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1. [2022] NZEnvC 190 Marine Farming Association v Marlborough District Council [pdf, 610 KB]

   ...parties sought in the joint memorandum. Beleve at al confumed to the court on 26 July 2022 that they withdrew their interest on this topic by memorandum on 22 September 2020, ·with no party recording an objection to the withdrawal at the time.3 No response was received by Mr Meachen. As a reminder, I record that if a party no longer has an interest in a topic or appeal it has a duty to formally withdraw its interest, as failing to do so can lead to delay and costs for other parties...

2. EI v SB & HS [2015] NZDT 1437 (28 October 2015) [pdf, 300 KB]

   ...29. The issues that arise under this cause of action are as follows: (i) Was the information provided to EI false (and therefore misleading and deceptive)? (ii) Are the disclaimer clauses in the agreements conclusive against EI? (iii) Is HS responsible under the Fair Trading Act for any deceptive and misleading conduct? (iv) Has EI established the loss suffered as a result of any misleading and deceptive conduct? 30. Section 9 of the Fair Trading Act is contained in Part 1 of the...

3. LCRO 173/2020 AZ v BX and CX (1 November 2021) [pdf, 178 KB]

   ...company, as first mortgagee, to the proposal of [Law Firm 3] to issue a Property Law Act notice to the HU Trust. Ms NO also asked for the amount secured by the first mortgage to the nominee company. [38] Mr PN, the firm’s accountant, was responsible for the day to day management of the nominee company, and responded to Ms NO. A file note made by her of a telephone conversation with Mr PN on 24 November 2010, records the amount due to the nominee company and Mr PN’s advice...

4. [2022] NZIACDT 26 — DA v Ji (8 November 2022) [pdf, 121 KB]

   ...misconduct. There are a number of aggravating factors: (1) The conduct occurred over a prolonged period, from August 2017 to December 2019. (2) Aspects of Mr Ji’s conduct were due to a lack of care or diligence. (3) While Mr Ji accepted responsibility for the misconduct, he often deflected responsibility to others, such as the complainant, the restaurant manager or his fellow adviser. His level of remorse appeared to be superficial. [13] Mr Ropati notes that Mr Ji had...

5. 07.-Evidence-of-Ms-Janelle-Tamihana-Nga-Hapu-o-Kereru.PDF [PDF, 263 KB]

   ...a 20 metre wide river would rely on the same measurements as a metre-wide tributary. 2 Ngā Hapū ō Kererū CIA, 1. He Kōrero Whakataki (Introduction), p 4. Page 8 32. Accordingly, we worked with Waka Kotahi on a more appropriate response to the environment and propose to implement a system tailored to the actual stream environment and its individual characteristics. This means that water will only be taken from the Kōpūtōroa Stream in a manner (rate and overall...

6. Morris v Accident Compensation Corporation (Interpretation of decision) [2024] NZACC 089 [pdf, 186 KB]

   ...Morris’s Recovery Coordinator, querying why all the requested amounts had not been paid, and provided a detailed breakdown of the amounts outstanding. [5] On 11 and 16 November 2022, Mr Varney emailed Ms Bhavika noting that he had not had a response to his email of 23 September 2022. [6] On 17 November 2022, Ms Bhavika replied to Mr Varney noting that she had asked the Corporation’s processing team to review the matter and get back to her. [7] On 21 November 2022, Ms...

7. CLC-National-Performance-Standards-1-July-2016.pdf [pdf, 184 KB]

   ...the community’s interests and those with technical skills relevant to strategy and the delivery of effective and quality services. 15.3 The governance board has clearly defined its purpose and functions and distinguished these from management responsibility for day-to-day operations. 15.4 The governance board has agreed the management structure; resourcing levels, and delegations. 15.5 The governance board participates in consultation and networking with the community served b...

8. J Ltd v U Ltd [2024] NZDT 170 (17 April 2024) [pdf, 220 KB]

   ...had been stolen. A police report was filed. Mr O claimed a bailment relationship was created when he left his vehicle and keys with U Ltd, that they did not take reasonable care of the vehicle as it was stolen during that time, and that they are responsible for the costs relating to any loss or damage to the vehicle. U Ltd disputed that they took possession of the vehicle or were involved in any bailment relationship or have any liability. CI0301_CIV_DCDT_Order Page 2 of 5 Law...

9. Sanders v Accident Compensation Corporation (Weekly Compensation) [2023] NZACC 163 [pdf, 170 KB]

   ...21 July 2022 and communicated that and the consequence of non-compliance to Mr Sanders. [33] On 13 February 2023, a Notice of Appeal was lodged. Relevant law [34] Section 72 of the Accident Compensation Act 2001 (“the Act’) provides: 72 Responsibilities of claimant who receives entitlement (1) A claimant who receives any entitlement must, when reasonably required to do so by the Corporation,— … (d) undergo assessment by a registered health professional specified by...

10. Norman - Nuhaka 2D2MIA3 (2023) 122 Tairāwhiti MB 149 (122 TRW 149) [pdf, 310 KB]

    ...for the purposes of building a modular home. Kōrero Whānui Background [2] Nuhaka 2D2M1A3 comprises 3.0899 hectares and has a total of 27 owners, holding 7.5 shares in the land. Of those 27 owners, 10 are deceased and 10 did not provide a response to Ms Norman’s application. [3] Ms Norman owns 0.938 shares in the land block, amounting to 12.5% of the total shareholding or, if apportioned by land area of the block, approximately 3,864.43m2. [4] Ms Norman has been occupying...