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1. CAC402 v Dunham [2016] NZREADT 26 [pdf, 248 KB]

   ...MATTER OF charges laid under s 91 of the Real Estate Agents Act 2008 BETWEEN COMPLAINTS ASSESSMENT COMMITTEE (per CAC 402) Prosecutor AND MS TANYA DUNHAM of Tauranga, Real Estate Salesperson Defendant MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Mr G Denley - Member Ms N Dangen - Member HEARD at TAURANGA on 3 December 2015 (with subsequent series of typewritten submissions) DATE OF THIS DECISION 24 March 2016 COUNSEL Ms C P Paterson, for the p...

2. Theobald v Coulter [pdf, 170 KB]

   ...concerning jurisdiction as it has been held on appeal from other WHRS determinations that adjudicators have the power and jurisdiction to make awards of general damages – Waitakere City Council v Smith, Auckland District Court, CIV 2004- 090-1757, Judge McElrea, 28 January 2005; Young & Porirua City Council v McQuade, Porirua District Court, CIV 2003-99-392/2004, Judge Barber, 3 March 2005. 7.8 I would refer to awards for general damages that have been made by adjudicato...

3. Borst v ACC [2014] NZACA 8 [pdf, 232 KB]

   BEFORE THE ACCIDENT COMPENSATION APPEAL AUTHORITY AT WELLINGTON [2014] NZACA 8 ACA 11/13 IN THE MATTER of the Accident Compensation Act 1982 AND IN THE MATTER of an appeal pursuant to s.107 of the Act BETWEEN NOEL BORST Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent HEARING: 4 December 2013 at Auckland Supplementary submissions and evidence filed in March 2014 AUTHORITY: Robyn Bedford COUNSEL: Mr Darke, advoca

4. [2020] NZEnvC 170 Smith v Young.pdf [pdf, 7.8 MB]

   ...SMITH (ENV-2018-CHC-191) Applicants KARL & GINA YOUNG First Respondents an appeal under section 120 of the Act MICHAEL & EMILY SMITH (ENV-2018-CHC-197) Appellants NELSON CITY COUNCIL Second Respondent Court: Environment Judge J J M Hassan Environment Commissioner M C G Mabin Hearing: In Chambers at Christchurch Date of Decision: 7 October 2020 Date of Issue: 7 October 2020 ENFORCEMENT ORDERS (BY CONSENT) A: Under sections 314 and 319 of the Resource Mana...

5. [2017] NZEnvC 120 Housing New Zealand Corporation v Auckland Council [pdf, 1.4 MB]

   BEFORE THE ENVIRONMENT COURT IN THE MATTER BETWEEN AND Court: Environment Judge C J Thompson Decision No: [2017] NZEnvC 120 of an appeal under the Resource Management Act 1991 and the Local Government (Auckland Transitional Provisions) Act 2010 HOUSING NEW ZEALAND CORPORATION (ENV-2016-AKL-0000238) Appellant AUCKLAND COUNCIL Respondent Environment Commissioner K A Edmonds Deputy Environment Commissioner R M Bartlett Hearing: at Auckland 27 and 28 June 2017. Site vi...

6. LCRO 156/2016 KZ v XL on behalf of [Company A] (18 January 2019) [pdf, 320 KB]

   ...done”. [91] Mr YV submitted that the judgements made by Ms KZ, which underscored her advice to [Company A], were made in the heat of litigation, in good faith, and with an acceptable level of skill and care. He said that Ms KZ’s conduct had to be judged according to what confronted her at the time, and that the Committee had failed to do so, instead imposing its retrospective judgement. [92] He submitted that it would not have been competent conduct for Ms KZ to simply acquie...

7. [2018] NZEnvC 217 Dixon v Invercargill City Council [pdf, 702 KB]

   ...BETWEEN THOMAS ANDREW DIXON, DOUGLAS STANLEY MUNRO AND R MUNRO, JOHN DAVID SCOTT AND OAKLAND FAMILY TRUST (ENV-2016-CHC-097) GREGORY SIMMONS (ENV-2016-CHC-101) Appellants AND INVERCARGILL CITY COUNCIL Respondent Court: Environment Judge J R Jackson Environment Commissioner K A Edmonds Hearing: at Invercargill on 6 August 2018 Appearances: R Chapman for the appellants M Morris for Invercargill City Council W & J A Devine in person (s 274 party) Date of Decis...

8. [2018] NZEnvC 221 Giles v Auckland Council [pdf, 8.8 MB]

   ...INTHEMATIER AND BETWEEN AND Decision No. [2018] NZEnvC 1. 2.. ( of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act GILES & THIRD (ENV-2017-AKL-118) Appellant AUCKLAND COUNCIL Respondent Environment Judge JA Smith sitting alone pursuant to s 279 of the Act On the papers at Auckland Date of Decision: 'i 5 NOV 2il18 Date of Issue: DETERMINATION OF THE ENVIRONMENT COURT A: At the parties' joint request, and by consent, the C...

9. [2020] NZEnvC 205 Todd v Queenstown Lakes District Council [pdf, 3.3 MB]

   ...(ENV-2019-CHC-108) MICHAEL CAMERON BRIAL AND EMILY JANE O'NEIL BRIAL (ENV-2019-CHC-114) Appellants QUEENSTOWN LAKES DISTRICT COUNCIL Respondent S AND S BLACKLER, B AND K BLACKLER AND TRUSTEES BFT LIMITED Applicant Court: Environment Judge J J M Hassan Environment Commissioner M C G Mabin Hearing: at Queenstown on 2 June 2020 Appearances: G M Todd and BB Gresson for G Todd, J Todd and J Troon J M G Leckie for M & E Brial Z T Burton for the respondent P E M Wa...

10. [2020] NZEnvC 103 Taranaki Energy Watch Inc v South Taranaki District Council [pdf, 1.2 MB]

    ...[2020] NZEnvC 103 of the Resource Management Act 1991 of an appeal under clause 14 of the First Schedule of the Act TARANAKI ENERGY WATCH INCORPORATED (ENV-2016-WLG-80) Appellant SOUTH TARANAKI DISTRICT COUNCIL Respondent Environment Judge J E Borthwick Environment Commissioner J A Hodges Environment Commissioner J T Baines In Chambers at Christchurch Date of Decision: 14 July 2020 Date of Issue: 14 July 2020 FOURTH INTERIM DECISION OF THE ENVIRONMENT COURT REASONS...