Search Results

1. [2018] NZEnvC 082 The LM Painton Trust v Auckland Council & Auckland Transport [pdf, 2.1 MB]

   ...spaces. The application for resource consent included the extra 37 spaces created as part of that development. [2] The consent decision was appealed. To date, those spaces have not been able to be used due to this appeal, although they have been formed . The key issue raised in the appeal relates to traffic effects. Background [3] Section 116 of the Act gives the Court a broad discretion as to commencement of a consent, even where an appeal is filed . [4] The application here is...

2. [2018] NZEnvC 204 East Harbour Environmental Association Incorporated v Hutt City Council [pdf, 408 KB]

   ...HCC's response to the matters raised in submissions to those submitters, all parties to the appeal by EHEA and to the Court no later than 30 working days after the submission period has ended. (g) The Environment Court will then use this information to determine the process that will follow, including in respect of representation at proceedings under s 274 of the RMA. (h) Once the summary of submissions and responses has been filed a pre­ hearing conference will be convened,...

3. ZD v K Ltd [2021] NZDT 1611 (10 August 2021) [pdf, 181 KB]

   ...was refundable. Was K Ltd entitled to cancel the contract and retain the deposit paid? 8. A party who has entered into a contract with another party, may cancel the agreement if the other party makes it clear that it does not intend to perform or complete the performance of obligations under the contract (section 33, Contract and Commercial Law Act 2017 (CCLA)). If a contract is unlawfully cancelled, then in some instances the Tribunal may order a refund of some or all the mon...

4. ZC v NU Ltd [2018] NZDT 1481 (2 August 2018) [pdf, 195 KB]

   ...consumer, there is a guarantee that the service will be carried out with reasonable care and skill. Section 29 of the CGA provides that services must be reasonably fit for any purpose the consumer makes known to the supplier before the contract is formed, unless the circumstances show that the consumer does not rely on the supplier's skill or judgment, or it would be unreasonable for the consumer to do so. 5. Provision of a tailoring service first involves ascertaining what the cust...

5. [2021] NZEnvC 138 Upper Clutha Environmental Society Incorporated v Queenstown Lakes District Council [pdf, 147 KB]

   ...Topic 2: Rural Landscapes Residual Chapter 3 draft issues – SO 3.2.5.4 and SO 3.2.5.7 & Clutha River/Mata Au ONF s293 process Decision 2.10 _______________________________________________________________ A: QLDC is directed to make the requested refinements to the drafting of SO 3.2.5.4 and SO 3.2.5.7, subject to our minor further refinement to SO 3.2.5.4.b. B: Our directions in A and B(i) and [53](c) and (e) of decision [2021] NZEnvC 124 (Decision 2.9) are amended to...

6. TQ v LX [2021] NZDT 1421 (1 April 2021) [pdf, 146 KB]

   ...These costs must be reasonable, foreseeable, established and consistent with the damage caused. 8. TQ provided evidence to the Tribunal of the veterinary costs for B’s care that she claimed she has incurred as a result of N attacking B in the form of itemised invoices. These costs amount to $14,335.57. 9. TQ also provided evidence from one of the veterinarians who treated B that B had no pre- existing conditions that complicated the treatment he received as a result of the attack...

7. 4 July 2022 Remediation (NZ) Limited v Taranaki Regional Council [pdf, 160 KB]

   ...after that; or • For all other applications, the first half-day is free. After the first half-day there will be a $350 fee for each half-day or part half-day after that. The fees must be pre-paid in accordance with the Resource Management (Forms, Fees and Procedure) Regulations 2003. The time allocated by the Court provides an indication of your potential liability for Court hearing fees in this case. 2 PROCEDURES At the start of the hearing, the Court will consider any r...

8. Going through the Family Court to work out parenting arrangements Info Booklet MOJ0510 [pdf, 430 KB]

   ...people involved • there is risk of serious injury or undue hardship to you, a child or other people involved, or • the child is being taken out of Aotearoa New Zealand without permission. To apply, you’ll need to complete an application form for a `Parenting Order’ or ‘Order to Settle a Dispute Between Guardians’ and tick `Without Notice.’ You may want to talk to a lawyer before making an urgent application. After you apply, the Family Court will contact you by the n...

9. IU & TM v YZ [2022] NZDT 175 (21 September 2022) [pdf, 109 KB]

   ...of any negligence or damage to property on the part of the respondent. I therefore need to assess whether there is an agreement between the parties. CI0301_CIV_DCDT_Order Page 2 of 3 7. The relevant law is the law of contract. A contract is formed when both parties decide to exchange something of value. In order to be bound by a contract, both parties must be certain about the essential terms of the contract. The law of contract recognises and enforces verbal contracts, where the...

10. [2023] NZEnvC 006 Crafar v Taupo District Council [pdf, 267 KB]

    ...or postpone payment of fee (1) A person may apply to the Registrar for a waiver, reduction, or postponement of the payment to the court of any fee prescribed by regulations made under this Act. (2) The application must be made in the prescribed form (if any). (3) The Registrar may waive, reduce, or postpone the payment of the fee only if the Registrar is satisfied, after applying any prescribed criteria, that— 3 (a) the person responsible for paying the fee is unable to pa...