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1. [2022] NZEnvC 028 Bridesdale Farm Developments Limited v Queenstown Lakes District Council [pdf, 229 KB]

   ...presumption against a costs award in plan proceedings is weakened. [30] I consider this one of the factors that puts this case outside the realm of the normal run of plan change cases. [31] Parties in any Environment Court proceeding have a responsibility to assist to ensure proceedings are fair and efficient. The belated changes BFDL pursued to its requested relief, including through rebuttal planning evidence and closing submissions that went beyond that evidence, had a direct...

2. Waitangi-Tribunal-COVID-19-Level-2-protocol-29-October-2021.pdf [pdf, 160 KB]

   ...appropriate time. 33. Any concerns about health and safety practices should be raised with the Tribunal Registrar in the first instance. https://covid19.govt.nz/alert-levels-and-updates/legislation-and-key-documents/#covid-19-public-health-response-act-orders-and-notices Media 34. Accredited news media will continue to have entry to the Waitangi Tribunal in order to report on proceedings, and to ensure open and transparent justice. Remote access for accredited news media will...

3. TX v OI [2021] NZDT 1351 (19 April 2021) [pdf, 211 KB]

   ...marketplace. An advert for the vehicle said it was reliable and ran well. On the day of purchase, the vehicle ran hot. TX found that the pressure cap for the radiator reservoir was off. The cap was replaced, and she assumed that must have been responsible for the overheating. The vehicle was only used for short trips in the week that followed before being taken for a day trip, when the car again overheated. TX was then advised that the head gasket had blown, and the engine would nee...

4. Example Occupation Order. [docx, 43 KB]

   ...accordance with section 328 of te ture whenua mĀori ACt 1993. 4. Please note that this example is intended to provide you with general information only. The Ministry of Justice makes no warranty, express or implied, nor assumes any legal liability or responsibility for the accuracy, correctness, completeness or use of any information contained herein. 5. A checklist of different clauses which you should specifically consider is set out on the next page. 6. If you require assistance, please con...

5. Lt and QT v OT Ltd [2021] NZDT 1430 (16 March 2021) [pdf, 213 KB]

   ...he had been entitled to do) in order to increase the height of the palings on his side. He had not contacted the Ts before doing so, or discussed his intentions with them. He said that Mr T had then demolished the fence, and that Mr T was therefore responsible for any damage that had been done, and for replacing it. [10] Mr R acknowledged that he had had the survey done before any issues about the fence arose. He also accepted that he had declined to make the details of the survey availa...

6. Otago Standards Committee v Duff [2022] NZLCDT 4 (21 January 2022) [pdf, 103 KB]

   ...Standards Committee v Quentin Duff [2021] NZLCDT 25. 5 Aggravating and Mitigating Features [13] The long delay in putting right the failure to pay GST is an aggravating feature to the offending itself. Mr Duff did not face up to these responsibilities until urged by his counsel to put them right. [14] In relation to the practitioner there is an aggravating factor of a previous unsatisfactory conduct finding in 2015. [15] As to mitigating features, it is acknowledged by t...

7. LQ Ltd v JN & BN [2022] NZDT 2 (14 February 2022) [pdf, 224 KB]

   ...that this was so without a report on the matter from a suitably qualified electrician. JN was also concerned that he could have been double charged GST. The discussion on this point at the hearing gave me the impression that JI was unaware of his responsibilities under the Consumer Guarantees Act 1993 to charge no more than a reasonable price (s31). JI intimated that he could on-charge any sum he liked. This is incorrect. However, I have no reason to assume he had added GST to both acc...

8. Waitangi Tribunal COVID-19 Level 2 Protocol (29 October 2021) [pdf, 160 KB]

   ...appropriate time. 33. Any concerns about health and safety practices should be raised with the Tribunal Registrar in the first instance. https://covid19.govt.nz/alert-levels-and-updates/legislation-and-key-documents/#covid-19-public-health-response-act-orders-and-notices Media 34. Accredited news media will continue to have entry to the Waitangi Tribunal in order to report on proceedings, and to ensure open and transparent justice. Remote access for accredited news media will...

9. [2022] NZEnvC 206 Cossens v Queenstown Lakes District Council [pdf, 211 KB]

   ...Declaration and Enforcement Application [2] This application concerns pre-notification consultation undertaken by QLDC ahead of the proposed variation to its Proposed District Plan (‘Proposed Variation’, ‘PDP’). The Proposed Variation is in response to the court’s decisions in Topic 2. Those decisions included directions to include policies in the PDP (using Sch 1) for the identification of landscape values for 29 priority areas. [3] The application seeks that the court...

10. [2024] NZEnvC 151 McDonnell v Auckland Council [pdf, 293 KB]

    ...of the Act BETWEEN DEVELOPMENT PARTNERS MANAGEMENT LIMITED (ENV-2023-AKL-000040) Applicant AND AUCKLAND COUNCIL Respondent Court: Environment Judge MJL Dickey Hearing: On the papers Last case event: 10 May 2024, Council Memorandum in response to application for costs Appearances: B Carruthers KC and V Toan for appellants and applicant S Quinn and E Manohar for the respondent Date of Decision: 8 July 2024 Date of Issue: 8 July 2024 2 DECISION OF THE ENVIRONMENT CO...