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1. F Ltd v KI Ltd [2024] NZDT 135 (15 April 2024) [pdf, 152 KB]

   ...rather it could be a potential or prospective effect. There are also no terms which define when the effect needs to happen to trigger the clause. A slow leak which causes unseen gradual damage would not reasonably affect the provision of [specialised] services in the near future, although it is possible that the damage could cause issues in future, if repair work was disruptive. A leak which damages stock, or is significantly visible to customers would affect a retail business in the...

2. TX & UX v XC Ltd [2024] NZDT 440 (1 May 2024) [pdf, 232 KB]

   ...is no evidence to suggest that the figure of $7,069.00 is not an accurate assessment of the price of the stair variation. I acknowledge that XC Ltd did not know the cost of this work until it had been carried out. However, XC Ltd are providing a service to consumers, who are entitled to rely on their expertise. It was perhaps naïve of UX and TX to think that such a change would only have a minor effect on the cost given it involved additional labour to rework the design and the stair h...

3. H Ltd v HF [2025] NZDT 168 (24 February 2025) [pdf, 225 KB]

   ...the 17), and the estimate did not contain an overall total. The totals of the tasks for which there was pricing amounts to $60,300 plus GST ($69,345.00 inclusive of GST). It is possible to also calculate the value of task 17, the project management services, which was to be 10%. If this is added in, the total cost comes to $76,279.50, including GST. 5. HF refers in correspondence to an estimate of $63,250.001. During the hearing both parties referred only to the estimate provided on 2...

4. 26.-Evidence-of-Ms-Jo-Healy-Social-Impacts.PDF [PDF, 352 KB]

   ...collective assessment it is recognised that individual circumstances will differ. I consider that submissions from these individuals provide an opportunity for their views and concerns to be heard. 62. Kāinga Ora raise concerns about maintaining the services and function of two affected community service sites. I note that since this submission the proposed designation has been rolled back from 96-98 Arapaepae Road so I will discuss that separately. 63. With regards to the resi...

5. [2020] NZEnvC 176 Summerset Villages Lower Hutt Limited.pdf [pdf, 14 MB]

   ...The Applicant also pointed to the specific reference in review Condition 67(a)(v) to noise during operation as capable of being reviewed in the future if any unforeseen potential adverse effects arise. [21] To ensure that noise from mechanical services does not exceed the specified limits, Condition 40 requires that the consent holder submits a copy of the Mechanical Services Design Report (MSDR) prepared by an appropriately qualified acoustic specialist at least 1 0 working days...

6. Recommendations Recap 2024 Q2 [pdf, 884 KB]

   Recommendations Recap A summary of coronial recommendations and comments made between 1 April and 30 June 2024 Office of the Chief Coroner | 2024 (2) i Coroners’ recommendations and comments Coroners perform essential functions within our society. They inquire into a range of unexpected deaths to establish the identity of the person who has died and the cause and circumstances of their death. While inquiring into a death,

7. [2017] NZEnvC 159 Hokio Trusts v Manawatu Wanganui Regional Council [pdf, 4 MB]

   BEFORE THE ENVIRONMENT COURT IN THE MATTER AND BETWEEN AND AND Decision No. [2017] NZEnvC 159 of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act HOKIO TRUSTS (ENV-20 16-WLG-000004) Appellant MANAWATU-WANGANUI REGIONAL COUNCIL Respondent MANAWATU-WANGANUI REGIONAL COUNCIL Applicant Court: Heard: Environment Judge B P Dwyer sitting alone under s 279 of the Act In Chambers at Wellington Date of Decision: 27 September 2017 Dat

8. LCRO 190/2020 JG v VK (23 March 2021) [pdf, 260 KB]

   ...raised her concerns with Ms VK’s firm. She was advised to obtain independent advice. The firm contributed $1,000 towards the costs of that. [16] On the basis of the independent advice she received, the firm agreed not to charge Ms JG for further services provided. She continued to instruct Mr TF to make application under the Hague Convention for her younger son’s return. The application was not successful. [17] Ms JG considers Ms VK should be held to account for her part in t...

9. LCRO 152/2016 BL v HJ (11 August 2017) [pdf, 255 KB]

   ...agreement for sale and purchase (the agreement), which was signed on 25 May 2007, was not subject to any conditions save for an implied statutory condition under s 225 of the Resource Management Act 1991 (RMA).1 [4] Mr BL says that he telephoned Mr HJ “sometime in April 2007 – May 25th 2007” to inform Mr HJ that Mr and Mrs BL “were looking at a section in [XXX] subdivision”.2 [5] Mr HJ received Mr and Mrs BL’s copy of the agreement on or about 3 July 2007. He in...

10. LCRO 57/2018 G RC and D RC v YS (30 April 2019) [pdf, 335 KB]

    ...RC’s files, it was appropriate for Mr YS “to seek proper confirmation of [their] authority as executors” such as grant of probate, or their affidavit or declaration that they had applied for probate. [26] The Committee noted that Legal Aid Services had similarly required them to produce evidence of their entitlement to Mrs RC’s files and documents “in relation to the legal aid application” made by Mr YS when acting for Mrs RC. (c) Confidentiality [27] The Committee “...