4.2, not, whilst employed by th...

9. [2020] NZEnvC 146 River Terrace Developments Ltd v Central Otago District Council [pdf, 566 KB]

   ...(ENV-2020-CHC-6) Appellant CENTRAL OTAGO DISTRICT COUNCIL Respondent Court: Environment Judge J J M Hassan Hearing: In Chambers at Christchurch Date of Decision: 7 September 2020 Date of Issue: 7 September 2020 DECISION AS TO COSTS A: Under s285 of the Resource Management Act 1991, River Terrace Developments Limited is ordered to pay Central Otago District Council a contribution towards its costs of $2,600.00. REASONS Introduction [1] This proceeding concerns an appe...

10. BORA Consumer Guarantees Amendment Bill [pdf, 266 KB]

    ...into the House of Representatives on 6 May 2010 and is currently awaiting its first reading. We understand that the next Members’ day is scheduled for Wednesday, 26 May 2010. 2. The Bill amends the Consumer Guarantees Act 1993 (‘the Act’). Clause 5 inserts new sections 15A and 15B to provide for rights in relation to extended warranties. Those rights relate to the disclosure of certain information and a cooling-off period to allow the consumer to reconsider the purchase of an ext...