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1. ENV-2016-AKL-000197 Adams v Auckland Council [pdf, 4.2 MB]

   IN THE ENVIRONMENT COURT AT AUCKLAND ENV-2016-AKL- IN THE MATTER AND IN THE MATTER AND of the Local Government (Auckland Transitional Provisions) Act 2010 (LGATPA) and the Resource Management Act 1991 (RMA) of an appeal under section 156(1) of the LGATPA against a decision of the Auckland Council on a recommendation of the Auckland Unitary Plan Independent Hearings Panel (Hearings Panel) on the proposed Auckland Unitary Plan (Proposed Plan) IN THE MATTER of Proposed Plan

2. AAI v ZZS [2013] NZDT 90 (25 June 2013) [pdf, 81 KB]

   ...the statutory notice period. If so, are rent and operating expenses owed for that period? [11] The parties agreed that operating expenses of seven per cent of the outgoings chargeable for the whole building and weekly rent would be paid (clause 3.1 “Variation of lease” and clause 3.1 “Succession of lease”). Further, if ZZS Ltd remained in possession of the property in accordance with s 210, ZZS Ltd’s obligations under the lease remain in place after...

3. South Waikato District Council.pdf [pdf, 239 KB]

   ...Appellant AND WAIKATO REGIONAL COUNCIL Respondent NOTICE BY SOUTH WAIKATO DISTRICT COUNCIL TO BECOME A PARTY TO PROCEEDINGS UNDER SECTION 274 OF THE ACT Dated 28 September 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 - 1 - TO: The Registrar Environment Court...

4. 2020-10-16-EPA-PC8-Summary-of-Submissions-Further-Submission-Spreadsheet.xlsx [xlsx, 187 KB]

   ...7.D.10 80016 80016.09 Horticulture New Zealand Support Retain as notified Y Y Y Part G: Rule 14.5.1.1 80016 80016.10 Horticulture New Zealand Support Provide greater clarity in the administration of Rule 14.5.1.1 and Rule 14.5.2.1 by either replicating all of clause (g) in Rule 14.5.2.1 or by removing it from Rule 14.5.1.1 and moving it to Rule 14.5.2.1. If Clause (g) is retained in Rule 14.5.1.1, insert new criterion as follows: 14.5.1.1 (g) The discharge of sediment does not result in any o...

5. Maiava v Matauri X Incorporation (2010) 10 Taitokerau MB 106 (10 TTK 106) [pdf, 60 KB]

   ...Taitokerau MB 107 Background [2] Mrs Maiava is a shareholder of Matauri X Incorporation (“the Incorporation”). On 7 November 1998 the Incorporation granted Mrs Maiava a licence to occupy in relation to a 2000 m2 section (“the licence”). Clause 8 of the licence provided that it would “cease and determine” if inter alia Mrs Maiava had not erected a dwelling house on the site within a year of the licence. It is accepted by all parties that Mrs Maiava did not build a house...

6. Potatoes NZ Incorporated.PDF [PDF, 910 KB]

   ...vegetable production on LUC I, LUC II and LUC III land using the Land Use Capability (LUC) Survey Handbook, including the flexibility to undertake crop rotations on multiple and/or changing properties as follows; …” Policy 3/Te Kaupapa Here 3 Clause (d) Provide clarity that the other pathways are open to authorise commercial vegetable growing based on an assessment of effects. “Recognise the positive contribution to people and communities from commercial vegetable...

7. Potatoes-NZ-Incorporated.PDF [PDF, 908 KB]

   ...vegetable production on LUC I, LUC II and LUC III land using the Land Use Capability (LUC) Survey Handbook, including the flexibility to undertake crop rotations on multiple and/or changing properties as follows; …” Policy 3/Te Kaupapa Here 3 Clause (d) Provide clarity that the other pathways are open to authorise commercial vegetable growing based on an assessment of effects. “Recognise the positive contribution to people and communities from commercial vegetable...

8. HL v UED Ltd [2022] NZDT 113 (7 August 2022) [pdf, 101 KB]

   ...the word “Limited”. However, this does not exclude UED Ltd from being a party to the contract. BE Ltd is not recorded anywhere in the contract. The only mention of any company is in the terms and conditions, in a photography waiver and release clause. In that clause UED Ltd is mentioned 6 times. For example “UED Ltd collects on an ongoing basis individual, group photos and testimonials relating to our patients and activities at UED Ltd.” In this clause the words “our” and “we...

9. VI & BB Ltd v QN & Ors [2024] NZDT 720 (9 September 2024) [pdf, 126 KB]

   ...which was a total of $11,231.66. CI0301_CIV_DCDT_Order Page 2 of 4 8. After the lease was signed VI asked for the agreement to be varied so that the lease was in her name personally. This happened in December 2023. 9. The lease provides (clause 9) that the tenant is responsible for certain work including installing any plumbing work for the business and painting the interior of the shop. VI says that despite this, the Respondent agreed to replace the toilet and handbasin in t...

10. QX & TN v P Ltd [2025] NZDT 108 (17 March 2025) [pdf, 198 KB]

    ...clicked through to those terms and conditions and pointed out that most consumers do not. That may be the case. However, I consider them to form part of the contract given they were supplied and able to be viewed if TN and QX had wished to. 24. Clause 1.3 of the terms and conditions that were in force in 2021 when TN and QX changed plans stated: 1.3 We can change any of our terms and any of our Plans, Services, or Charges at any time. We can also withdraw any Plan or Service at any...