Search Results

1. [2023] NZEnvC 087 Aratiatia Livestock Limited v Southland Regional Council [pdf, 193 KB]

   ...species, identified in Appendix M, and their related habitats.13 Directions [24] Any party opposing the alteration to Rule 25(b)(iii) is to file evidence by Friday 19 May 2023 with any evidence in reply to be filed by Wednesday 24 May 2023. If no response is received, the drafting of Rule 25(b)(iii) in the Fifth Interim Decision will be confirmed (without any further decision issuing). [25] By Wednesday 24 May 2023 SRC will respond to the issue raised by the court concerning th...

2. MW & NW v SL & TE [2023] NZDT 510 (20 September 2023) [pdf, 217 KB]

   ...their state of repair as at the date of the agreement” is applicable. In effect, that generally means that when a problem pre-dates the settlement date, which prevents the system, plant or equipment being in reasonable working order, then it is the responsibility of the vendor to repair or replace it, as is required. Considering UI’s evidence, which I accept, I find that the vendors are required in this case to do that. 11. I note that it was clear that this was unknown to SL and TE...

3. [2023] NZEnvC 266 Todd & Brial v Queenstown Lakes District Council [pdf, 196 KB]

   ...preventing further subdivision of the Site. Whilst they did not call evidence, the Todds submit that they were entitled to make their case on the evidence of Mr Brown and Ms Panther-Knight as was 2 Submissions for Michael and Emily Brial in response to Application for Costs dated 1 April 2021. 5 called by the Brials. [11] Furthermore, in the event the court considers an award appropriate, the Todds submit that the legal fees claimed to have been incurred by the Blacklers...

4. DS v HW [2023] NZDT 550 (6 October 2023) [pdf, 190 KB]

   ...both parties, DS was unable to provide any evidence from independent industry experts to prove his claims at today’s hearing. d. I accept DS’s submission that he is a solo-father and does not have time to gather evidence. However, it is the responsibility of the parties to provide their evidence to prove their claims. 10. Therefore, based on all of the evidence and the relevant law, I am satisfied, on the balance of probabilities that DS has failed to prove that HW did not compl...

5. MOJ0610-Responding-to-a-Notice-of-Application-te-reo-Maori.pdf [pdf, 302 KB]

   ...āu ake whakaritenga mō te tamaiti, ka taea e koe te whakaoti tētahi tono ‘Whakatau Tiaki Tamariki’. Ka taea e koe te tāpae tēnei i te wā anō o tō ‘Pānui Whakautu’. Tīkina te puka mā te • Haere ki justice.govt.nz/notice-of- response • Waea koreutu ki Te Tāhū o te Ture i 0800 2 AGREE (0800 224 733) kia tukuna atu he kape. He tika tōu kia noho haumaru Ka taea e koe he āwhina mēnā ki ōu whakaaro kāore koe, tētahi atu rānei i te noho haumaru. • Mēnā...

6. Dalgety v Accident Compensation Corporation (Late filing to the District Court) [2023] NZACC 133 [pdf, 158 KB]

   ...did not oppose the late filing of the appeal. [4] On 26 July, 1 August, 4 August and 7 August 2023, the Registry reminded Mr Dalgety of his need to apply for leave to file the appeal out of time with reasons. The Registry did not receive any response. Relevant law [5] Section 151 of the Accident Compensation Act 2001 (the Act) provides: (1) An appellant brings an appeal by sending a notice of appeal to, or filing a notice of appeal in, a specified registry. ... (3) The no...

7. [2023] NZEmpC 147 Reddy v Employment Relations Authority [pdf, 192 KB]

   ...to costs on this matter. If those cannot be agreed between the parties, the HCC may file and serve a memorandum seeking costs within 21 days of the date of this judgment. Mr Reddy then has 14 days within which to file and serve a memorandum in response. Any memorandum in reply from the HCC may be filed within a further seven days. The matter will then be determined on the papers. J C Holden Judge Judgment signed at 10.30 am on 6 September 2023 10 See above...

8. EI & RA v IL [2023] NZDT 114 (2 March 2023) [pdf, 209 KB]

   ...cause a vehicle to be driven, carelessly or without reasonable consideration for other persons: s8 Land Transport Act 1998. A driver also owes a common law duty of care to other drivers to take reasonable care in operating their vehicle and will be responsible for any reasonably foreseeable damage suffered as a result of a failure to do so. The duty to take reasonable care includes the duty to keep a proper look out when making a turn. 9. I find that RA breached her duty of care t...

9. [2023] NZEnvC 147 Gertrude's Saddlery Limited v Queenstown Lakes District Council [pdf, 391 KB]

   ...personal interests in their land at 111 Atley Road. Specifically, it extends to broader matters of public interest in that: 16 (a) declaration (a) above would potentially raise public interest questions as to QLDC's statutory obligations in response to Environment Court decisions on the PDP; (b) declaration (b) would raise issues of potential interest at least for parties to the proceedings noted (acknowledging APONLS was not such a party); (c) declaration (c) raises broader pub...

10. O Ltd v U Ltd & Z Ltd [2023] NZDT 655 (5 December 2023) [pdf, 122 KB]

    ...Ltd purchased from U Ltd in March 2022. 2. One of the terms of the sale was that U Ltd would obtain a new COF. U Ltd obtained a COF from Z Ltd [Town] on 11 March 2022. 3. O Ltd alleges that the vehicle is faulty in many respects. 4. In response to O Ltd’s complaint, X carried out an investigation of the COF issued by Z Ltd [Town]. X concluded that there are two proven faults in the [truck] that would have been present when X [Town] inspected the vehicle, and that should have b...