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1. Port of Tauranga Limited Submissions - 6 December 2017 [pdf, 161 KB]

   ...navigational aids to the operation of a safe port. 27. The amendments suggested by the Court should not be a substitute for a thorough evidential based enquiry as to whether additional standards are appropriate. The relief sought by Ngati Ranginui is an investigation and confirmation into the lineal and geographic extent of Te Paritaha to be include the area into ASCV 4 and reinstated into Mapllb as recommended by the staff recommendations report. Deletion of Rule HD3, HD4, HDS, HD6...

2. [2021] NZREADT 48 - Kan (30 August 2021) [pdf, 260 KB]

   ...Authority was still proceeding. 1 Complaints Assessment Committee 1901 v Kan [2021] NZREADT 30. [6] The Police complaint was withdrawn on 4 June 2020, following confirmation that Mr Kan had completed payment to the owners. [7] An Authority investigator, Ms Stevens, met with Mr Kan in December 2019 in relation to the complaint. Mr Kan did not provide a response to the complaint until 18 February 2020. He said that his work as a property manager was as a private individual...

3. Form 14 Waitangi Tribunal Application [pdf, 394 KB]

   ...application. • My obligations to notify Legal Aid of any change to their address, or any increase in their income or assets (disposable capital). • The fact that they have waived legal professional privilege for the purpose of an audit or an investigation by the performance review committee or any other investigation of me under the Legal Services Act 2011 and the effects and implications of that waiver. • The potential cost of services for the proceedings for which aid is sou...

4. Trustees of Oparau No 1 Block Trust - Oparau No 1 and Pirongia West 1 2B3D (2004) 109 Waikato MB 300 (109 W 300) [pdf, 1.7 MB]

   ...Kawhia Harbour. The Otorohanga District Council granted consent to the subdivision on 12 May 2003, subject to payment of a reserve contribution of $350.00. The consent also provides that the owner is not required to provide access by road or private road to the allotment because It has frontage on the Kawhia Harbour. A certificate of compliance with the conditions of the subdivision consent was issued by the Otorohanga District Council on 3 September 2003. Mrs Dockery gave evide...

5. [2024] NZEnvC 076 McDonnell v Auckland Council [pdf, 316 KB]

   ...be sufficient road reserve to accommodate, inter alia, stormwater networks and network utilities. [46] While there was some suggestion by Mr Clode in his evidence on behalf of DPML that “infrastructure” in this context “doesn’t include private drainage”16 and is limited to public infrastructure, there was no compelling argument to support such a limitation and nor do the relevant sections of the AUP differentiate between private and public infrastructure. [47] For cont...

6. ENVC Matiatia party corresp DMI amended applic response 20150302 [pdf, 195 KB]

   ...the consents that would be required would be granted as a matter of course. However, the essential fact to take from Mr Dunn's affidavit is that of the only options identified by WML for its car parking, none could be developed and used for private berth-holder car parking without further approvals from either the Council or Watercare. 7. The necessity for additional consents is a further factor in support of DMl's position that the revised proposal is not within scope....

7. KA v CU Ltd & ZX & GY [2019] NZDT 1501 (18 July 2019) [pdf, 93 KB]

   ...so, who is liable to pay? b) Can KA recover damages for the cost of repairing her drains? If so, who is liable to pay? Can KA recover damages for the consequences of leaves falling in her gutters? If so, who is liable to pay? 5. An action for private nuisance protects a person’s right to the use or enjoyment of an interest in land. Where a tree’s trunk or branches grow on to neighbouring land, or roots grow into the neighbour’s soil, there is an actionable interference in the ne...

8. SB v IK [2024] NZDT 255 (26 March 2024) [pdf, 94 KB]

   ...DISPUTES TRIBUNAL [2024] NZDT 255 APPLICANT SB RESPONDENT IK The Tribunal orders: 1. IK is to pay SB $529.00 on or before 4pm on 19 April 2024. Reasons: 2. In December 2023 the applicant purchased a vehicle via a private sale for $6,400.00 from the respondent who said he was selling it on behalf of another. The respondent organised for a mechanical check prior to the purchase from which it was reported that an oxy sensor would need to be replaced...

9. BK v XQ Ltd [2022] NZDT 261 (13 December 2022) [pdf, 207 KB]

   ...however is that she does not believe XQ Ltd have the right to issue a breach notice and that the amount charged is excessive. It is BK’s view that such notices should only be issued by the Police or the Council. 7. XQ Ltd carparks are however privately owned and therefore parking restrictions are not enforced by either the Police or the Council. Parking is deemed to be in the nature of a contract and members of the public entering the carpark are required to comply with the terms...

10. SG v UT [2023] NZDT 78 (1 March 2023) [pdf, 96 KB]

    ...PLEASE NOTE: A rehearing will not be granted just because you disagree with the decision. Grounds for Appeal There are very limited grounds for appealing a decision of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceedings. This means you consider there was a breach of natural justice, as a result of procedural unfairness that affected the result of the pro...