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1. [2024] NZEnvC 063 Horticulture New Zealand v Waikato District Council [pdf, 457 KB]

   Topic 11 - General rural zone - land use activities - Proposed Waikato District Plan IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2024] NZEnvC 063 IN THE MATTER OF appeals under clause 14 of Schedule 1 of the Resource Management Act 1991 BETWEEN HORTICULTURE NEW ZEALAND (ENV-2022-AKL-000043) FEDERATED FARMERS OF NEW ZEALAND (ENV-2022-AKL-000051) Appellants AND WAIKATO DISTRICT COUNCIL Respondent Court: Al...

2. BS Ltd v UN [2024] NZDT 164 (11 April 2024) [pdf, 166 KB]

   CI0301_CIV_DCDT_Order Page 1 of 7 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 164 APPLICANT BS Ltd t/a HX RESPONDENT UN The Tribunal orders: BS Ltd is to pay UN $27,695.64 on or before 10 May 2024. Background 1. In April 2021 BS Ltd trading as HX provided a quote of $34,591 plus GST to UN for a kitset building. Over a period of months, the parties refined the plans for UN’s requirements an

3. Ikbarieh v Hammadieh [2014] NZIACDT 111 (13 October 2014) [pdf, 385 KB]

   ...charge $720 for doing so. [6] The Tribunal upheld the complaint on three grounds: [6.1] Mr Hammadieh delivered defective advice on the complainant’s immigration prospects, and did so without the care, diligence and professionalism required by clause 1.1(a) of the Licensed Immigration Advisers Code of Conduct 2010 (the Code); [6.2] He also breached the requirement to set out fees and obtain an agreement in writing as required by clause 8 of the Code (or by written agreement under clau...

4. BORA Search and Surveillance Powers Bill [pdf, 314 KB]

   Search and Surveillance Powers Bill 17 November 2008 Attorney-General Search and Surveillance Powers Bill 300-1: Consistency with the New Zealand Bill of Rights Act Our Ref: ATT395/78 1. Further to brief advice provided in the course of the Cabinet process for this Bill, I have set out the basis for the conclusion given at that time that the Bill appears to be consistent with the New Zealand Bill of Rights Act 1990 ("the Bill of Rights Act"). 2. The Bill provides for

5. (9) Hamilton City Council [pdf, 321 KB]

   ...to the Waikato Regional Plan BETWEEN HAMILTON CITY COUNCIL Appellant AND WAIKATO REGIONAL COUNCIL Respondent NOTICE OF APPEAL BY HAMILTON CITY COUNCIL 7 July 2020 Westpac House 430 Victoria Street PO Box 258 DX GP 20031 Hamilton 3240 New Zealand Ph: (07) 839 4771 Fax: (07) 839 4913 tompkinswake.co.nz Solicitor: Marianne Mackintosh marianne.mackintosh@tompkinswake.co.nz Counsel: Lachlan Muldowney lachlan@muldowney.co.nz - 1...

6. [2016] NZEmpC 49 Mercer v McIntyre [pdf, 151 KB]

   ...rule was considered relatively recently by the English Court of Appeal in Hin-Pro International Logistics Ltd v Compania Sud Americana De Vapores. 3 The Court noted that: "The rule invites a construction adverse to the proferens where the clause is ambiguous". 4 It cited with approval the following passage from a Canadian case: 5 … If the doctrine does apply, it tells the Court to select one of the two possible interpretations of the contract, the one less favourabl...

7. KOK Ltd v MXL Ltd [2020] NZDT 1503 (31 August 2020) [pdf, 127 KB]

   ...electricity charges of $6,430.56 (as agreed between the parties) the amount owed by MXL was $952.78 (see paragraph 13 above). Does MXL owe the cleaning and remedial costs? 23. The terms of the Lease are incorporated in the UO/MXL assignment. Under clause 4 of the second schedule of the UO/MXL assignment, the assignee (MXL) agrees with the landlord (KOK) that it will perform all the provisions of the Lease for the date of the assignment. 24. Clause 8.1 of the Lease requires th...

8. [2007] NZEmpC AC 19/07 Cuttriss v Carter Holt Harvey Ltd [pdf, 106 KB]

   ...October 1987, do not provide a retiring benefit as a condition of employment. [6] The plaintiff signed an employment contract in 1992 which did not refer to a retiring benefit entitlement. The 1992 contract contained the following relevant clause: 1. NATURE OF CONTRACT … This contract shall be read in conjunction with the Company Policy Manual, a copy of which is held by the Personnel Department. Those policies that relate to salaried employment and which are not...

9. [2023] NZEnvC 046 Save the Maitai Incorporated v Nelson City Council [pdf, 246 KB]

   ...I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2023] NZEnvC 46 IN THE MATTER of the Resource Management Act 1991 AND an appeal under clause 14 of the First Schedule to the Act BETWEEN SAVE THE MAITAI INCORPORATED (ENV-2022-CHC-65) Appellant AND NELSON CITY COUNCIL Respondent AND CCKV MAITAI DEV CO LP & BAYVIEW NELSON LIMITED Section 274 parties Court: Environment Judge J J M Hassan Hearing: On the papers under s279 RMA Submissions: S Gepp for Save the...

10. Jolen, Challenor & Ross v REAA & Challenor & Jolen [2013] NZREADT 6 [pdf, 67 KB]

    ...being held in their trust account for 10 days in terms of the Act. She pointed out that the variation he sought, that the Professionals not deduct commission from the deposit and only receive it at settlement of the purchase, was an inappropriate clause to be inserted in the agreement for sale and purchase because that was a contract between the two vendors and the purchaser and the Professionals were not a party to it; and that it was the real estate company known as the Professionals w...