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1. [2022] NZEmpC 85 Crest Commercial Cleaning Ltd v Total Property Services (Canterbury) Ltd [pdf, 234 KB]

   ...not been adequately explained and weighs against granting leave. [34] There is, however, one matter that comes to Crest’s assistance and was touched on by Mr McLauchlan. While Total Property wants to concentrate on the timeliness of its responses to Crest measured against the requirements of the Act, that assessment cannot be divorced from inquiring into what was supplied. That is essentially what Crest wants to challenge the determination about.29 [35] If only Total Prope...

2. Auckland Standards Committee 1 v Ms A [2023] NZLCDT 11 (27 April 2023) [pdf, 180 KB]

   ...to the other charges, she was found guilty of misconduct only in respect of blackmail. Because the opposing lawyers acted appropriately, no damage was ultimately done to anyone’s rights. She was guilty of a foolish, ignorant mistake. Her own responses at the time made it clear that she had no idea that she had stepped out of line. Although we do not excuse her for her own professional error, the fact that she was unsupervised was a significant contributor. [22] We have, of course...

3. TT Ltd v TG Trust [2022] NZDT 136 (17 August 2022) [pdf, 152 KB]

   ...(to satisfy the Fire Report). The Applicant invoiced the Respondent for the work and the Respondent paid the invoices. WH says that she asked NT to provide the building consent number and he sent it to her in a text message. She says that it is the responsibility of an owner to obtain the necessary building consents under s14B of the Building Act. WH therefore says that the Respondent should reimburse the Applicant for the fines it paid in relation to the Fire Alarm Infringement Notice and...

4. [2022] NZEnvC 133 NSK Farming Limited v Canterbury Regional Council [pdf, 243 KB]

   ...opening submissions at [26]. 11 Outcome [39] NSK is inviting the court to look behind the panel’s decision and to consider the original application on a different basis to that of the panel. We are not prepared to do this. [40] In response to the first issue stated for the court’s determination,25 we are not satisfied that NSK either sought or was consented to take 4.1 Mm3 of water. [41] That being the case, NSK will need to apply (if it has not already done so) for...

5. [2022] NZEnvC 121 Cullinan v Kaipara District Council [pdf, 425 KB]

   ...after which the consent lapses and the Council grants an extension. Pre-Commencement Conditions 4. Prior to the commencement of any work authorised under this consent, the Consent Holder shall provide written verification that the person responsible for carrying out construction work holds public liability insurance to the value of $1,000,000.00. 5. Prior to the commencement of any work authorised under this consent, the Consent Holder shall provide written verification that t...

6. [2022] NZACC 158 – Sua v ACC (16 August 2022) [pdf, 224 KB]

   ...infection requiring surgery was his underlying diabetes. Appellant’s reply [38] Mr Macann submits that on account of the appellant’s diabetes, he was not aware that his new shoes were rubbing and that was because of his impaired immune response resulting from his diabetes. He did not have blisters before he wore his new shoes. Decision [39] The ultimate question to be answered in this case is whether the appellant suffered injury by accident that resulted an abscess t...

7. Tamati v Hond - Paora Aneti 17 & 18 (2022) 446 Aotea MB 184 (446 AOT 184) [pdf, 252 KB]

   ...Aneti 17 and 18 Māori 446 Aotea MB 187 Reservation Charter (the Charter) and regulation 17 (1)(a) of the Māori Reservation Regulations 1994 (the Regulations). (c) The AGM must be held in compliance with the Covid-19 Public Health Response (Protection Framework) Order 2021 in particular the rules applying under the red traffic light setting. These rules include a capacity limit of 100 people for events and gatherings using the CVC-rules. (d) The Trustees considered wh...

8. 2022-03-22 Willowridge Developments Ltd & Remarkables Park Ltd - Supplementary Evidence - Claire Hunter - 22 March 2022 [pdf, 477 KB]

   ...behalf of the consent authority. [14] There is also concern that if there is no approval process, which is how I have developed Option B the detailed alternative option, then it leaves the ORC with no ability to influence or refine the mitigation responses being proposed within the Erosion and Sediment Control Plan (ESCP), and nor do they have any ability to require a separate discharge permit. [15] There are also concerns regarding cost recovery. [16] These rules were an attem...

9. Twigley v New Zealand Law Society [2023] NZLCDT 28 (18 July 2023) [pdf, 148 KB]

   ...also includes the economic interest which is involved in utilising, to the full, the skills of talented people who have undergone years of rigorous training but who, having misconducted themselves, have had to be removed for a time from positions of responsibility and trust. [2] This case involves the assessment of whether Mr Twigley has “…demonstrated, including by [his] work, activities and life, a fitness to be restored”2 to the roll of barristers and solicitors of New Zeal...

10. [2023] NZEnvC 177 Otago Regional Council v Armishaw [pdf, 280 KB]

    ...orders on his behalf. [19] Counsel explained that costs excluding those incurred by external contractors in the implementation of the s315(2) decision, were sought under s285. The court’s Minute [20] The court issued a Minute on 26 April 2023 in response to the Council’s application and memorandum. The Minute advised the Council to split the application for costs into two separate cost applications, as different considerations would apply to: (a) the application to recover...