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1. [2019] NZEnvC170 Cable Bay Wines Limited and Motukaha Investments Limited v Auckland Council [pdf, 7.8 MB]

   ...OF THE ENVIRONMENT COURT ~ /4 /--=---~-:'.::•?~:, of building consents required and resolution of the dispute about ongoing (or not) ;• ~'.:~.~Jt~.:1;:~ 7i conditions attaching to the 2006 consent. The outcome of these matters to inform _J ·! , • 1 ... , ..-, ) .__ ' Ii ••• . • • t•·oli!. (_) ~ , .,.,,._ . -.-i ,J> b.(: ·s~.. t~ ~ _:_ __ <_}~~~ BAY WINES LIMITED & ORS v AUCKLAND COUNCIL fN\I \~'}, ,,1 Consent is indicated as possi...

2. [2020] NZEmpC 142 Kwik Kiwi Cars Ltd T/A Mark Cromie Motor Group v Crossley [pdf, 308 KB]

   ...relocate MCH’s authorised warrant of fitness status from Hannah Street to Port Road. This could not be obtained prior to the date of settlement. [12] Consequently, an immediate transfer of the MCH operation and amalgamation of the two businesses to form a new trading entity could not take place prior to the purchase. There would need to be an interim phase following settlement where the two businesses would continue to operate at their current locations before merging. Staff a...

3. LCRO 086/2017 AC v BD (15 November 2018) [pdf, 206 KB]

   ...Importantly, for the purposes of this review, the purchase agreement provided that from the settlement date the trust would lease the property back to the vendor for business purposes as a show home. [5] The lease, prepared on a commercial deed of lease form, was attached to the purchase agreement. The lease term (duration) was 30 months from 28 November 2014 with two rights of renewal of six months each from 28 May 2017 and 28 November 2017 respectively. The final expiry date w...

4. LCRO 23/2018 SB v ES (31 October 2019) [pdf, 129 KB]

   ...home to be owned on a tenants in common basis. (c) Mr and Mrs SB were provided with draft wills to peruse prior to execution. If those wills did not reflect their instructions, it could have been reasonably anticipated that they would have made requests for changes. (d) The 2010 will provided an accurate representation of the intentions of Mr and Mrs SB at the time instructions were provided to Mr ES. [12] Mrs SB responded to Mr ES’ submissions. It was argued that: (a) If it...

5. [2021] NZACC 67 - BH v ACC (27 April 2021) [pdf, 218 KB]

   ...September 2009. [17] An ACC claim form was completed on 10 November 2009. Referring to the injury of 24 November 2001, it noted: Hit over head with bar stool. Has had headaches since. [18] On 5 May 2011, consultant psychiatrist Dr Canton, requested an indefinite continuation of the appellant’s community compulsory treatment order. [19] In 2015 the appellant made an application to the Corporation for an independence allowance in respect of his head injury. However, th...

6. 1. JWS 1 - Primary Sector Part B - Animal Waste Storage 8-9 June 2021 [pdf, 405 KB]

   ...straw/sawdust and composting barns. 7. The technical witnesses agreed that there are differing risk profiles from different animal waste products – for example, liquid animal waste represents a higher risk than solid animal waste as the former is highly mobile and generally stored in greater volumes. 8. The focus of the witnesses turned to animal waste systems for the remainder of the conference because this is the focus of the rules in PC8 and the same systems may apply to

7. LCRO 125/2019 AB v CD and EF (3 June 2021) [pdf, 238 KB]

   ...submitted through his lawyers, thereby increasing his legal fees. Mr AB submits that it is at least arguable that Ms CD is in breach of r 10.1. Refusal to engage in discussions to release funds [21] Mr AB accuses Ms CD of persistent silence when requested to release the funds held by EFs on account of costs. Summary [22] Mr AB says that overall, Ms CD’s and Mr EF’s conduct is conduct that “falls short of the standard of competence and diligence that a member of the pub...

8. Blaikie v Lawless - Lake Taupo Forest Trust (2022) 450 Aotea MB 247 (450 AOT 247) [pdf, 333 KB]

   ...regard to the criticisms of the Trust, in not providing Mr Lawless with documents including the Trust’s legal advice, I do not need to determine the issues raised, save to say that the Court is always available to address applications for requests for information by beneficiaries, where such requests are rejected or not responded to by the trustees. Each application will be dealt with on its merits. [82] I do agree, to some extent, that the redacted minutes of trustee meeting...

9. [2022] NZEmpC 33 Capital and Coast District Health Board v Public Service Association, Te Pukenga Here Tikanga Mahi [pdf, 311 KB]

   ...[39] On 2 February 2022, the parties attended mediated bargaining, at which the PSA tabled a settlement proposal which included a number of “outstanding issues”. They have been described in the evidence of the parties in this way: (i) A request for a salary increase of $5,800 which matched that provided to nurses/midwives who had received $4,000 of that increase as a “pay equity adjustment”. (ii) A request for a lump sum payment of $7,600 of which $1,600 related to the...

10. [2021] NZACC 170 - Keys v ACC (5 November 2021) [pdf, 371 KB]

    ...appellant worked as a process operator at Fonterra, Takanini. She had worked in that role since 1994. [3] On 25 May 2016, the appellant consulted her GP, Dr Adams, who that day lodged a claim on her behalf with the respondent. The claim form noted the accident occurred on 19 May 2016 at 10.00 am while she was operating “micro 3” working on a machine. [4] The doctor recorded she was unable to continue normal work for seven days with the additional restrictions: Res...