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1. Wouldes v Real Estate Agents Authority (CAC 409) & Ors [2017] NZREADT 36 [pdf, 111 KB]

   ...determined in their appeal, in that it challenges an assertion by Mr Tremain to the Committee that he was only aware of roof and structural issues in the complex to the extent of the information contained in the Body Corporate pre-contract disclosure statement (which did not include either the HBBC report or the Langley Twigg letter, or any other report). [11] They further submitted that the HBBC report was clearly the catalyst to a later “Specific Building Condition Survey” o...

2. ENVC Hearing 6Oct14 WML rebuttal Jon Styles [pdf, 48 KB]

   ...306 2900 / 09 306 2901 Email: richard@brabant.co.nz/jeremy@brabant.co.nz Introduction 1. My full name is Jon Robert Styles. My qualifications and experience are set out in my Evidence in Chief (EIC) dated 29 April 2014. 2. This statement of rebuttal evidence has been prepared in accordance with the Code of Conduct for Expert Witnesses. 3. This statement of rebuttal evidence has been prepared to respond to issues raised in the Joint Expert Witness Statement (Acous...

3. Abraham v Auckland City Council [pdf, 111 KB]

   ...considered, and taken into account when deciding the contribution issue. [44] It is well settled law that a council owes a duty of care to house owners and subsequent owners, in particular regarding the issue of building consents, the carrying out of inspections (if the Council has done the inspections), and the issue of a Code Compliance Certificate. This principle was established by the Court of Appeal in Invercargill City Council v Hamlin [1994] 3 N...

4. Report-of-Helen-Anderson-s.198D-Planning-Report-HDC-KCDC-O2NL-Notice-of-Requirement-FINAL-28-April-2023.pdf [pdf, 13 MB]

   ...particular regard to Section 171(1) matters being: i. Any relevant provisions of – Section 198D Report – Ōtaki to north of Levin Highway Project (Ō2NL Project) Prepared by Helen Anderson – Planning 3 1. A national policy statement; 2. A New Zealand coastal policy statement; 3. A regional policy statement; 4. A plan or proposed plan. ii. Whether adequate consideration has been given to alternative sites, routes or methods of undertaking the work; iii....

5. Report-of-Helen-Anderson-s.198D-Planning-Report-HDC-KCDC-O2NL-Notice-of-Requirement.pdf [pdf, 13 MB]

   ...particular regard to Section 171(1) matters being: i. Any relevant provisions of – Section 198D Report – Ōtaki to north of Levin Highway Project (Ō2NL Project) Prepared by Helen Anderson – Planning 3 1. A national policy statement; 2. A New Zealand coastal policy statement; 3. A regional policy statement; 4. A plan or proposed plan. ii. Whether adequate consideration has been given to alternative sites, routes or methods of undertaking the work; iii....

6. Sexual Violence Legislation Bill [pdf, 154 KB]

   ...will be for the Judge to decide the nature of any direction that may be required (to ensure fairness for all parties involved). There is no inconsistency with the Bill of Rights Act. Better protecting complainants when they present victim impact statements Alternative manner of presenting the victim impact statement 30. Clause 22 of the Bill replaces s 22A of the Victims’ Rights Act. The new provision lists the alternative ways in which all or part of a victim impact statement ma...

7. [2021] NZEmpC 25 Smiths City (Southern) Ltd (in receivership) v Claxton [pdf, 296 KB]

   ...defendants. On 4 February 2021 the defendants applied for a stay. In summary form, the grounds relied on were that: (a) the plaintiff had assigned the rights and benefits of its claims to Smiths City (2020); (b) Mr Claxton and Mr Milne had not consented to that assignment; (c) Smiths City (2020) was the true plaintiff, had control of the proceedings, and had no prior interest in it; (d) the plaintiff had failed to obtain leave to bring proceedings funded by a litigation funde...

8. E68 Colin Williams - Navigation Safety - EIC - Sanford Ltd [pdf, 821 KB]

   DS-002313-210-102-V3 BEFORE THE ENVIRONMENT COURT AT AUCKLAND ENV-2018-AKL-000078 IN THE MATTER of the Resource Management Act 1991 ("RMA") A N D IN THE MATTER of a direct referral of applications for resource consent for the necessary infrastructure and related activities associated with the holding of the America's Cup in Auckland BETWEEN PANUKU DEVELOPMENT AUCKLAND LIMITED Applicant A N D AUCKLAND COUNCIL Regulatory Authority...

9. LCRO 140/2016 and 153/2016 BF v ZL (21 February 2019) [pdf, 230 KB]

   ...negligible risk that the lawyer may be unable to discharge the obligations owed to 1 or more of the clients. 6.1.1 Subject to the above, a lawyer may act for more than 1 party in respect of the same transaction or matter where the prior informed consent of all parties concerned is obtained. 4 [19] Mr BF’s complaints with regard to rr 6 and 6.1 are set out above in paragraph [11]. He does not include anything specific in his letter of complaint. [20] On 20 October 2009, CAB and...

10. [2019] NZEnvC 162 Linnell v Hastings District Council [pdf, 378 KB]

    ...Those abatement notices and appeals against them were the subject of two separate, and now resolved, proceedings. 1 [3] In a Minute of the Court dated 17 April 2019 an evidence exchange timetable was set as follows: (a) Expert Witness Will Say Statements are to be filed by 2 May 2019; (b) Evidence for the Applicant and Regional Council to be exchanged on 10 May 2019; (c) Evidence for the District Council to be exchanged on 7 June 2019; (d) Evidence for the Appellants to be excha...