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1. [2023] NZEnvC 198 Stilwell v Opotiki District Council [pdf, 8.3 MB]

   G & S Stilwell v Ōpōtiki District Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2023] NZEnvC IN THE MATTER OF an appeal under section 120 of the Resource Management Act 1991 BETWEEN G & S STILWELL (ENV-2022-AKL-000212) Appellants AND ŌPŌTIKI DISTRICT COUNCIL Respondent Court: Chief Environment Court Judge D A Kirkpatrick sitting alone under s 279 of the Act Last case event: 6 September 2023 Date o

2. Ministry of Justice consultation paper on Phase Two of the AML/CFT Act [pdf, 317 KB]

   ...financial institutions involved in conducting transactions, so a legal professional may be better placed to identify suspicious financial activity. NOTE: we do not propose including transactions that are solely for the purpose of paying professional fees or invoices. Also, there is no intention to capture activities of businesses’ in-house lawyers, as they do not provide services to external clients. Legal professional privilege We also seek your specific feedback about AML/CFT...

3. CAC20005 v Morton-Jones [2015] NZREADT 49 [pdf, 235 KB]

   ...the agency to Mr Poynter’s family trust on 24 December 2012. At this stage, Mr Poynter remarks that he and his wife had been foolish not to have checked the rental payment position monthly. The Proposed Witness Ms D Leef [41] The prosecution filed a brief from a Ms D Leef who had worked in property management for the agency over 1997 to 2009 and, in 2010, worked for Alan Stuart Motors Ltd in a role unconnected with property management until October 2010. Then she joined Global Rent...

4. Crosswell v Auckland City Council [pdf, 92 KB]

   ...evidence of moisture ingress occurring at: (a) The entry to the lower level stairwell; (b) The garage wall; (c) The wall beside the windows in the lower lounge; and (d) The lining of the rear wall of bedroom four. [5] The Trust immediately filed a claim with the Weathertight Homes Resolution Service (“WHRS”) under the Weathertight Homes Resolution Services Act 2002. In October 2006, the claimants engaged Pacific Environment NZ Limited (“Pacific Environments”) to...

5. [2019] NZEmpC 98 Noble v Ballooning Canterbury.com Ltd [pdf, 565 KB]

   ROBERT NOBLE v BALLOONING CANTERBURY.COM LIMITED [2019] NZEmpC 98 [19 August 2019] IN THE EMPLOYMENT COURT OF NEW ZEALAND CHRISTCHURCH I TE KŌTI TAKE MAHI O AOTEAROA ŌTAUTAHI [2019] NZEmpC 98 EMPC 85/2018 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN ROBERT NOBLE Plaintiff AND BALLOONING CANTERBURY.COM LIMITED Defendant Hearing: 15 and 16 April 2019 (Heard in Ch

6. [2015] NZEmpC 189 Kirby v The NZ China Friendship Society [pdf, 173 KB]

   ...Zealand associates. The Society has a broad range of objectives, including the commemoration of the legacy in China of some of its founders, particularly that of Mr Alley. The Court was advised that no member of the organisation receives payment or fees for the performance of their duties, nor is any person paid by the Society for carrying out activities on its behalf. [23] The Society has a longstanding relationship with SBS, demonstrated by the fact that executive members of th...

7. [2020] NZEnvC 006 Antoun v Hutt City Council [pdf, 3.1 MB]

   ...Appellant S F Quinn and Ms C Wills for Respondent Date of Decision: 31 January 2020 Date of Issue: 31 January 2020 DECISION OF THE ENVIRONMENT COURT A: Appeal upheld B: No reservation of costs REASONS Introduction [1] Fadi Antoun has filed in the Court: • An appeal pursuant to s 325(2) Resource Management Act 1991 (RMA/the Act) against an abatement notice issued to him by Hutt City Council (the Council) on 16 July 2019 (the abatement notice); 2 • An application...

8. LCRO 18/2021 MB v RP and ND (14 October 2022) [pdf, 265 KB]

   ...and (b) consulted with the beneficiaries, including Mrs HB, before they decided “it was appropriate for the trust” to sell its share of the property and invest the proceeds in an alternative investment. Application for review [24] Mr MB filed an application for review on 25 January 2021. 5 (1) Conflict of duties [25] He says there is no evidence to support the Committee’s conclusion that (a) Mrs HB’s interest as the owner of a one half share in the property, and...

9. LS v TD LCRO 298/2012 (10 December 2014) [pdf, 82 KB]

   ...them as if they were trustees. This included preparation of documents in which they were referred to as trustees of the Trust. It was not until some two years later when Mrs LS sought information from the IRD in relation to a tax return to be filed for the Trust that she learned that she had not been appointed a trustee. [8] Mrs LS first complained about Mr TD in 2010. Amongst other matters, she complained she had not been appointed a trustee of the Trust in accordance with her...

10. Vining Realty Group Limited v The Real Estate Agents Authority (CAC 408) [2017] NZREADT 57 [pdf, 209 KB]

    ...Agency is obliged under the Act to provide adequate supervision and to have systems in place to ensure a consumer is not placed in the position [the vendors] have found themselves in. [59] The Committee censured the Agency, ordered it to refund fees charged for advertising the property, and ordered it pay a fine of $8,000. Submissions [60] Mr Waymouth submitted that the penalty imposed was grossly disproportionate to the high standards, processes, and practices of the Agency, whic...