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1. LCRO 76/2022 & 81/2022 PF v BA (13 May 2024) [pdf, 243 KB]

   ...had Mr BA acted competently. Lost rental – $6,240 [66] Mr PF says that because of the inadequate advice, settlement of the transfer of the property to himself and his wife took place four months later than would otherwise have occurred. He claims 13 weeks at the current weekly rental of $480 = $6,240. Increase in purchase price – $15,000 [67] Mr BA calculates this amount as being one half of the increase in value of the property between November 2020 to May 2021. Change i...

2. [2019] NZEmpC 181 A Labour Inspector v New Zealand Fusion International Ltd [pdf, 299 KB]

   ...[67] The requirement to pay a bond for securing employment, while made outside of this jurisdiction, is an aggravating factor. Previous conduct [68] Neither defendant has previously appeared in the employment institutions in respect of claims involving the Labour Inspectorate, although issues of non-payment of correct holiday pay have arisen. These were resolved through discussion and I do not place any weight on them as an aggravating (or mitigating) factor. The point is...

3. Motiti Rohe Moana Trust and Others v Bay of Plenty Regional Council - Notes of Evidence - 27 November 2017 [pdf, 1.8 MB]

   BEFORE THE ENVIRONMENT COURT AT AUCKLAND ENV-2015-AKL-000134 ENV-2015-AKL-000140 ENV-2015-AKL-000141 BETWEEN MOTITI ROHE MOANA TRUST (ENV-2015-AKL-000134) NGĀTI MAKINO HERITAGE TRUST (ENV-2015-AKL-000140) NGĀTI RANGINUI IWI SOCIETY INCORPORATED (ENV-2015-AKL-000141) Appellants AND BAY OF PLENTY REGIONAL COUNCIL Respondent Hearing Commenced: 27 November 2017 held in Courtroom MERK w003 Court: Judge J Smith Judge D Kirkpatrick Commissioner K Prime

4. LCRO 69/2021 ID v KZ and UG (7 September 2023) [pdf, 327 KB]

   ...them. These extended to potential bankruptcy and/or sale of significant business assets to meet this judgement as well as further exposure to costs awards where litigation was unsuccessful. This risk was compounded by the potential for actionable claims against the complainants’ previous lawyers, and the potential to compromise those claims through missteps in the subsequent litigation handled by Mr ID. (g) He considered that Mr ID had the experience and expertise required to handle...

5. 15-Damien-McGahan-Planning-statutory-assessment.pdf [pdf, 612 KB]

   Barristers and Solicitors Wellington Solicitors Acting: David Randal / Thaddeus Ryan / Frances Wedde Email: david.randal@buddlefindlay.com Tel 64-4-499 4242 Fax 64-4-499 4141 PO Box 2694 DX SP20201 Wellington 6140 IN THE ENVIRONMENT COURT OF NEW ZEALAND WELLINGTON REGISTRY I MUA I TE KŌTI TAIAO O AOTEAROA TE WHANGANUI-Ā-TARA ROHE ENV-2020-WLG-00014 UNDER the Resource Management Act 1991 IN THE MATTER OF a notice of motion under section 87G of the Act seeki

6. [2024] NZEnvC 025 Shundi Queenstown Limited v Queenstown Lakes District Council [pdf, 2.6 MB]

   ...and QLDC.14 In light of those developments, QLDC changed its position to one of support for the grant of consent on those agreed conditions.15 [12] 13 14 15 However, several residents (as s274 parties) remained opposed to the Joint witness statement (1WS') of Stephen Hewett and Mike Smith, transportation engineers, dated 12 March 2021 QWS - Transport). JWS dated 12 March 2021, Ashley Muir, Garth Falconer and Paula Costello QWS- Urban Design);JWS dated 23 March 2021,John Edmo...

7. Appendix-13-Combined-Section-92-NOR-and-Resource-Consents.pdf [pdf, 771 KB]

   ...plans, particularly when it appears the intent is to integrate as much planting as possible to “maximise” connectivity? 23. A planting specification has not been provided as part of the application, therefore it is difficult to assess whether the statement that the proposed tree land offset (by number of trees) is the more conservative approach (as opposed to offset by area) (Para 269). Could the Applicant please provide additional information on this matter, including the anticipa...

8. Butler v Accident Compensation Corporation (Personal Injury, Causation) [2023] NZACC 165 [pdf, 540 KB]

   ...Evidence ........................................................................................... [62] Initial Assessment .............................................................................................. [63] Accident Compensation Claim .......................................................................... [69] 2008 ................................................................................................................... [74] Corporation Telephone Record ......

9. Kereopa v Gray – Aramiro Trust (2016) 113 Waikato Maniapoto MB 245 (113 WMN 245) [pdf, 233 KB]

   ...246 Introduction [1] This decision concerns applications for a review and enforcement of the obligations of the Aramiro Trust (“the Trust”) pursuant to ss 231 and 238 of Te Ture Whenua Māori Act 1993 (“the Act”). The applicants claim there have been ongoing issues with the management and condition of the Trust’s farm, and that the trustees are failing to address concerns of the owners in any meaningful way. They further claim that there is a lack of financial tr...

10. CAC306 v Zhou & Anor [2016] NZREADT 12 [pdf, 212 KB]

    ...his second interview with the Authority, Mr Zhou stated that he had produced the false appraisals because, generally in his view, Barfoot & Thompson rental appraisal amounts were too low and property managers took too long to produce them. He claimed that Sean Ban had pressured him to provide the appraisals quickly. Mr Zhou has stated in evidence that except for two private sales, the properties had been sold at auctions where the purchasers already had their finance approved. He h...