Search Results

1. LCRO 104/2019 RY v DN (1 May 2020) [pdf, 273 KB]

   ...contribution was diminished as a consequence of a failure on her part to meet her reasonable obligations in respect to maintenance of the property, matters which were addressed by the Court; and (o) Mr DN had provided Ms RY with a copy of the settlement statement following completion of the purchase; and (p) Ms RY was incorrect to contend that Mr EW held Ms EJ’S power of attorney at the time of the purchase; and 6 (q) Mr DN held no information confidential to Ms RY which com...

2. [2020] NZEnvC 187 Haines House Haulage Northland Limited v Whangarei District Council [pdf, 5.9 MB]

   ...Memorandum: AJ Webb for Haines House Haulage Northland Limited (HHH) GJ Mathias for Whangarei District Council (the Council) Date of Determination: 4 November 2020 Date of Issue: 4 November 2020 DETERMINATION OF ENVIRONMENT COURT JUDGE J A SMITH A: Consent is granted for the temporary storage of relocatable houses at 31 Piano Hill Road, Whangarei in accordance with the Terms and Conditions thereof attachment 1 and the Revised Plans attachment 2 and Vegetation Management Plan attach...

3. Mayfair Street Units v Spargo [pdf, 54 KB]

   ...evidence may arise in the course of adjudication. Lynn Eval Spargo & Merlyn Ruth Spargo 6. Lynn Eval Spargo and Merlyn Ruth Spargo, the first respondents have applied to be removed from these proceedings. 7. The application was deferred with the consent of the parties. Lindsay Andrew John Mack 8. Lindsay Andrew John Mack has applied for removal on the grounds that he was not a party to the construction contracts. Mr Mack says that Norfolk Homes Limited (Norfolk) organised l...

4. [2018] NZEnvC 157 Royal Forest Bird Protection Society of New Zealand Incorporated v Bay of Plenty Regional Council [pdf, 20 MB]

   ...of agreement. They too supported the two additional changes sought by the NZTA, but these were the subject of separate submission. [13] The parties did not discuss the agreed provisions in any detail nor address the underlying coastal policy statement provisions, regional policy statement provisions or the objectives of the policy supporting them. Instead, they asked that the Court to proceed as if this was a consent order for the agreed Infrastructure wording, given that the part...

5. White v Rodney District Council [pdf, 101 KB]

   ...[26] The claimants have now been advised by Mr Paul Ranum of Mallard Cooke Brown Limited (the claimants’ quantity survey expert) that the repair costs for the house will be $401,000.00. Page 9 THE CLAIM [27] The claimants filed a statement of claim with this Tribunal on 31 October 2007 setting down the following causes of action: Firstly, the claimants allege that the first respondent, Rodney District Council is liable for: (i) negligently issuing the building co...

6. Middlemass & Ors as Trustees of the SE & SD Middlemass Family Trust v NZ Log Chalets Ltd [pdf, 144 KB]

   ...“hands on” part in the contract negotiations, the design and the construction of the dwelling. [5] The Third Respondent, (ODC) is the local Territorial Authority within whose district the dwelling was constructed. It issued the Building Consent and undertook inspections of the dwelling while under construction and subsequently. [6] The Fourth Respondent, (now struck out) BSK Consulting Engineers Limited is a limited liability company which issued the producer statement...

7. [2019] NZEnvC 133 Darby Planning Limited Partnership v Queenstown Lakes District Council [pdf, 25 MB]

   ...provisions of Ch 3 were assigned to Topic 2, they were traversed to some extent in evidence and submissions for Topic 1. Additional policies on resorts and visitor industry activities in rural areas were proposed in evidence and in a joint witness statement of planning witnesses ('JWS Planning').10 Various parties addressed these matters in their closing submissions. 11 QLDC also noted that there is a policy gap in Ch 3 in regard to biodiversity, a Topic 4 matter that has ye...

8. Tan v Chief Executive Ministry of Social Development (Non Party Access to Tribunal File) [2016] NZHRRT 2 [pdf, 69 KB]

   ...Mr KH Tan in person Ms K Laurenson and Ms E Devine for defendant DATE OF HEARING: Heard on the papers DATE OF DECISION: 9 February 2016 DECISION OF TRIBUNAL DECLINING NON-PARTY ACCESS TO TRIBUNAL FILE1 Introduction [1] By statement of claim filed on 14 October 2015 Mr Tan complains of the decision by the Ministry of Social Development (MSD) to the effect that payments made to him under the New Zealand Superannuation and Retirement Income Act 2001 must be reduced b...

9. O'Reilly v Registrar of the Real Estate Agents Authority [2016] NZREADT 78 [pdf, 172 KB]

   ...supporting Mr O’Reilly’s submission that he was advised that he did not have to answer “Yes” to question (i). [b] As to Mr O’Reilly’s visits and/or telephone calls to the Police, which may be significant in determining the nature of the statements Mr O’Reilly is said to have provided to the Police, or been invited to provide. Mr O’Reilly submitted that these supported his assertion that he had tried hard to deal with the complainants’ allegations against him but...

10. E13 Stephen Priestley - Infrastructure and Coastal Processes - EIC - Applicant [pdf, 1.3 MB]

    BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA ENV-2018-AKL-000078 IN THE MATTER of the Resource Management Act 1991 (RMA) AND IN THE MATTER of the direct referral of applications for resource consent for the necessary infrastructure and related activities associated with holding the America's Cup in Auckland BETWEEN PANUKU DEVELOPMENT AUCKLAND Applicant AND AUCKLAND COUNCIL Regulatory Authority EVIDENCE OF STEPHEN JOHN PRIESTLE...