Search Results

1. 2017 NZEnvC-121 Auckland Council [pdf, 178 KB]

   ...respect of any potential appeals following the High Court's Judgment in Man 0' War. (a) Service of Notices of Appeal (i) A waiver in favour of appellants of the usual requirement in clause 14(5) of Schedule 1 to the RMA, regulation 13 and Form 6 of the Resource Management (Forms, Fees, and Procedure for Auckland Combined Plan) Regulations 2013 (the 2013 Regulations) to serve a copy of any Notice of Appeal on every person who made a submission on the provision or matter...

2. [2018] NZEnvC 177 Minister of Education v Auckland Council [pdf, 188 KB]

   ...parties to the Environment Court Direct Referral proceedings under section 274 when their submission is lodged with the Council2. (b) In consequence of (a) above, a waiver of the requirement to comply with the usual requirements of section 274 and Form 33. Specifically, the requirements to: (i) Lodge a signed original and one copy of any section 274 notice (or submission) with the Court. Instead, the Council is directed to provide to the Court a copy of all of the submissions lo...

3. NG v TF [2022] NZDT 18 (24 February 2022) [pdf, 195 KB]

   ...whether TF agree to pay for the cost to replace the glass and if she is liable to pay the amount claimed of $462.30? Did TF agree to pay for the cost to replace the glass? If so, is she liable to pay $462.30? 4. A legally binding contract is formed where both parties intend to contract on agreed terms. For a contract to be enforceable the terms of the contract need to be certain and clear. A contract does not have to be in writing for it to be enforceable. 5. NG said TF agreed...

4. 2021 June - Family Violence Provider Update [pdf, 123 KB]

   ...you to embed and become familiar with. We have developed a provider checklist covering the key changes to the contract for you to use. You aren’t required to use it and can amend it for your own agency if you wish. Code of Practice and FVPP forms new release Attached to this email is the updated Code of Practice to reflect the changes that come into effect on 1 July 2021. The key changes to the Code were outlined in the Final Contract Changes document sent to you in March, howe...

5. 2022 October FV Provider Update [pdf, 185 KB]

   ...for Safety programmes do not need to be disclosed to DVProgrammes. When completing an FV3A for a Safety Programme request, you do not need to provide an address if the client has asked for their details to remain confidential. Please complete the form with ‘confidential address’ and provide a general area/district. Firearms Prohibition Order The Firearms Prohibition Orders Legislation Act introduces a new type of court order which can be made at sentencing in the District and...

6. IC v GN [2020] NZDT 1512 (19 March 2020) [pdf, 149 KB]

   ...over the weekend to advise that she had recovered the vehicle. IC have no record of any such call having been received. [3] IC appointed an investigator to determine the validity of GN’s claim. SD refused to cooperate with the investigator. The information provided to the investigator by GN was contradictory. IC considered that the response of SD and GN to the investigation failed to satisfy the requirements of the insured under the policy document. In addition, IC was of the view that...

7. NM v BU Ltd [2021] NZDT 1580 (24 June 2021) [pdf, 210 KB]

   ...his claim. Having carefully considered all the issues I find that NM has not proven the tow fee should be refunded and therefore must dismiss his claim. Referee: P McKinstry Date: 24 June 2021 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a re...

8. ZI v DM [2023] NZDT 641 (14 November 2023) [pdf, 177 KB]

   ...which apply in these circumstances. 10. As the Tribunal does not have the jurisdiction to hear the applicant’s claim, it must be struck out. Referee: K. Armstrong Date: 14 November 2023 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a...

9. [2024] NZEnvC 062 Gisborne District Council v China Foresty Group New Zealand Company Limited [pdf, 267 KB]

   ...gives notice of a hearing, a judgment, an order, or a minute of the court, including any record of the reasons given by a judicial officer. [8] However, access to pleadings and evidence are governed by Rules 11 to 14. Rule 11 enables a written request for access to be made. Rule 11 has several procedural requirements, including that the applicant must detail the documents sought and the reasons and purpose for doing so. [9] Once the parties to the proceeding have been provided th...

10. GT & AI v F Ltd [2023] NZDT 537 (2 October 2023) [pdf, 97 KB]

    ...land clearance, mulching, grassing or removal of soil. Was it an express or implied term of contract that the section would be mulched and grassed? 7. An express term of contract is one that has been stated before or at the time the contract is formed. An implied term is one that is so obvious it goes without saying. 8. There is no express term in the Sale and Purchase Agreement which requires the vendor to mulch and grass the section. 9. I find no implied term of contract tha...