Search Results

1. LCRO 75/2016 XN and WN v VO (25 February 2019) [pdf, 242 KB]

   ...[7] In the early part of 2012, a neighbour (the neighbour) whose property also had a right-of-way over the main access, approached Mr VO and Mr XN about [the neighbour's] intention to subdivide his property. In order to obtain a subdivision consent from the Council, the neighbour had to form (construct) the main access to, at least, Council standards. [8] In the second half of 2012 the parties had discussions and exchanged communications about contributions towards the cost of...

2. [2011] NZEmpC 7 Smith v Life to the Max Horowhenua Trust [pdf, 94 KB]

   ...HOROWHENUA TRUST Defendant Hearing: by memoranda filed on 3 and 22 December 2010 Judgment: 8 February 2011 COSTS JUDGMENT OF JUDGE A D FORD [1] I concluded my judgment in this case, dated 15 November 2010, with the following statement in relation to costs: 1 [35] In all the circumstances, my preliminary view is that the justice of the case can best be met through an order requiring each party to bear their own costs but if Mr Drummond takes a different view...

3. [2014] NZEmpC 3 NZ Amalgamated Engineering Printing & Manufacturing Union v Sealed Air (NZ) [pdf, 38 KB]

   ...trial. The best assessment I can make is by discerning the parties’ positions on this issue from the pleadings and comparing that to the agreed outcome. [7] When the proceeding was removed into the Court, the plaintiff was required to provide a statement of claim to replace the statement of problem lodged in the Authority. The defendant then provided a statement of defence and counterclaim which was subsequently amended. Those documents defined the issues before the Court....

4. [2024] NZEnvC 258 Valentine v Auckland Council [pdf, 218 KB]

   ...Date of Issue: 23 October 2024 DECISION OF THE ENVIRONMENT COURT 2 A: The Council is granted leave to have minimal involvement in the appeal hearing on the following basis: (a) it confirms support for its decision on the resource consent application; (b) it has junior counsel present at the hearing to assist with any issues that may arise; (c) it may have input into conditions should the appeal be refused; and (d) its rights to be heard on the issue of costs are r...

5. Restorative justice: Best practice framework August 2019 [pdf, 1006 KB]

   ...providers and facilitators delivering restorative justice services should be familiar with these and their day-to-day decisions and actions should reflect them. Participation is VOLUNTARY throughout the restorative justice process Informed consent is always sought from participants, victims determine their own level of participation and all outcomes are arrived at voluntarily The victim and the offender are the CENTRAL PARTICIPANTS in the restorative justice p...

6. Leaning Rock Cherries Ltd - EiC - E Weaver (5 February 2021) [pdf, 242 KB]

   ...SOCIETY LTD 22. Both Mr Morrison and Leaning Rock Cherries operate within the Manuherikia irrigation scheme command area in Otago and are shareholders of MICS. I am aware that MICS has recently applied for the replacement of their water take consents including DP 2001.505.V1 which expires on 1 October 2021. 23. MICS manages, via the Supply Agreement, the supply of irrigation and frost fighting water provided to approximately 390 water users in their command area. KEY CONCE...

7. 11.1. Appendix 1 to JWS 11 - Draft Amendments to PC7 [pdf, 359 KB]

   ...permits expiring in 2021 • any other water permits expiring prior to 31 December 2025, the date by which the new Regional Land and Water Plan (LWRP) is expected to be operative. The Plan Change also establishes a requirement for short duration consents for all new water permits granted under the operative Water Plan rules. The provisions will enable the assessment of applications and issuing of resource consents subject to conditions for a short duration during which time a n...

8. 9.1 Appendix 1 to JWS 9 - Recommended Amendments to PC7 [pdf, 423 KB]

   ...permits expiring in 2021 • any other water permits expiring prior to 31 December 2025, the date by which the new Regional Land and Water Plan (LWRP) is expected to be operative. The Plan Change also establishes a requirement for short duration consents for all new water permits granted under the operative Water Plan rules. The provisions will enable the assessment of applications and issuing of resource consents subject to conditions for a short duration during which time a n...

9. [2024] NZEnvC 291 Strain v Queenstown Lakes District Council [pdf, 3.2 MB]

   ...appeal but sought to materially modify relevant provisions of Chs 24 and 27 for each of the appeal Sites (albeit on a basis that satisfies QLDC as being appropriate). [5] In accordance with the court’s directions, the parties filed joint witness statements (‘JWS’) by the landscape and planning experts in support of the settlements reached (‘JWS – landscape (2)’; ‘JWS – planning (2)’).5 That included agreed associated proposed PDP provisions to implement a Modified...

10. [2025] NZIACDT 31 – LY x Jiang (16 June 2025) [pdf, 240 KB]

    ...breaching cl 1. 5. Failing to confirm in writing to the complainant when his application had been lodged and then approved, alternatively breaching cl 26(b). 6. Failing to declare a potential conflict of interest and obtain the complainant’s consent to representation, alternatively breaching cls 5 and 6. 7. Failing to retain the visa application in the client file, alternatively breaching cl 26(a)(i). 8. Failing to retain records of communications in the client file, alternative...