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1. Juan v Ramos [2016] NZIACDT 3 (14 January 2016) [pdf, 129 KB]

   ...financial penalty to denounce the matters giving rise to the complaint. I give Ms Ramos the benefit of recognising the grounds for complaint were not due to her wilful defiance of professional obligations, rather she erroneously believed she could perform pro bono work under a different service delivery paradigm. Ms Ramos has already had a financial penalty of $4,000 imposed on the Saul complaint, given the additional training requirement, my view is that a total penalty of $5,000 across...

2. ENVC Hearing 6Oct14 DM expert Hans-Dieter Bader [pdf, 762 KB]

   BEFORE THE ENVIRONMENT COURT IN THE MATTER of a notice of motion under section 87G of the Resource Management Act 1991 (Act) requesting the granting of resource consents to Waiheke Marinas Limited to establish and operate a marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf ENV-2013-AKL-000174 STATEMENT OF EVIDENCE OF HANS-DIETER BADER (ARCHAEOLOGY) ON BEHALF OF DIRECTION MATIATIA INCORPORATED AND OTHERS 25 July 2014...

3. CAC 20006 v England [2013] NZREADT 97 [pdf, 82 KB]

   ...terms of water tightness if maintained in current condition and from inspection that can only be considered to be very good.” 6. However, Mr England did not mention or provide Mr Hamid with a copy of a prior inspection report that Mr England had requested and obtained from NZ Inspection Services Limited in September 2004. That report had identified moisture readings at the property that were higher than the accepted standard building code, and had recommended that specific remedial...

4. [2015] NZEmpC 45 Bracewell v Richmond Services Ltd [pdf, 88 KB]

   ...parties. Secondly, it is asserted that errors were made in my substantive judgment such that it is now inappropriate for me to hear the application for rehearing, or if granted, the rehearing itself. [5] For Richmond it is submitted that this request has to be considered in light of the dicta of the Supreme Court in Saxmere Company Ltd v New Zealand Wool Board Disestablishment Company Ltd; 4 it is further submitted that having regard to the principles of that case, there is no co...

5. AFF v ZUP [2013] NZDT 350 (19 November 2013) [pdf, 65 KB]

   ...it being masked at low speeds around town. Nevertheless, the existence of the fault establishes that the statement that the car was in excellent condition was regrettably not correct. Did that misrepresentation induce the purchase? [15] Upon request, ZUP arranged for AFF and her husband to obtain a mechanical check on the car from [a car mechanic]. The garage picked up one or two minor issues, but not the transmission fault. It is not clear whether the garage’s brief included g...

6. ADU v ZWG Ltd [2013] NZDT 223 (7 June 2013) [pdf, 63 KB]

   ...the hirer or any driver named in the Agreement. [10] There are also Conditions of Campervan Hire set out on ZWG Ltd’s website. A copy of these conditions was given to ADU prior to the hire and it is agreed that these conditions also form part of the hire. The relevant section is headed “Mechanical Failure” wherein it states that damage to the clutch due to false handling of the campervan is to be paid by the customer. [11] It seems to me that repairing a failed c...

7. Wetini v Hunia - Matatā Parish 39A4 (2011) 38 Waiariki MB 244 (38 WAR 244) [pdf, 77 KB]

   ...directed to attend to the engagement of Mr McKechnie and his instructing solicitors, McKechnie Quirke and Lewis, of Rotorua as soon as possible. The issue of counsel had been discussed with the trustees through the case manager and their first request was Mr Armstrong of Aurere Law but he had to decline due to a conflict of interest. 38 Waiariki MB 247 Trustee relationships [13] Then there is the issue of the relationships between the current trustees and, as the transcrip...

8. ENVC Hearing 27Jul15 WML suppl rebuttal David Mitchell [pdf, 54 KB]

   Before the Environment Court at Auckland ENV-2013-AKL-000174 In the Matter of the Resource Management Act 1991 And In the Matter of Notice of Motion under Section 87G requesting the granting of resource consents to Waiheke Marinas Limited to establish a Marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf Supplementary Rebuttal evidence of DAVID FORRESTER MITCHELL on behalf of Waiheke Marinas Ltd Dated 13 July 2015

9. ENVC Hearing 27Jul15 DM suppl evidence Christine Gisby [pdf, 87 KB]

   BEFORE THE ENVIRONMENT COURT IN THE MATTER of a notice of motion under section 87G of the Resource Management Act 1991 (Act) requesting the granting of resource consents to Waiheke Marinas Limited to establish and operate a marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf ENV-2013-AKL-000174 STATEMENT OF LAY EVIDENCE OF CHRISTINE GISBY (PARKING CONGESTION AND TOURISM) ON BEHALF OF DIRECTION MATIATIA INCORPORATED AND OTHERS 6...

10. Koopu v Trustees of Maraenui A2 Ahu Whenua Trust – Maraenui A2 (2013) 69 Waiariki MB 115 (69 WAR 115) [pdf, 141 KB]

    ...beginning of these proceedings, always sought an urgent resolution of the dispute with the trustees and that it has been the respondents that have forced the issues to Court. Copies of correspondence between the parties, in which the applicant requested to have the matter resolved outside of Court, were produced with legal submissions. [14] Mr Peterson acknowledged that in cases for relief against forfeiture, the Courts in granting such relief are granting an indulgence and, theref...