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1. Director of Proceedings v Te Whatu Ora [2023] NZHRRT 32 [pdf, 461 KB]

   ...2 [1] These proceedings under the Health and Disability Commissioner Act 1994 were filed on 9 November 2022. [2] Prior to the filing of the proceedings the parties resolved all matters in issue and the Tribunal is asked to make orders by consent. The parties have filed: [2.1] A statement of claim dated 9 November 2022 [2.2] A consent memorandum dated 9 November 2022. [2.3] An Agreed Summary of Facts, a copy of which is annexed and marked ‘A’. [3] In the consent memorand...

2. [2022] NZREADT 7 - WM & NU v Real Estate Agents Authority (28 April 2022) [pdf, 317 KB]

   ...clause, the Committee noted that the complainants said they understood its ramifications, but it was Mr Cartwright’s comment not to worry about it because they could move in the following month, which put them at ease. They had relied on this statement. The Committee considered this comment to be misleading and not in good faith. [39] The Committee noted the agency contract and found it difficult to believe that Mr Cartwright had not been involved in other sales in the develop...

3. [2022] NZEnvC 032 Currie v Palmerston North City Council [pdf, 177 KB]

   ...of Issue: 17 March 2022 _________________________________________________________________ DECISION OF THE ENVIRONMENT COURT _________________________________________________________________ A: Determined that a valid application for resource consent was made by the Applicant. 2 B: Costs reserved in favour of the Applicant and Council. REASONS Introduction [1] On 5 March 2021 WSP (a Palmerston North planning consultancy) filed an application with Palmerston North...

4. UN v CD Ltd & CD [2023] NZDT 663 (16 October 2023) [pdf, 112 KB]

   ...of the contract, the other party that has suffered is entitled to a remedy. 4. At the hearings, both parties made verbal submissions and presented evidence including photos, emails/correspondence with [council] and others, designs/plans, various consents approved by [council], and witness statements. CI0301_CIV_DCDT_Order Page 2 of 4 5. At the hearings, UN confirmed that the subdivision had been completed and signed off with all of the requisite certificates issued. He also co...

5. TX v BT [2023] NZDT 401 (7 July 2023). [pdf, 211 KB]

   ...build a cabin with a bathroom in their garden. The respondent is the sole director and shareholder of S Ltd. The applicant claims he paid more than $38,000.00 to S Ltd but the cabin has not been finished, is unusable and does not have any council consent. 2. A search of the New Zealand Companies Register reveals that S Ltd will shortly be removed from the Register. 3. The applicant claims that the respondent either personally engaged in conduct that contravened the Fair Trading A...

6. [2024] NZEnvC 111 Scaife v Queenstown Lakes District Council [pdf, 255 KB]

   ...shares a right of way used to access the Lodge. Mr Scaife opposed the zoning of Matakauri as RVZ, seeking that it revert to Rural Living Zone (‘RLZ’) as was originally notified in the PDP. Although the appeal is in Mr Scaife’s name, by consent he presented his case together with his partner, Ms Christine Byrch. Interim decision [3] The interim decision1 determined that the Modified Rural Visitor Zone is the most appropriate zoning for Matakauri Lodge. The court also found...

7. 29.-Evidence-of-Ms-Ainsley-McLeod-Conditions.pdf [pdf, 563 KB]

   ...ENVIRONMENT COURT OF NEW ZEALAND WELLINGTON REGISTRY I MUA I TE KOOTI TAIAO O AOTEAROA TE WHANGANUI-A-TARA ENV-2023-WLG-000005 Under the Resource Management Act 1991 In the matter of the direct referral of applications for resource consent and notices of requirement under sections 87G and 198E of the Act for the Ōtaki to North of Levin Project By Waka Kotahi NZ Transport Agency STATEMENT OF EVIDENCE OF AINSLEY JEAN MCLEOD ON BEHALF OF WAKA KOTAHI NZ TRANSPORT...

8. Witana v Tau - Omapere Taraire E (2019) 191 Taitokerau MB 1 (191 TTK 1) [pdf, 535 KB]

   ...general meeting in December last year became disruptive and was closed down. Both sides seek assistance from the Court to convene a further AGM. [15] The minority trustees also sought two further orders. On 21 November 2018, I granted an order, by consent, that the 2018 easement can be executed and registered by a majority of trustees.2 The minority trustees also sought an order that they be absolved from any liability arising from the grant of the easement per cl 5.2.5 of the trus...

9. Horan - Hiwarau C (2015) 118 Waiariki MB 25 (118 WAR 25) [pdf, 180 KB]

   ...opinion that the partition would not affect the residual value of Hiwarau C, apart from the removal value and that the Pukepuke whānau would not get anything more than was originally amalgamated into Hiwarau C. … [16] I note that a resource consent report was also obtained from the Opotiki District Council Environment and Planning Manger. That report recommends consent be given subject to a Māori Land Court partition order being made and other requirements as to subdivision be...

10. [2013] NZEmpC 20 NZPPTA & Gray v Secretary for Education & Cambridge High School [pdf, 64 KB]

    ...delivered in this proceeding. The first by Chief Judge Colgan dated 14 December 2012 1 and the second by myself dated 13 February 2013. 2 The new matters before the Court relate to a late application by the defendant for leave to file an amended statement of defence, which is objected to by the plaintiff, and a challenge by the plaintiff to the 1 [2012] NZEmpC 214. 2 [2013] NZEmpC 13. admissibility of a brief of evidence of...