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1. [2019] NZEnvC 022 Fitzgerald v Kaikoura District Council [pdf, 1.8 MB]

   ...Holder shall provide a separate stormwater connection for Lot 1 and Lot 2. 16. Stormwater from hardstand or roofed areas sha ll not discharge across neighbouring boundaries, unless suitably protected by easements. 17. The consent holder shall be responsible for ensuring that the stormwater pipe serving Lot 2 onto Hasting is inserted under the footpath and the discharge pipe to the kerb. The consent holder is responsible for all works and costs associated with the placement of the stor...

2. LCRO 65/2017 IR v NW and EN (18 April 2019) [pdf, 155 KB]

   ...EN’s duty is to Mr NW and he has no duty to protect and promote the interests of Mr IR. Mr EN’s duty to Mr NW includes acting on his client’s instructions and it is in the context of those instructions that Mr EN has provided submissions in response to complaint 14364. Mr NW is entitled to take a position that does not accord with the position taken by Mr IR and his brother and is entitled to instruct Mr EN to advance that position in submissions provided to ASC2. For his part, M...

3. C v I [2018] NZIACDT 20 (18 June 2018) [pdf, 213 KB]

   ...situation into account when deciding the complaint. He is not able to understand the complaint due to his health; family members have been cooperative, but they are not licenced immigration advisers. I am dealing with the complaint without any response from Mr I, but this is not due to any fault on his part. [4] The Registrar, as the Tribunal’s rules require, issued a notice of complaint. It sets out the grounds for complaint she thinks have been established. She provided the w...

4. K v I [2018] NZIACDT 22 (18 June 2018) [pdf, 214 KB]

   ...situation into account when deciding the complaint. He is not able to understand the complaint due to his health; family members have been cooperative, but they are not licenced immigration advisers. I am dealing with the complaint without any response from Mr I, but this is not due to any fault on his part. [4] The Registrar, as the Tribunal’s rules require, issued a notice of complaint. It sets out the grounds for complaint she thinks have been established. She provided the w...

5. Q v I [2018] NZIACDT 16 (18 June 2018) [pdf, 214 KB]

   ...situation into account when deciding the complaint. He is not able to understand the complaint due to his health; family members have been cooperative, but they are not licenced immigration advisers. I am dealing with the complaint without any response from Mr I, but this is not due to any fault on his part. [4] The Registrar, as the Tribunal’s rules require, issued a notice of complaint. It sets out the grounds for complaint she thinks have been established. She has provided t...

6. Q v I [2018] NZIACDT 18 (18 June 2018) [pdf, 213 KB]

   ...situation into account when deciding the complaint. He is not able to understand the complaint due to his health; family members have been cooperative, but they are not licenced immigration advisers. I am dealing with the complaint without any response from Mr I, but this is not due to any fault on his part. [4] The Registrar, as the Tribunal’s rules require, issued a notice of complaint. It sets out the grounds for complaint she thinks have been established. She provided the w...

7. Hunia v Hunia - Whiritoa Rangitaiki 603B4B2 Block (2020) 247 Waiariki MB 27 (247 WAR 27) [pdf, 206 KB]

   ...alive without hearing from them first. The trustees need to be heard and so formal notice must be given to them before any such orders can be discussed let alone enforced. [23] I do note that letters were sent to all of the trustees and yet no response has been received. At the next hearing of this application the trustees will need to be summonsed to attend, either in person or by audio visual means if that is more convenient. If they fail to attend, without reasonable excuse,...

8. [2021] NZEnvC 022 Timberlink New Zealand Limited v Marlborough District Council [pdf, 2.3 MB]

   ...mid-2020 there has been a relatively extensive process of engagement with MDC and parties on case management. That has included the filing of several memoranda by MDC proposing approaches to the sequential consideration of topics in the appeals and responses to these from several parties (including Friends and the other participants in the conference). That has informed the making of several case management directions by 1viinute. In essence, that has provided a relatively detailed...

9. KIT v Zhu [2019] NZIACDT 46 sanctions (8 July 2019) [pdf, 126 KB]

   ...Mr Zhu did actually engage with the client though not at the commencement of the instructions. [33] I also take into account Mr Zhu’s strong commitment to professional development for himself, his other licensed advisers and his staff. He responsibly treated the complaint as a learning exercise. I have also taken into account his offer to pay some compensation, even where it has not been shown that the individual items of compensation claimed were caused by his conduct. Comp...

10. [2020] NZEnvC 105 Tussock Rise Limited v Queenstown Lakes District Council [pdf, 228 KB]

    ...“enforce this approach”9. [7] The Council referred to the notice of appeal filed by TRL which expressly challenged the Council’s decision that TRL’s submission was not “on” Stage 1 of the PDP10. The strike out application was made in response to this challenge on the basis that the relief sought by TRL lacked jurisdiction11. The Council explains this stemmed from its own understanding of the preparation and notification of Stage 1 of the PDP and