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  1. ENV-2016-AKL-000199 Self Family Trust v Auckland Council [pdf, 856 KB]

    ...Manukau City Council A91/2002 and Gavin H Wallace Ltd and Others v Auckland Council [2012] NZEnvC 120, both of which were known to staff (but both of which had been decided against Council). (3) The decision was based on incomplete and inaccurate information and reached through a flawed process which constituted a denial of natural justice. In particular, and without derogating from the generality of the above: Process Issues - Section 290A RMA (4) The submitter was given no r...

  2. BORA Limited Partnerships Bill [pdf, 316 KB]

    ...venture capital industry in New Zealand. 5. The Bill seeks to achieve this purpose by repealing the special partnership provisions of the Partnership Act 1908, regulating limited partnerships consistently with international norms and providing a form of legal and tax structure that is recognised and accepted by investors. BILL OF RIGHTS ACT ISSUES Section 14: Freedom of Expression 6. Section 14 of the Bill of Rights Act provides: "Everyone has the right to free...

  3. [2020] NZEnvC 135 Thi Lan Anh Tran trading as Hanoi Vietnam Cafe v City Rail Link Limited [pdf, 194 KB]

    ...Tran v City Rail Link Ltd [2020] NZEnvC 118. ,• .c. ) .J i .. :< '\ -~ . 0 -·--· __.,,,,, 3 "jurisdiction shopping" whereby parties endeavour to choose Judges to hear cases. [6] On 12 August 2020 Ms Tran repeated her request that her application be transferred to me. On 14 August 2020 a registry officer replied, advising Ms Tran that: (a) the Court had made its decision on her application; (b) it was pointless continuing to file and re-file it; (c)...

  4. KC v UD [2021] NZDT 1556 (8 September 2021) [pdf, 158 KB]

    ...which he advised that the finance was conditional on a WOF, the communications thereafter were between KC, the broker and the finance company. UD say that his text reply to KC on or about 9 July 2021 was on the basis that KC had supplied all of the information required by [the broker] and [the financier]. 13. I find that it is more likely than not that finance was not approved for the following reasons: (a) UD says it was not approved. (b) There is an email from UD to KC dated 25 Ju...

  5. JT & JB Ltd v SN [2021] NZDT 1582 (16 July 2021) [pdf, 197 KB]

    ...is to pay $5,806.50 to JB Limited by 7 August 2021 or by payments if JB Limited agrees. Background 1. On 21 February 2021 JT was driving his Lexus taxi in Ghuznee Street. Just before Ghuznee Street meets Taranaki Street, Ghuznee Street forms into two lanes in the same direction. Painted on the road in the left lane there is a left turn only arrow and in the right lane, a right turn only arrow. JT was driving a passenger to Newtown. Vehicles travelling to Newtown would exp...

  6. QL v OQ [2021] NZDT 1664 (22 June 2021) [pdf, 116 KB]

    ...termination? b. Did OQ unlawfully terminate the agreement? c. If so, is QL entitled to $3,574.50 as claimed, or any other sum? What terms were agreed regarding termination? 5. The relevant law is contract law. A legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. The terms of a contract are formed at the beginning, not at the end, and what was agreed is looked at objectively, i.e., by looking...

  7. FC Ltd v TN & JM [2021] NZDT 1626 (10 August 2021) [pdf, 188 KB]

    ...& JM and HN at the property. EL said that HN had told him that his parents wanted a complete modernisation of the flat. EL said that TN & JM had said that their budget was in the vicinity of $100,000.00 for the work. He also said that he had informed HN that FC LTD charged 2% of the sum that would be provided to TN & JM as a quote. If the quote were to be accepted by TN & JM, that figure would be absorbed into the total contract price, but if the quote were not accepted, it...

  8. NX & PX v Airline X [2022] NZDT 181 (28 September 2022) [pdf, 214 KB]

    ...flight from [City C] to [City E] on 23 May 2022. 9. There was no attendance at the hearing by or on behalf of [Airline X]. [Airline X] had emailed the Tribunal the day before the scheduled hearing seeking an adjournment of the hearing. Further information was requested by the Tribunal regarding the reasons for the adjournment and that CI0301_CIV_DCDT_Order Page 2 of 5 information was not provided prior to the hearing. The adjournment request was refused and all parties were adv...

  9. OIA-98202-response.pdf [pdf, 927 KB]

    Justice Centre | 19 Aitken Street DX SX10088 | Wellington T 04 918 8800 | F 04 918 8820 contactus@justice.govt.nz | www.justice.govt.nz 1 September 2022 fyi-request-20154-ca972c5e@requests.fyi.org.nz Our ref: OIA 98202 Tēnā koe Official Information Act request: Board appointees information Thank you for your email of 6 August 2022, (received by the Ministry of Justice on 8 August 2022), requesting, under the Official Information Act 1982 (the Act), names...

  10. BK & DU Ltd & WL v UX Ltd [2021] NZDT 1663 (8 July 2021) [pdf, 220 KB]

    ...it about bright-line tax prior to the purchase taking place and because he didn’t the trust had to pay tax it was not expecting to pay. Mr X does not accept any liability for the claim based on the terms of engagement and client care service information addressed to the trust dated 25 October 2017 (“terms of engagement”). 2. The trust is claiming $29,996.40 made up as follows: (a) Amount of reassessed bright-line tax payable to the IRD: $19,383.00 (b) Legal fees – [red...