Search Results

1. District-Court-Electronic-Filing-Amendment-Rules-2023.pdf [pdf, 368 KB]

   ...Legislation Guidelines (2021 edition), which are maintained by the Legislation Design and Advisory Committee. Treaty analysis 17 These amendments support the Crown to exercise its obligation under te Tiriti o Waitangi to exercise kāwanatanga in a responsible manner and promote equitable access to justice and court services. 18 Māori are more likely to live in rural areas where physical access to the courts is difficult. Māori are also more at risk of digital exclusion, particularly tho...

2. [2024] NZEnvC 011 Swap Stockfoods Limited v Bay of Plenty Regional Council [pdf, 198 KB]

   ...notify the proposed plan change by the end of November 2023. It considered the preferable course of action would be to provide further time for 8 Minute of the Environment Court, dated 12 December 2023, at [5] – [6]. 6 consideration of responses to the draft provisions and make any necessary amendments, before publicly notifying the changes in early January 2024. This would still align with the Court’s timeframes set out in Appendix C to the Second Interim Decision....

3. Te-Au-Reka-Capability-Model_October-2022.pdf [pdf, 1.5 MB]

   ...casebooks / bundles of documents Users can identify the required documents for the casebook / bundle and collate them in a manner that meets the requirements for the court hearing. In some jurisdictions (eg civil), the counsel normally has the responsibility of compiling the casebook / bundle of documents and presenting to the court for filing. Therefore, the key features below should be applicable to both internal and external users. Distribute documents Registry can distribute docum...

4. [2024] NZEnvC 007 Teasdale v Te Marua Golf Club Inc [pdf, 172 KB]

   ...considers to be the single dominant cause. I do not consider there is any single dominant cause, and that erosion of the Teasdale cliff can be explained by the natural and man- induced changes to the alignment of the river, for which the Club is not responsible. To the extent that there is any dominant cause of the erosion of the Teasdale cliff, I consider that dominant cause would be the significant change to the alignment of the channel between 2850 and 2870 that occurred after 1951 but...

5. LG v OE [2023] NZDT 48 (30 January 2023) [pdf, 199 KB]

   ...that the next step was to take the spa pool to his workshop, strip it back and fix it. He said that as the spa pool was fully insulated, it was difficult to find the leak. 17. After TI visited the property LG began to have difficulty in obtaining responses from OE. She said that around 28 October, nearly three months after she received the spa pool, she indicated to OE that she wished to return the spa pool. CI0301_CIV_DCDT_Order Page 3 of 4 18. The leak in the spa pool ha...

6. Tauranga-City-Council-election-OIC_FINAL.pdf [pdf, 525 KB]

   ...held on Saturday, 20 July 2024. This election is a local triennial general election under the Local Electoral Act 2001. A local triennial general election places obligations on certain parties 5 Under the Local Electoral Act, local authorities are responsible for running local triennial general elections. Under the Electoral Act 1993 (Electoral Act), the Electoral Commission is responsible for maintaining the electoral rolls, promoting voter enrolment, and verifying special voter eligibi...

7. [2024] NZEmpC 159 Batta v Auckland Catering Ltd [pdf, 197 KB]

   ...first defendant, Auckland Catering Ltd, and signed the settlement agreement on behalf of himself and the first defendant. The defendants were jointly and severally liable under the terms of the settlement agreement. They therefore shared equal responsibility when defaulting on the terms of the settlement agreement and the subsequent compliance order made by the Authority. In the circumstances, I consider that a fine of $2,000 be imposed on the defendants and that they be jointly...

8. DD & UD v AX & Ors [2024] NZDT 187 (26 March 2024) [pdf, 212 KB]

   ...expect payment of the issued invoice for $1743.63 and that it was only issued because the boss was angry when he found out their salesperson had given the [courtesy car] to DD and UD without authority. That, of course, is not N Ltd’s customers’ responsibility, and N Ltd’s recognition that hire payment is not due, is formalised via a declaration of non-liability. Are UD/DD liable to pay costs of repair to the [courtesy car]? 20. The circumstances of UD’s collision are such t...

9. [2023] NZEnvC 260 Summerset Villages (Waikanae) Ltd v Wellington Regional Council [pdf, 225 KB]

   ...consent. Note 2: The purpose of this condition is to protect the built environment, and prioritise water for public use in accordance with Te Mana o Te Wai. Note 3: For the purposes of this condition, Greater Welington Regional Council will be responsible for notifying the consent holder when the applicable trigger levels under Condition 8 have been exceeded. Table 1. Identified monitoring bores and trigger levels Well ID Triggers L1-Alert L2-Action L3-Cease Sentinel #2 Deep...

10. EI & OI v TS & NS [2023] NZDT 477 (28 August 2023) [pdf, 336 KB]

    ...find on the balance of probabilities that the vendor, that is, TS and NS have breached this clause. A purchase of a house, especially one that is a few years old is subject to the principle of caveat emptor (buyer beware) whereby the purchaser is responsible to undertake their own investigation to discover any matters they consider important when buying a property. Were TS and NS aware of the damage? 15. As there is no breach of contract, we now look to determine whether TS and NS...