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1. Bell v Shadforth [2018] NZIACDT 1 [pdf, 109 KB]

   ...behaviour which is a ground for complaint under s 44(2)(d) of the Immigration Advisers Licensing Act 2007 (the Act) or, alternatively, she breached cls 1 and 29(a) and (b) of the Licenced Immigration Advisers Code of Conduct 2014 (Code of Conduct). Clause 1 requires that a licenced adviser must be honest, professional and conduct themselves with due care. Clause 29 provides that an immigration adviser must not represent or promote in a false, fraudulent or deceptive manner. [12] T...

2. [2021] NZEnvC 150 Waterfall Park Developments Limited v Queenstown Lakes District Council [pdf, 164 KB]

   WPDL v QLDC – WAIVER DECISION – SEPTEMBER 2021 IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2021] NZEnvC 150 IN THE MATTER of the Resource Management Act 1991 AND an appeal under clause 14 of the First Schedule of the Act BETWEEN WATERFALL PARK DEVELOPMENTS LIMITED (ENV-2019-CHC-90) Appellant AND QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Environment Judge J J M Hassan, sitting alone Hearing: By ju...

3. CAC20002 v Gollins [2015] NZREADT 2 [pdf, 178 KB]

   Decision No: [2015] NZREADT 2 Reference No: READT 010/14 IN THE MATTER OF of charges laid under s.91 of the Real Estate Agents Act 2008 BETWEEN COMPLAINTS ASSESSMENT COMMITTEE (CAC20002) Prosecutor AND CHRISTOPHER GOLLINS Defendant BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL Ms K Davenport QC – Chairperson Mr G Denley – Member Mr J Gaukrodger – Member HEARD at WELLINGTON on 8 & 9 December 2014 APPEARANCES

4. George Lancaster v The Real Estate Agents Authority (CAC 491), John Lantz & Stephanie Kelland [2017] NZREADT 77 [pdf, 209 KB]

   ...prospective purchasers without Mr Lancaster’s consent; [f] Mr Lantz did not disclose to Mr Lancaster that he was listing the eventual purchaser’s existing property for sale; and [g] Ms Kelland had “a lot to answer for”. The decision [5] In a decision issued on 18 May 2017, Complaints Assessment Committee 413 (“the Committee”) decided pursuant to s 89(2)(c) of the Real Estate Agents Act 2008 (“the Act”) to take no further action on the complaint (“the decis...

5. [2017] NZEnvC 047 North Eastern Investments Limited & Heritage Lands Limited v Auckland Transport [pdf, 477 KB]

   ...settlement where compromise could have been reasonably expected; (e) where a party takes an unmeritorious point and fails. [13] The Environment Court's Practice Note 2014 carries through the Bielby factors, with some amplification, into clause 6.6(d): In considering whether to award costs, and the quantum of any award, the following factors are commonly referred to and given weight, if they are present in the particular case: • the arguments advanced by the party were withou...

6. [2023] NZEmpC 133 Chain & Rigging Supplies Ltd v Nikorima [pdf, 265 KB]

   ...issues later. Background [4] C&R is a business of long standing, purchased by its current owners in June 2021. It provides inspection and testing services for lifting equipment and distributes a range of specialist lifting equipment. [5] Mr Nikorima was employed by the company until 1 March 2023 as Business Development Manager. He had worked for the company before the present shareholders acquired it in 2021. C&R says he had strong relationships with its customers, as...

7. [2022] NZEnvC 075 Otago Regional Council v Queenstown Lakes District Council [pdf, 27 MB]

   OTAGO REGIONAL COUNCIL V QUEENSTOWN LAKES DISTRICT COUNCIL – CONSENT ORDER IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2022] NZEnvC 75 IN THE MATTER of the Resource Management Act 1991 AND an appeal under s120 of the Act BETWEEN OTAGO REGIONAL COUNCIL (ENV-2021-CHC-070) Appellant AND QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Environment Judge J J M Hassan – sitting alone under s279 of the Act In Chambers at

8. Tucker & Ors as Trustees of the Ngahere Trust v Tucker [pdf, 256 KB]

   ...price was $480,000 and settlement date was 4 August 2000. [16] Pursuant to the terms of the Agreement, the First respondent warranted that the construction of the dwelling would comply with the provisions of the Building Act 1991. Pursuant to clause 6.2(5)(d) in particular, the First respondent warranted that all obligations imposed under the Building Act 1991 would be fully complied with “at the giving and taking of possession”. [17] The Agreement also contained a sp...

9. [2022] NZEnvC 091 Otago Regional Council [pdf, 528 KB]

   ...the PC1 proceedings under s274 of the Act relating to Chapter 7 participated in mediation and signed the mediation agreement resolving all submission points.2 Two s274 parties did not attend the 1 See Re Otago Regional Council [2021] NZEnvC 185 and Re Otago Regional Council [2022] NZEnvC 26 for the court’s decisions on the Chapter 6 provisions of PC1. 2 Big Stone Forests Ltd, Director-General of Conservation Tumuaki Ahurei; Dunedin City Council, Dunedin International Airport Ltd,...

10. [2022] NZEnvC 91 Otago Regional Council - Chapter 7 (Landfills) [pdf, 600 KB]

    ...the PC1 proceedings under s274 of the Act relating to Chapter 7 participated in mediation and signed the mediation agreement resolving all submission points.2 Two s274 parties did not attend the 1 See Re Otago Regional Council [2021] NZEnvC 185 and Re Otago Regional Council [2022] NZEnvC 26 for the court’s decisions on the Chapter 6 provisions of PC1. 2 Big Stone Forests Ltd, Director-General of Conservation Tumuaki Ahurei; Dunedin City Council, Dunedin International Airport Ltd,...