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1. [2024] NZEnvC 268 Gisborne District Council v China Forestry Group New Zealand Company Limited [pdf, 184 KB]

   ...16 February 1995 at p 6. 5 Mana Taiao Tairāwhiti Incorporated [16] Mana Taiao Tairāwhiti Incorporated (MTT) is joined to the proceeding as an interested party under s 274 of the RMA. The Court received its response to the Council’s request via email on 27 September 2024. Counsel advised that MTT supports the Council’s request for leave to make an application for costs and, should the request be granted, seeks the equivalent opportunity and on the same timetable. [17]...

2. LC & SC v TB [2025] NZDT 83 (5 March 2025) [pdf, 187 KB]

   ...The consumer protection provided by legislation such as the Motor Vehicle Sales Act 2003, the Fair Trading Act 1986, and the Consumer Guarantees Act 1993 does not apply. 9. In a private sale, the seller does not have any legal duty to provide information about the goods, and there are no implied guarantees of quality or fitness for purpose. CI0301_CIV_DCDT_Order Page 2 of 3 10. The only arguable legal basis for the claim is misrepresentation. 11. A misrepresentation is...

3. [2017] NZEnvC 169 Ngai Te Hapu Incorporated v Bay of Plenty Regional Council [pdf, 11 MB]

   ...Notwithstanding a number of mediations after the decision , the parties have still not been able to finalise the conditions of consent. [3] The Applicant has filed its proposed conditions of consent. These are annexed as 1. They follow on from the form of consent generally approved by the Court and have addressed some of the concerns of the parties. There remain a number of concerns unresolved. The jurisdictional issues [4] In reading both the Applicant's submissions and the...

4. [2023] NZEnvC 097 Amisfield Environment Protection Group v Central Otago District Council [pdf, 21 MB]

   ...Environment Court, by consent, orders that (1) the appeal is allowed to the extent that the relevant resource consents, specifically RC200343, RM20.360.01 RM20.360.02, RM20.360.03, RM20.360.04, are amended as set out in Annexure A, attached to and forming part of this order; (2) the appeal is otherwise dismissed. B: Under s 285 of the Resource Management Act 1991, there is no order as to costs. REASONS Introduction [1] This proceeding concerns an appeal lodged by Nicola an...

5. OIA-120394.pdf [pdf, 12 MB]

   Justice Centre | 19 Aitken Street DX SX10088 | Wellington T 04 918 8800 | F 04 918 8820 ContactUs@justice.govt.nz | www.justice.govt.nz 8 May 2025 Ref: OIA 120394 Tēnā koe Official Information Act request: Northen Club incident December 2024 Thank you for your email of 13 March 2025, requesting information under the Official Information Act 1982, regarding Judge Ema Aitken and the incident at the Northen Club in December 2024. Specifically, you requested: Please pr...

6. [2006] NZEmpC AC 73/06 CE Bay of Plenty DHB v NZ PSA [pdf, 75 KB]

   ...contents in seeking solicitor/client costs against the PSA… [7] The letter was faxed to the defendant on the same day. [8] On 30 August 2004, 10.37am the Board’s solicitors received a copy of a letter the PSA had forwarded to the Authority, requesting an extension of time for filing and serving briefs of evidence, to Wednesday, 1 September 2004. At this time the Board had received no response from the PSA to its letter of 26 August. [9] By facsimile dated 30 Augus...

7. Te Ohu Kaimoana Trustee Ltd v Ngāti Maru (Taranaki) Fisheries Trust - Ngāti Maru (Taranaki) Fisheries Trust (2015) 341 Aotea MB 211 (341 AOT 211) [pdf, 254 KB]

   ...resident Judge for the Aotea District. 3 A teleconference was then held on 18 February 2015 with Mr Karipa and Ms Schmidt-McCleave, counsel for TOKM, to consider any relevant procedural directions. During the teleconference the issue of an informal request for recusal made by Mr Whareaitu was raised. [5] Shortly thereafter, directions were issued noting that in the absence of any formal request for recusal the proceedings would continue. 4 The application was then set down fo...

8. Weber v CAC 20002 & Penrose & Brown's Real Estate [2013] NZREADT 75 [pdf, 62 KB]

   ...clear that he wanted to know if his neighbour made an offer, because he felt the neighbour would be willing to pay a higher purchase price than any other buyer in order to avoid the property being subdivided. [5] While the appellant did not put this request in writing, he said he made abundantly clear to the licensee in a meeting at Brown's office in late July 2010 that $1.2 million was the minimum price expected from a purchaser "off the street" but that he expected the...

9. [2015] NZEmpC 90 Talbot v Air New Zealand Ltd [pdf, 250 KB]

   ...to notify a dispute in relation to the age-pairing issue (consistently with the procedure for notifying disputes set out in the agreement). Paragraph two advised that Mr Talbot may have a potential personal grievance. The concluding paragraph requested a meeting in accordance with section 6 of the collective agreement. [15] While the correspondence effectively put Air New Zealand on notice that Mr Talbot had issues with the approach being adopted by the company and that...

10. CS v HT and LM LCRO 25/2013, 50/2013 and 51/2013 (24 June 2014) [pdf, 181 KB]

    ...attendances to 31 August 2010 through Mr QA. At that stage Mr CS advised that he did not want to deal through Mr QA and that ABC firm should communicate directly with him. On 2 September 2010 Mrs LM sent the firm’s Terms of Engagement and client information to Mr CS. [10] Between August 2010 and May 2011 ABC firm rendered a further five accounts all of which were paid. At that stage costs totalled $28,709.60. [11] Mr CS then sent an email to Mrs LM4 in which he referred to his...