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1. [2020] NZEnvC 106 Rangitane o Tamaki Nui a rua v Manawatu Wanganui Regional Council [pdf, 9.1 MB]

   ...its voice is heard. It is critical to Kahungunu that its cultural concerns, and the significance they are given in the RMA and the One Plan, are appropriately considered, by the Court. 6. In addition, it is noted that the Court has specifically requested Kahungunu response to various matters as outlined in its minute of 9 April 2020. 7. Kahungunu does not consider that any party would be affected by it re-joining the appeals. It was involved in the process for an extensive time and...

2. Canterbury Westland Standards Committee 1 v Whitcombe [2019] NZLCDT 37 [pdf, 152 KB]

   ...2010 on the basis that he was acting for both vendor and purchaser. There was nothing written on the file that recorded terms of engagement or a client care commitment to either. Mr Whitcombe accepted:2 “(a) That he did not either obtain the informed consent or any waiver from either client to act in respect to the transaction; 2 As set out in submissions for the Standards Committee. 4 (b) There was no advice given to either c...

3. [2021] NZEnvC 182 Country Lifestyles Limited v Auckland Council [pdf, 221 KB]

   ...Date of Decision: 24 November 2021 Date of Issue: 24 November 2021 _________________________________________________________________ DECISION OF THE ENVIRONMENT COURT _________________________________________________________________ A: The request to issue witness summonses for Mr Hassall, Mr Rodie, Ms McCabe and Mr Ross is declined. REASONS Introduction [1] Country Lifestyles Limited (CLL) has appealed a decision of Auckland Council to dismiss an objection under s 357...

4. SN v VO Ltd [2021] NZDT 1679 (29 October 2021) [pdf, 231 KB]

   ...to reply to CAA’s questions. However, the CAA did not wish to hear from her. They wished to hear directly from KM. That could not have been anticipated by SN. 22. SN has recorded her hours spent on preparing for this T180 call and given the information required to be reviewed and preparation needed for such a call, I accept her recorded hours as an accurate reflection of her work. 23. SN carried out 20 hours of work for VO Ltd between 1 June 2021 and 12 July 2021. Is VO Lt...

5. [2022] NZIACDT 2 - TC v Registrar (11 February 2022) [pdf, 198 KB]

   ...who had mistreated and underpaid him. He had made a complaint to MBIE. In another email to the work visa officer on 20 September 2020, the appellant said he had been living in New Zealand for five years, but his status had become illegal. He requested the officer’s help to make the status of him and his family legal. [9] A residence visa officer wrote to the adviser and the appellant on 2 October 2020 inviting comments (by 16 October 2020) on two concerns regarding the reside...

6. [2023] NZEnvC 049 Bay of Islands Maritime Park Incorporated v Northland Regional Council [pdf, 467 KB]

   ...decision on its reasoning. The other relates to the finalisation of the wording and an issue in disagreement between the parties. Publication of the decision and evidence on the Council’s website Council have been subject to a number of requests for information on the background for the decision. The Council has therefore made an application to publish on its website the evidence produced in relation to Topic 14 Marine Protected Areas and the Court’s decision. It acknowle...

7. 2023-10-10-Rebuttal-Evidence-of-N-Keenan-Stormwater.pdf [pdf, 255 KB]

   ...stormwater management system will be developed through detailed design stage; with greater attention to water levels and pond shapes and integration with the whole-of- project design. The detailed design cannot be completed until earthworks landforms, landscaping and planting designs, shared user path alignments, stream diversion alignments, aesthetic and cultural items, etc. are similarly advanced as an integrated Project. 12. Condition RSW1 lists the design guidelines to be fo...

8. NQ & SS v QG & Ors [2024] NZDT 83 (9 January 2024) [pdf, 218 KB]

   ...compensation for that act must therefore fail. Was a misrepresentation made about the contribution to fencing? 22. The counterclaim by QG and NC seeks payment of a $1,500.00 contribution to fencing which they say was agreed by SS. NQ and SS offer two forms of defence to this claim: a. first, that if an agreement was made it should not be enforceable because QG and NC misrepresented the reasons they wanted a new fence; b. second, that if an agreement was made it was only ever a c...

9. 2024 NZPSPLA 005 pdf [pdf, 146 KB]

   ...Private Security Personnel and Private Investigators Act and other legal obligations. Security workers are frequently required to work cooperatively with police and police need to be able to rely on them to comply with their reasonable demands and requests. [35] During the incidents at Glendene Primary School and when stopped by police during the Auckland Level 4 lockdown Mr Simi contravened s 66 of the Act by refusing to provide the information requested. In relation to the Glende...

10. K Ltd v V Ltd [2023] NZDT 598 (27 November 2023) [pdf, 207 KB]

    ...regularly explained these clauses to their customers. 11. As the clauses outlined above were incorporated in the terms which were signed prior to the supply of the truck, and the truck was supplied on the basis of that contract, I find those clauses formed part of the contract between the parties. 12. In a commercial context, the general rule is that, in the absence of fraud or misrepresentation, a party is bound by a clause even if he or she has not read it. A signature conveys a