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1. Peter Thompson v Complaints Assessment Committee 413 & Ajay Rathod [2017] NZREADT 51 [pdf, 191 KB]

   ...very good friend” of Mr Thompson’s) without advising him, had not given him an opportunity to make a further offer, and had told Mr Smith that he wanted to withdraw his offer. He considered that he should be compensated for his solicitor’s fees. [12] Mr Thompson denied Mr Rathod’s complaints. He asserted that it was Mr Smith’s professional advisers who had advised him against accepting Mr Rathod’s offer. He went on to say: In every respect I was acting in a valuer/con...

2. 2021-04-12 - TAs - MOC re witness substitution + case [pdf, 550 KB]

   ...party. District Court Rules 10. Counsel considers that there are no rules of direct relevance in the District Court Rules. Rule 9.7(6) provides a process for the calling of a witness at late notice. But given that evidence has already been filed and what is proposed is a substitution of personnel to give the same evidence it does not address the specific circumstances in this instance. Conclusion 11. It is submitted that section 269 and 272 of the Resource Management Act...

3. [2020] NZEnvC 020 Whangarei District Council v Sustainable Solvents Group Limited [pdf, 730 KB]

   ...of the respondents; and ii) To clarify whether the orders sought were limited to maintaining the status quo and investigating the situation or went further in requiring immediate action to remedy the situation. [31] As a result, the Council filed an amended application in which some of the orders sought were limited to maintenance of the status quo. 1 Berhampore Residents Assn Inc v Wellington City Counc/1 (1992) 1 NZRMA 41; Gulf District Plan Assn Inc v Arraw Properties Ltd Decis...

4. [2020] NZEnvC 027 Lake Road Preservation Society Incorporated v Auckland Council [pdf, 3.6 MB]

   BEFORE THE ENVIRONMENT COURT AT AUCKLAND Decision No. [2020] NZEnvC 027 Hearing: Court: IN THE MATTER OF An application for enforcement orders under section 316 of the Resource Management Act 1991 ("the Act") and an appeal under section 121 of the Act BETWEEN LAKE ROAD PRESERVATION SOCIETY INCORPORATED (ENV-2017-AKL-000187) Applicant for enforcement orders AND LAKE ROAD QUARRY LIMITED and O'CALLAGHAN HOLDINGS LTD AND AND AND (ENV-2019-AKL-000169) A

5. LCRO 201/2021 DK obo The LK Estate v BY and FM (31 July 2023) [pdf, 305 KB]

   ...were referred to the [Z] Standards Committee (the [Z] Committee). After inquiring into the complaints, the [Z] Committee determined, in a single decision, to take no further action on them. That was in May 2016. 1 Lawyers Complaints Service file numbers 13875 and 13876. 2 [4] Mr DK did not apply for review of that determination. He was nevertheless dissatisfied with the outcome. In 2019, he brought a claim in the Disputes Tribunal against [Law firm A] as a firm.2 This...

6. Tonks v Stone [pdf, 105 KB]

   ...exclusions to the Plasterpride quotation will most likely result in cost 14 Claim 363:Determination to the Claimant as part of the repair costs but the Claimant has not claimed for an allowance for the exclusions or for any cost of professional fees, administration and supervision. I am reluctant to allow costs of repair that have not been claimed. There will be betterment as a result of carrying out the repair work. The issue of mitigation of loss has been raised but not bet...

7. IPT Annual Report 2012 [pdf, 648 KB]

   ...Timeliness The following chart shows the average length of time it took the Tribunal to issue decisions in each jurisdiction, calculated from the date an appeal was received to the date a decision was released. Note that the figures relate to files for which decisions were released in the relevant year; they do not include the age of files for which no decisions were released that year. Jurisdiction Number of days from receipt of appeal to release of decisio...

8. IAA v Sparks [2013] NZIACDT 5 (07 February 2013) [pdf, 170 KB]

   ...Sparks’ affidavit – earlier statements [58] Mr Sparks commented on his statements made to the Authority’s investigator. [59] He said the first telephone call was on 25 January 2011, and it was unexpected. He had not had time to check his file and answered as best he could. Further, he challenges the accuracy of the record in relation to meeting Mr OBC. Mr Sparks believes he said he could have met him, and he certainly did not intend to mislead the Authority. [60] His estimate...

9. [2022] NZEnvC 119 Mangawhai Harbour Restoration Society Inc v Northland Regional Council [pdf, 1.7 MB]

   ...Topic 9 Land use and disturbance activities of the Proposed Regional Plan for Northland (Proposed Plan). [2] The Court also made an interim decision on 3 June 2021 on the Topic 7 and 9 provisions that were heard in September 2020.1 The parties filed a memorandum outlining their final preferred provisions and reasons on 6 August 2021. The determination of the final provisions was pending the Court’s final decision, including the Court’s determination on the definition of “īnan...

10. Sexual-Violence-Bill-and-Govt-Response_FINAL.pdf [pdf, 1.7 MB]

    ...under the Criminal Procedure (Mentally Impaired Persons) Act 2003. 16. The Committee’s report notes that the petitioner considers that the current VIS system is unjust. The petitioner stated that “victims must be able to say exactly how they feel in their VISs and that editing VISs waters them down, silences victims, and minimises their pain and suffering”. The Committee’s report also notes that the Victims’ Rights Act focuses on serving the needs of the judge when sentencing o...