Search Results

1. [2021] NZEnvC 154 - Upper Clutha Environmental Society Incorporated & Others v Queenstown Lakes District Council [pdf, 457 KB]

   ...Court wish to review that documentation); and (ii) affidavit evidence in response to any evidence filed, which supports any modified recommendations for the proposed policy alteration (if any). Court’s determination d. On receipt of all of the information listed under (b) and (c), the Court will consider the material filed by the parties and issue further directions as to the next steps, including whether the Court wishes to hear further from any party, or whether a determination on the...

2. DQ Ltd v SM Ltd [2022] NZDT 6 (18 November 2021) [pdf, 199 KB]

   ...determining the claim. However, that does not mean that the respondent is free to initiate new legal proceedings to recover this amount before seeking clarification or attempting to overturn the Tribunal order. [16] The title search fees clearly formed part of the application before the Tribunal. The Tribunal order of 25 June 2020 finally determined the application as filed on 23 December 2020 unless parts of the application are specifically excluded in the Tribunal order. An example of w...

3. O'Neill v Accident Compensation Corporation (Leave to appeal) [2023] NZACC 001 [pdf, 201 KB]

   ...case, the correspondence revealed that the Corporation had made no decisions which attracted review rights under section 134 of the Act. The Corporation’s correspondence with Mr O’Neill was advisory in nature. At no time had the Corporation formed a view on, or made a decision about, the merits of any claim Mr O’Neill may have made. Judge McGuire further noted: (a) The 23 August 2019 letter advised Mr O’Neill that the Corporation had previously advised him what he neede...

4. [2022] NZEnvC 248 Greenacres Waiheke Limited v Auckland Council [pdf, 196 KB]

   ...Condition (b)(v) in December 2022. Stay Condition (c) (a) The respondent continues to process the appellant’s resource consent application, but a decision on notification has not been made yet. (b) The appellant provided responses to a series of requests for further information on 5 and 26 August 2022. (c) Requests for additional further information have since been made on 5 2 September 2022, with responses provided on 17 October 2022. (d) On 8 November 2022, the responden...

5. [2022] NZEnvC 216 Jones v Waikato District Council [pdf, 524 KB]

   ...279(1) of the Act, such order being by consent, rather than representing a decision or determination on the merits pursuant to s 297. The Court understands for present purposes that: (a) all parties to the proceedings have executed the memorandum requesting this order; and (b) all parties are satisfied that all matters proposed for the court’s endorsement fall within the Court’s jurisdiction and conform to the relevant requirements and objectives of the Act including, in p...

6. [2022] NZEnvC 217 Chorus New Zealand Limited v Waikato District Council [pdf, 415 KB]

   ...relocation of existing antennas more easily understood. [8] No person has given notice of an intention to become a party under s 274 of the Act. [9] The Court understands that: (a) All parties to the proceedings have executed the memorandum requesting this order; and (b) All parties are satisfied that all matters proposed for the Court’s endorsement fall within the Court’s jurisdiction, and conform to the relevant requirements and objectives of the Act, including in

7. [2022] NZEmpC 128 Straayer v Employment Relations Authority [pdf, 243 KB]

   ...that of legal professional privilege. This term encapsulates solicitor client privilege, which is described in s 54 of the Evidence Act 2006 (the EA). It relevantly states: 54 Privilege for communications with legal advisers (1) A person who requests or obtains professional legal services from a legal adviser has a privilege in respect of any communication between the person and the legal adviser if the communication was— (a) intended to be confidential; and (b) made in the...

8. Terms of Reference: Independent electoral law review [pdf, 104 KB]

   ...primary advisor, the Ministry will support the panel by providing timely advice and information to the panel and secretariat as needed. 38 Limited funding will be made available if the panel requires to commission specific research or analysis. Requests will need to be made to the secretariat manager. 39 The panel may also request advice and information from the Electoral Commission on matters that fall within the Commission’s expertise. Information requests and confidentiali...

9. LG v OE [2023] NZDT 48 (30 January 2023) [pdf, 199 KB]

   ...was not of acceptable quality. I say that because LG was told that the parts had all been replaced with brand new parts, and that OE would provide a full cover 3-month warranty for everything. Those things tend to suggest that the spa pool would perform at a higher level than a second-hand spa pool which had not been reconditioned, which would include the absence of a persistent leak. If not, was it remedied within a reasonable time? 12. Section 18 of the CGA states that where goods...

10. P Ltd v W Ltd [2024] NZDT 16 (17 January 2024) [pdf, 254 KB]

    ...settling in light winds or still air, as was the case here, would not have caused damage. 22. P Ltd’s claim is not proven and must be dismissed. Referee: C D Boys Date: 17 January 2023 Page 5 of 5 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 fo...