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1. [2017] NZEnvC 038 Gravatt v Pierau [pdf, 547 KB]

   ...for sensitive areas (a conservation zone, a significant ecological area and some outstanding landscape items) might be relevant to our consideration of whether there should be an enforcement order. We agree with Ms Macnicol's assessment in response that the permitted activity status of the festival is not impacted by such provisions; noting however her proper advice that the festival would need to comply with certain zone standards applicable to it as a permitted activity in the...

2. Nee Harland v Prentice - Mana Ahuriri Incorporated Society (2017) 59 Takitimu MB 227 (59 TKT 227) [pdf, 348 KB]

   ...Ahuriri Trust. She confirmed that the Bank’s dealings have been on the basis that the committee members and trustees have the authority to represent MAI and Mana Ahuriri Trust respectively. Ms McIntosh wishes to ensure that any orders made in response to the application do not adversely impact the Bank. Evidence [12] Hawea Moananui filed an affidavit in support of the application. Mr Moananui is of Ahuriri descent and supports the applicant’s submissions. He takes issue wi...

3. LCRO 3/2016 RC and RD v ZC (30 June 2017) [pdf, 123 KB]

   ...said: … after settlement, we received one paper says about leasehold from TD. We don’t know what it is and ask TD and ZC for reason. But by now, we still didn’t have any answer from [Law Firm 1] or our lawyer about leasehold. [28] In response to this issue Mr [RC and RD’s Representative] stated:10 The motel is freehold. There was a separate registered leasehold title that was issued but that had expired before settlement. In other words, the leasehold estate had come to...

4. Wellington International Airport Limited Legal Submissions - 10 December 2018 [pdf, 217 KB]

   ...that accompanied the assessment of environmental effects for the Project can continue to be relied upon, with any new information or updates being presented in evidence if considered necessary.” 35. Mr Kyle has reviewed his report and in response to this assertion provides an affidavit attaching the April report and stating that in his view the April report and his conclusions remain valid. 36. No evidence has yet been filed in these proceedings so the various environmental...

5. [2021] NZEnvC 012 Davis v Gisborne District Council [pdf, 709 KB]

   ...third of the costs incurred. Disposition amongst parties? [46] The Residents submitted that the Council should pay two thirds of the costs they claim. 84 [47] I accept this submission and apportion the award of costs so that the Council is responsible for approximately two thirds of the award and the Club the remaining one third. Decision [48] I make an award of costs of $21,000. [49] $16,000 is awarded against the Council. $5,000 is awarded against the Club. [SO] Both award...

6. LCRO 137/2017 and LCRO 33/2018 CH v RB and GN (28 June 2019) [pdf, 192 KB]

   ...fees should be reduced by $3,592.03. Mr CH unhesitatingly accepted this view and agreed to reduce his fees accordingly.2 2 A refund was made on 13 July 2017. 5 [21] The Committee noted that response and concluded that a significant portion of the amount overcharged had resulted from error rather than bad faith. Thus, it found that the disciplinary threshold was not reached as regards quantum of fees and determined to take no...

7. INZ (Foley) v Rodriguez [2019] NZIACDT 51 (23 July 2019) [pdf, 182 KB]

   ...required welding skills. [22] In response to the employer’s telephone call to Ms Rodriguez informing her of the termination of Mr B’s employment, Ms Rodriguez sent an email to the employer on 17 January 2017. She apologised and took full responsibility for the error. Mr B had said he was an aluminium fabricator, but he had been given the employment agreement and had studied it. She offered to fly him back to Manila and refund his fees. She would pay the fees of the Philipp...

8. Hutcheson v Clarkson - Mangamaire B2 Trust (2019) 81 Takitimu MB 52 (81 TKT 52) [pdf, 252 KB]

   ...with the trust order and had annual general meeting been held regularly, then many of the issues that have arisen to date might have been resolved before any proceedings were ever issued. [34] It should also be remembered that all the trustees are responsible for the decisions that are taken and that they are joint and severally liable for any losses that the trust may have made and for any breach of the trust order and of their duties generally. The trustees are therefore directed...

9. [2018] NZEmpC 129 Secretary for Justice, MOJ v NZ PSA [pdf, 266 KB]

   ...particular, have resulted in court buildings being closed and the public being removed from the buildings for the period of the strike. It appears that during the 30-minute notice period, the CSOs in conjunction with other Court staff may have responsibly assisted with the closure of the buildings and the removal of the public. [12] The substantive proceedings for permanent injunctions and the application for interim injunctions, so far as they relate to the actions by the CSOs,...

10. Faulkner v Hoete - Motiti North C No 1 (2018) 173 Waikato Maniapoto MB 2 (173 WMN 2) [pdf, 323 KB]

    ...objective in filing those proceedings was to shift the burden of resolving the situation from the respondents to the Minister, as the proceedings have been stressful. The respondents had previously attempted to have the Minister and DIA assume responsibility for enforcement of the Plan, however no such steps have yet been taken. The most recent correspondence from DIA advised they are working with local councils to establish an enforcement process. [18] Ms Feint submitted th...