Search Results

1. [2018] NZEnvC 176 Burgoyne v Northland Regional Council [pdf, 193 KB]

   ...position of the Group. While the Group will be presenting a joint case as the applicant in the appeals, Te 3 Riinanga 0 Ngai Takoto wishes to join the proceedings as a party to ensure their interests are able to be represented. The parties' responses to the application MrCampbel/ [6] The Northland Regional Council consented to the waiver application by Mr Campbell [7] Mr Burgoyne and the Te Taumata Kaumatua 0 Ngati Kuri Research Unit oppose the application. [8] The...

2. Canterbury Westland Standards Committee 2 v Healy [2020] NZLCDT 4 [pdf, 106 KB]

   ...Mr Healy, on behalf of your profession you are censured for your conduct in relation to your criminal conviction. Your conduct will have seriously risked the reputation of your profession as a whole and as such needs to be marked by a serious response. This censure will become part of your record and remain on it. You are commended for the steps you have taken in relation to expressions of remorse and addressing the reasons for the offending having occurred. For those reasons t...

3. 2021-11-03 Fish & Game - Legal submissions - PC8 - primary sector hearing [pdf, 149 KB]

   ...Game Council and the Central South Island Fish and Game Council (Fish and Game) is the statutory manager of sports fish and game bird resources within the Otago and Central South Island Fish and Game regions respectively. They hold functions and responsibilities set out in the Conservation Act 1987. The organisations’ functions include managing, maintaining and enhancing sports fish and game resources in the recreational interests of anglers and hunters; representing the interests...

4. [2022] NZACC 102 – Anderson v ACC (31 May 2022) [pdf, 176 KB]

   ...a formal application for leave to appeal out of time, with supporting reasons. • By 24 May 2022, the Corporation and Silver Ferns Farm Ltd will lodge their statements in reply. • By 31 May 2022, Mr Anderson will lodge his statement in response. [4] On 9 May 2022, Ms McCarthy, for Mr Anderson, submitted that the appeal was filed late because, while Mr Anderson was seeking counsel to instruct for his appeal, there was a misunderstanding between counsel and instructing solici...

5. LN v JH Ltd [2022] NZDT 16 (18 February 2022) [pdf, 150 KB]

   ...representative did not know the cause, which might have been another vehicle cutting in, for example. Someone had spoken to the driver after the LN’s complaint, but the discussion had not been documented and no-one had gotten back to the LN with any response or explanation. 8. While the JH Ltd may wish to revisit its procedures for following up on safety complaints, there is insufficient evidence to find that the driver failed to exercise reasonable care and skill in his driving. The a...

6. [2022] NZEnvC 096 Canterbury Regional Council v MacLee Holdings Ltd [pdf, 202 KB]

   ...Regional Council v MacLee Holdings Limited [2022] NZEnvC 7. 2 The legal description is Section 25 SO 482782 on identifier 725731. 3 Memorandum of counsel for Canterbury Regional Council, dated 1 June 2022 at [4]. 4 [5] While the respondent was not responsible for lighting the fire, as owners of the property it was put on notice by the Regional Council about concerns regarding the burnt waste.4 [6] Following failure to comply with an abatement notice and two infringement notice...

7. HT v CJ Ltd [2019] NZDT 1508 (2 October 2019) [pdf, 181 KB]

   ...does not give the discretion to CJ but to the Approved Repairer. The Approved Repairer, defined as “an authorised MTA Service Centre”, is JB Limited. 14. The original quotation of $3,389.05 provided by JB was for the new two-year battery. In response to CJ’s requests for cheaper options, JB provided a second quotation of $2,538.56 for CI0301_CIV_DCDT_Order Page 3 of 4 a remanufactured battery with a one-year warranty, then finally the third quotation of $1,877.05 for a reman...

8. LL v DD Ltd [2017] NZDT 1453 (12 October 2017) [pdf, 209 KB]

   ...results of the testing of the carpet by NZWTA had been below or even slightly above the minimum standard, he would have replaced the carpet without the need for further discussion. In other words, it was clear to me that he was not trying to evade his responsibilities in any way. However he indicated that the testing showed that the carpet was relatively strong and was not likely to have been defective, and as a result, while willing to do repairs as a matter of goodwill, he was not prep...

9. NK v EI Ltd [2021] NZDT 1464 (10 February 2021) [pdf, 196 KB]

   ...an after market aerial could be the cause of the issue. d) The work done did not appear to have been coated properly. A topcoat gives the correct seal, as primer is still porous. CI0301_CIV_DCDT_Order Page 3 of 4 14. EI Ltd stated in response to the coating issue that its primer was a rust killer in that it converted the metal to a solid state, it was not a porous primer. Refitting Windscreen 15. EI Ltd said that the windscreen seal was cut above the body line and theref...

10. Cottrell - Wharerangi 9 and 10 Blocks (2021) 91 Takitimu MB 85 (91 TKT 85) [pdf, 221 KB]

    ...Whakataunga: Judgment 23 July 2021 TE WHAKATAUNGA Ā KAIWHAKAWĀ L R HARVEY Judgment of Judge L R Harvey Hei kōrero tīmatanga Introduction [1] Robert Cottrell applied for the appointment of replacement responsible trustees to Wharerangi Marae and urupā, following several resignations and one former trustee passing away several years ago. Those orders were granted at a hearing held on 3 March 2021.1 [2] Mr Cottrell now seeks direc...