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1. Drever v Accident Compensation Corporation (Weekly Compensation) [2023] NZACC 207 [pdf, 175 KB]

   ...earnings plus expenses of $80,000 for that tax year. [6] The Corporation obtained advice from a technical accounting advisor, Mr Jatesh Kanji, who could find no evidence of any income actually being paid to Mr Drever. Further information was requested from Mr Drever. [7] On 15 August 2022, Mr Drever responded in an email: Can you please explain to me why you are seeking information in regards to the company’s financial position profit/loss statements etc. This is possibly a bit...

2. [2020] NZEnvC 202 CEP Services Matauwhi Limited v Northland Regional Council [pdf, 336 KB]

   ...acceptable. Nevertheless, all parties seem to agree that reliance should not be put on this when the proposed Plan becomes operative. The Courts process of Appeals and Inquiries [16] The parties have engaged in an extensive period of mediation at their request with several extensions granted, again at the request of the parties. Matters have also been affected by the imposition of constraints at Level 4 and Level 3 of Covid-19 which has delayed some of the earlier hearings. Neverthe...

3. [2023] NZEnvC 205 Kelly v Nelson City Council [pdf, 5.5 MB]

   KELLY v NELSON CITY COUNCIL – CONSENT ORDER IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2023] NZEnvC 205 IN THE MATTER of the Resource Management Act 1991 AND an appeal under s120 of the Act BETWEEN LINDY KELLY (ENV-2022-CHC-60) Appellant AND NELSON CITY COUNCIL Respondent Environment Judge J J M Hassan – sitting alone under s279 of the Act In Chambers at Christchurch Date of Consent Order: 20 September 2023

4. [2017] NZEnvC 190 Hood v Dunedin City Council [pdf, 4.6 MB]

   ...the commencement of this consent, and maintained on an ongoing basis thereafter. [52] Ms Shipman recommends "tightening" (although as an effective rewrite). However, the Council also confirms that it does not oppose the applicants' request in closing that they be given the option of simply constructing a close-boarded 1.9m boundary fence. Our site visit revealed they have started on this, having dug post holes, put in a post or two, and strung out the line. The applic...

5. Oslo speech for IUCNAEL Colloquium June 2016 [pdf, 290 KB]

   ...rather than merits 5 Geotherm Group Limited Decisions A 47/06 and A151/06 (Environment Court) 6 The Logic of Liberty: Reflections and Rejoinders (Routledge and Kegan Paul, London 1951) 7 The forms and limits of adjudication (1978-1979) 92 Harvard L Rev353-1st written in 1957 and revised in 1959 and 1961 and published posthumously. 15 appeals, particularly in the UK where there is emphasis on administrative decision-making in...

6. [2021] NZREADT 8 - Complaints Assessment Committee 2001 v Sheldon (19 February 2021) [pdf, 198 KB]

   ...prospective purchasers as to the complainants’ price expectations, in breach of rr 9.1 and 9.4 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”); and [b] misled the complainants by providing false information regarding a prospective purchaser’s comments on the value of the property, in breach of r 6.4 of the Rules. [2] Mr Sheldon admits that he sent a text to prospective purchasers inviting expressions of interest in the propert...

7. [2024] NZEnvC 246 Noakes v Waikato District Council [pdf, 501 KB]

   ...under section 279(1) of the Act, such order being by consent, rather than representing a decision or determination on the merits. 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 particu...

8. LCRO 239/2017 AB v CD (3 July 2019) [pdf, 250 KB]

   ...with him “on a number of occasions”. 1 KL v [JJ] Holdings Ltd [2015] NZHC [xxxx]. 2 KL v [JJ] Holdings Ltd [2015] NZHC [xxxx] 3 KL v [JJ] Holdings Ltd, above n 1, at [28]. 3 [13] She requested “appropriate orders” against Mr CD and a review of the legal fees he charged her. (1) Instructions to present a counteroffer [14] Ms AB claimed that, having received the vendors’ 6 October 2015 offer to sell the property t...

9. [2018] NZSSAA 41 (14 August 2018) [pdf, 300 KB]

   ...granted NZS. She applied to include XXXX in her NZS entitlement as a non-qualifying spouse (NQS) because he did not meet the residency requirements to qualify for NZS in his own right. In February 2014, when XXXX completed a personal details form, she declared that her pension was RMB 570 per month, approximately NZD 26. The Ministry accepted her declaration and assessed the appellants’ income as being below the threshold for deduction. [5] The Ministry cannot locate its re...

10. Stewart v Manu Ariki Marae Reservation Trust - Manu Ariki Maori Reservation (2021) 436 Aotea MB 209 (436 AOT 209) [pdf, 501 KB]

    436 Aotea MB 209 I TE KOOTI WHENUA MĀORI O AOTEAROA I TE ROHE O AOTEA In the Māori Land Court of New Zealand Aotea District A20190004669 WĀHANGA Under Sections 67 and 240, Te Ture Whenua Māori Act 1993 MŌ TE TAKE In the matter of Manu Ariki Māori Reservation I WAENGA I A Between MARIE STEWART Te Kaitono Applicant ME And MANU ARIKI MARAE RESERVATION TRUST and TE KOTAHITANGA SOCIETY INCORPORATED Ngā Tangata Whaitake Interested Parti