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1. Fifita v Tangilanu [2015] NZIACDT 15 (06 March 2015) [pdf, 152 KB]

   ...Sanctions [4] The parties did not provide submissions on sanctions. Discussion Absence of significant mitigating factors [5] There is little or no mitigation for this or any of the complaints Ms Tangilanu has faced. Ms Tangilanu has not taken responsibility for her indefensible behaviour across a large number of complaints. Ms Tangilanu’s licence [6] On two previous occasions, the Tribunal ordered that Ms Tangilanu could not apply for a licence for a period of two years (separ...

2. ABY v ZYF [2013] NZDT 125 (17 September 2013) [pdf, 47 KB]

   IN THE DISPUTES TRIBUNAL [2013] NZDT 125 BETWEEN ABY APPLICANT AND ZYF Ltd RESPONDENT Date of Order: 17 September 2013 Referee: Referee Hannan ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders that the Respondent, ZYF Ltd, pay directly to the Applicant, ABY, the sum of $610.00 on or before 17 August 2011. The Respondent is entitled to retain possession of the Acer computer in question. Facts [1] The Applicant

3. ADT & CR Insurance Ltd v ZWH [2013] NZDT 221 (9 May 2013) [pdf, 63 KB]

   ...period of time because of an operation, but I cannot accept that prevented him from phoning the service station to request another copy. [7] I find that ZWH was negligent because he failed to give way. Was ADT negligent? [8] ADT had a responsibility to drive to the speed limit of 50 km/hr and drive at a lesser speed if the conditions warranted. [9] ZWH claims that he managed to stop his vehicle when it was across the left hand lane of [road A]. ZWH says he had suf...

4. ENVC Hearing 27Jul15 AT Scott Ebbett [pdf, 354 KB]

   ...University in Melbourne, Victoria. 3 I hold the position of Parking Design and Policy Manager in the Parking Services Department at Auckland Transport (‘AT’). This is a position I have held since AT was formed in November 2010. In this role I have responsibility for the management of on-street parking, setting parking policy, and advising the car park facilities team on establishing car park rates. This includes the parking areas at Matiatia. 4 Prior to joining AT, I was a...

5. ENVC Hearing 27Jul15 AC suppl evidence Richard Reinen-Hamill [pdf, 111 KB]

   ...experience are set out in my Statement of Evidence in Chief dated 10 June 2014. 4. I have read the supplementary statements of John Leman and Philip Wardale for WML. The purpose of this supplementary statement is to provide the Court with my response to the modelling results set out in Mr Leman's supplementary statement. I have also read the supplementary statement of Mr Poynter and comment briefly on his evidence concerning the use of a geotextile boom during construction...

6. CAC10064 v Vinodh [2013] NZREADT 21 [pdf, 27 KB]

   ...that the Defendant undergo training or education, namely completion of an appropriate English language qualification such as the Unitec Certificate in Intensive English (Upper Intermediate). [c] A fine in the range $2,000 to $4,000.” [5] In response, Mr Vinodh’s solicitors have urged the Tribunal to impose censure or reprimand upon Mr Vinodh; and to order him to apologise to the complainant. They submit that no further penalty is needed and refer to the decision of CAC20005 –...

7. ENVC Matiatia expert witness archaeology 2014 [pdf, 734 KB]

   ...of a Notice f Motion under s87G of the Resource Management Act 1991 JOINT EXPERT WITNESS STATEMENT ARCHAEOLOGY DATED: 20 AUGUST 2014 Archaeology Joint Witness Statement I 2 INTRODUCTION 1. This signed jOint witness statement is written in response to the Court's Minute dated 4 April 2014, which directed Environment Commissioner facilitated conferencing. This requires that the experts seek to identify and reach agreement with the other expert witness(es) on in the issues and...

8. Foldszin v CAC 20008 & Leef [2014] NZREADT 47 [pdf, 23 KB]

   ...unable to communicate with the appellants, having made every reasonable endeavour to do so throughout this year. Our Mr G Ngaiorae, as case manager, has had his emails to the address provided initially by the appellants rejected and cannot obtain a response to postal mail nor ascertain relevant phone numbers. [9] Mr Waymouth records that neither he nor Mr Clancy has been able to make contact with the appellants since they filed their appeal to us on 6 January 2014. He notes that the g...

9. AGD Ltd v ZVT Ltd and ZVS [2014] NZDT 394 (23 January 2014) [pdf, 74 KB]

   ...to completing the work. (ii) That Mr QI is a credible witness. He gave specific details of what the decommissioning work involved. He stated that while doing the work, he was conscious that he would not be charging for it as he felt “a bit responsible” for a “misunderstanding” about the likely load for the evaporator. (iii) That there is no other evidence to suggest that the amount charged by AGD Ltd was excessive for the work completed. In having re...

10. AX Ltd v ZC Ltd [2014] NZDT 673 (27 February 2014) [pdf, 29 KB]

    ...the Council of a “Esplanade Reserve” with a value of $20,000. AA submitted that this contribution included the then equivalent of the IGC. [11] BB submitted that at the time of this “contribution” Council and Metro Water had separate responsibilities to collect contributions for different purposes. Council might collect a contribution for reserves and stormwater infrastructure but Metro Water collected water and wastewater infrastructure contributions, which were then pass...