Search Results

1. 4_Draft-Conditions-Amendment-1-Proposed-condition-REM10-and-Schedule-7-v2.pdf [pdf, 325 KB]

   ...objective of the Ecology Management RTE1,RTE2,RTE3, RTE4, The Ecology Management Plan must include, but not be limited to: Plan is to address the potential adverse RTE5, RTE6, RTE?, REM1, a) the identification of key personnel , including their roles and responsibilities ; effects of the O2NL Project, including REM4, REMS, REM6, REM?, b) a summary of the ecology and indigenous biodiversity values of the Project Area and the construction activities, on ecology and REMS, REM9, REM11, potential...

2. D Ltd v R Ltd [2024] NZDT 228 (8 March 2024) [pdf, 189 KB]

   ...complete. 3. R Ltd contend that D Ltd should not have been conducting its own asbestos testing and that the results D Ltd obtained were very different from the results their own independent testing revealed. R Ltd are of the view that D Ltd was responsible for failures that led to [authorities] shutting down the site twice. 4. However, in spite of having the opportunity to present evidence to support its contentions in this regard (an initial hearing revealed that R Ltd had not h...

3. WC v HM [2023] NZDT 486 (2 October 2023) [pdf, 173 KB]

   ...tabby tom cat who regularly visited her. She called him P and said the window was left open for him to come and go as he pleased. Most nights he slept in her bed. A notice was placed on the community Facebook page asking if anyone owned P and no response was received. WC decided P was a stray cat in need of care. She took him to the vet to be vaccinated and to treat a weeping eye. She arranged for him to be microchipped and registered in her name, and also obtained pet insurance for...

4. [2023] NZREADT 21 Wang v REAA (16 August 2023) [pdf, 169 KB]

   ...post and email). Section 54(h) provided that the Registrar had to cancel for failure to pay a prescribed fee. The Registrar was intending to cancel his licence and he had 10 days to say why the licence should not be cancelled. [8] There was no response from the applicant to any of these communications. [9] On 1 May 2023, the Registrar wrote to the applicant advising that his licence would be cancelled on 2 May 2023 under s 54(h) of the Act. He had not paid the annual suspension...

5. Howard v Accident Compensation Corporation (Costs of appeal) [2024] NZACC 44 [pdf, 195 KB]

   ...days to respond, following which the Court will determine the issue. [5] On 4 March 2024, Mr McBride, for the Corporation, provided a memorandum as to costs and disbursements, totalling $1,766.55. [6] On 5 March 2024, Ms Howard provided an email response to the Corporation’s memorandum, requesting the Court to exercise its discretion, and, in the circumstances, not award costs against her. Relevant law [7] Rule 14.1(1) of the District Court Rules 2014 provides that the award o...

6. IO v D Ltd [2024] NZDT 59 (13 February 2024) [pdf, 144 KB]

   ...the car to be inspected and repaired. While returning the car IO said it emitted smoke and had a strong burning smell. D Ltd advised it had fixed and refurbished the battery but could not identify any other issues. 3. IO was unhappy with this response, refused to collect the car asking for a refund and compensation. D Ltd declined this request. 4. In his originating claim IO wanted to cancel the contract and get a refund of $10,559.00 as well as unspecified amounts of compensation...

7. [2024] NZEmpC 110 Herrett v Eco Frame and Mirror Limited [pdf, 219 KB]

   ...be filed out of time. After communicating with the parties, the Court indicated that Mr Herrett would have until 16 February 2024 to file an appeal, and that if no appeal was filed, he would have until 26 February 2024 to file any memorandum in response to the plaintiff’s costs memorandum.4 [4] On 21 February 2024, counsel for Mr Herrett indicated that he wished to withdraw his substantive challenge. However, he sought that the outstanding issue of costs on his application to...

8. LN v B Ltd [2023] NZDT 717 (4 December 2023) [pdf, 169 KB]

   ...headed ‘Force Majeure’ which states that the respondent will not be liable or responsible for any failure to perform or delay in performance of any obligations that is caused by events outside its reasonable control. The New Zealand Government’s response to Covid and the resulting mandates was outside the control of the respondent. I could not order a refund of the course fees where LN agreed that the respondent would not be liable for delays or failure to perform where there was a...

9. [2024] NZEnvC 134 Waterfall Park Developments Limited v Queenstown Lakes District Council [pdf, 181 KB]

   ...interim decision included directions for WPDL to file a memorandum to advise whether or not it wished to pursue a Modified WBRAZ option for Ayrburn Farm.2 Second decision [6] The court considered WPDL’s preference for a Modified WBRAZ and responses to directions. The second decision was issued on this matter on 22 April 2024,3 with the court finding that with the exception of proposed Obj 27.3.25, the updated set of provisions dated 8 December 2023 (‘8 December version’) re...

10. P Ltd v Q Ltd [2023] NZDT 678 (1 December 2023) [pdf, 108 KB]

    ...there was no dispute that at the time the car was in its possession, it was owned by the previous owner K/his insurer, and it was not bought by P Ltd at auction from NB until some months later. Consequently, I do not accept that the company had any responsibility to P Ltd and instead its duty of care was to the owners at the time. For completeness, while I accept that the parts identified in the claim were not on the car on 11 September, on balance, I also do not accept that it has been e...