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NOTICE OF APPEAL 26 JULY 2018 Counsel instructed: Bal Matheson Richmond Chambers PO Box 1008 Auckland 1140 Solicitor acting: D J Minhinnick I L J Eaton P +64 9 367 8000 F +64 9 367 8163 PO Box 8 DX CX10085 Auckland BEFORE THE ENVIRONMENT COURT ENV–2018–AKL - AT AUCKLAND I MUA I TE KOOTI TAIAO I TĀMAKI MAKAURAU ROHE UNDER the Local Government Act (Auckland Transitional Provisions) Act 2010 ("LGATPA ") and
Page | 1 IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2009-101-000012 [2010] NZWHT AUCKLAND 39 BETWEEN DAVID LINDSAY CAMERON, BRENDA MURIEL CAMERON and GEOFFREY HEWIT MYLES as Trustees of the NORMAC TRUST Claimants AND DAVID LAWRENCE STEVENSON First Respondent AND CHRISTOPHER JOHN CHOTE Second Respondent AND BMW PLUMBING LIMITED Third Respondent AND CARTER HOLT HARVEY LIMITED (Removed) Fourth Respondent AND BRIAN MUSSON (Removed) Fifth Respond
...The measure of damages from Mr Paul Clarke’s negligence is thus the increased costs between 2005 and 2011 of remediating the west wall of the house. The issue of the quantification of that loss is dealt with separately at the end of this judgment. ISSUE D – Whether Landmark BOP Limited owed a duty of care to the claimants to identify defects and recommend appropriate remedial works in 2007 and, if so, to what extent? [55] Landmark BOP was the company that undertook the...
...on the evidence before her. Nevertheless, as the Guidelines properly recognise, where the review is of the exercise of a discretion, it is appropriate for the Review Officer to exercise some particular caution before substituting his or her own judgment without good reason. [32] More recently, the High Court has described a review by this Office in the following way:9 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determinati...
...view on the evidence before her. Nevertheless, as the Guidelines properly recognise, where the review is of the exercise of a discretion, it is appropriate for the Review Officer to exercise some particular caution before substituting his or her own judgment without good reason. 5 Mr ND, email to LCRO (4 September 2020); LCRO (case manager), letter to [KLM] (5 January 2021). 6 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [39]–[41]. 6 [29] More recently, the High Court...
...any social, economic or cultural effects”; (b) to present these community concerns to the Court; (c) to raise funds in support of our case, particularly to apply for financial assistance from the Environmental Assistance Fund;2 (d) to streamline the process for our members and the Court, given the large number of s274 parties involved.3 2 Our application was declined. 5 8. BALS has 98 members. Of those, more than fort...
...on the evidence before her. Nevertheless, as the Guidelines properly recognise, where the review is of the exercise of a discretion, it is appropriate for the Review Officer to exercise some particular caution before substituting his or her own judgment without good reason. [58] More recently, the High Court has described a review by this Office in the following way:7 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determinat...
1 (1) ORDER PROHIBITING PUBLICATION OF NAME OR IDENTIFYING PARTICULARS OF AGGRIEVED PERSON, HER DAUGHTER AND THE DAUGHTER’S FATHER (2) ORDER PREVENTING SEARCH OF THE TRIBUNAL FILE WITHOUT LEAVE OF THE CHAIRPERSON OR OF THE TRIBUNAL IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2020] NZHRRT 18 Reference No. HRRT 005/2020 UNDER SECTION 50 OF THE HEALTH AND DISABILITY COMMISSIONER ACT 1994 BETWEEN DIRECTOR OF PROCEEDINGS PLAINTIFF AND
...compensation should be paid, the applicant's blameworthy conduct may be taken into account as an aggravating factor that reduces the amount of compensation payable by up to $150,000 (paragraph 43 of the Guidelines). It is a matter for Cabinet's judgement, in a particular case, which approach is more consistent with the interests of justice. 39. Critical to this assessment are the relative blameworthiness of the person's conduct and the extent to which it contributed to their con...
...Court of Appeal Deputy Registrar advised that the Court could not accept 4 Poutama Kaitiaki Charitable Trust v Taranaki Regional Council [2020] NZHC 3159. 5 Poutama Kaitiaki Charitable Trust v Taranaki Regional Council [2021] NZSC 87. Note: the judgment was recalled and reissued with amendment, see Poutama Kaitiaki Charitable Trust v Taranaki Regional Council [2021] NZSC 124. 6 Poutama Kaitiaki Charitable Trust v Taranaki Regional Council [2022] NZHC 629. 7 Poutama Kaitiaki Ch...