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1. [2019] NZEnvC 061 Tonea Investments NZ Ltd v Auckland Council [pdf, 6.1 MB]

   ...transportation personnel and "other crew" including coaches, a publicist, a payroll accountant, various coordinators, and an animal trainer! Relevant Auckland Unitary Plan provisions Rules [19] The declaration is sought on the back of a consented activity proposed for a property in Takanini. The starting point is the zoning and any overlay provisions which apply to that property. The starting point of the consideration was the zoning of that property as Business - Ligh...

2. [2024] NZIACDT 14 – SC v Murthy (23 April 2024) [pdf, 166 KB]

   ...professional disciplinary proceedings. However, the quality of the evidence required to meet that standard may differ in cogency, depending on the gravity of the charges.9 From the Registrar [27] The Tribunal has received from the Registrar the statement of complaint (22 December 2023), with supporting documents. From the complainant [28] There is a statement of reply (10 January 2024) from counsel. He records the full fees and expenses incurred by the complainant. From the ad...

3. RM ND and DD v EQC & VERO Insurance New Zealand Ltd (costs) [2023] CEIT-2019-0074 [pdf, 128 KB]

   ...subjective element in considering “bad faith”, the test for “without substantial merit” is objective. The allegations in issue [14] Vero’s position was that it was entitled to decline the claim as it was a term of the policy that all statements made by the trust in support of the policy or any claim made under it be complete and correct in all respects. Vero argued that it was entitled to decline the claim or avoid the policy for breach of the “statements exclusion...

4. 2021-04-07 Minute - PC7 - Deemed Permits [pdf, 199 KB]

   ...in the RMA such that every current mining privilege or right was deemed to be a water permit if it authorises something that would otherwise contravene s 14 RMA.5 In addition, these deemed water permits were deemed to include as a condition of consent the right of 1 ‘Non-regulatory’ in the sense of actions taken by permit holders in relation to regulating flows in the waterbodies. 2 Weeks 4-6 mainly comprise parties and witnesses from the primary sector. 3 See RMA 413(1)(a...

5. Miller v CAC 10017 & McAtamneys [2012] NZREADT 25 [pdf, 127 KB]

   ...licensee. The Rules provide that a licensee must ensure that they are open and honest with a purchaser so that they are not misled in their decision to make an offer to purchase a property. There does not need to be any reliance by the purchaser on the statements (or lack of statements) by the agent and it is clear that a duty of utmost good faith is required from the agent.” [32] We are conscious that, under s.74 of the Act, any person may make a written complaint to the Authorit...

6. [2014] NZEmpC 57 Radius Residential Care Ltd v Hammond Interlocutory [pdf, 47 KB]

   ...conditions as (i) above. iv) Pending further order of a Judge, the defendant is to remain away from the worksite at Matua, Tauranga. [7] The plaintiff is to pursue this challenge diligently and expeditiously. Once the respondent has filed a statement of defence in these proceedings the Registrar will allocate a telephone directions conference date so that the matter may be progressed. [8] Leave is reserved to either party to apply for further orders or directions. [9]...

7. 26 February 2018 Walden & SKP Incorporated v Auckland Council [pdf, 447 KB]

   ...against the decision of AC to permit Kennedy Point Boat Harbour Ltd to construct and operate a marina at Donald Bruce Road Kennedv Point Waiheke Island. ENV-2017 -304-000055 Applicant: Kennedy Point Boat Harbour Ltd Appeal Against Decision Of Consent Authority pursuant to Section 120 of the Resource Manaqement Act 1991 Court Reference: ENV-2017 -AKL-000076 ii. SKP Incorporated v Auckland Council Applicant: Kennedy Point Boat Harbour Ltd Appeal Against Decision Of Consent Authori...

8. 23 September 2020 Clutha District Council v Otago Regional Council [pdf, 121 KB]

   ...happen where the hearing time allocated by the Court is not used. 2. EVIDENCE The parties must (subject to any existing timetable order or direction of the Court): Exchange no later than 10 working days before the date of hearing - all of the statements and evidence that will be produced to the Court at the hearing. 3. MĀORI LANGUAGE AND SPECIAL REQUIREMENTS If any party or witness: 1. wishes to speak Māori at the hearing under the Māori Language Act 1987, or 2. has...

9. Interpreter application form and checklist [pdf, 193 KB]

   ...interpreters into CMS based on recommendation of Court Managers, email interpreter the Welcome Guide and issue ID. Court Managers – Conduct an interview to determine if applicant is suitable. Advise CR if interpreter can be approved. Privacy statement We collect personal information from you; including your name, address, contact details. We collect this, so we have all the information needed to process your application. mailto:interpreters@justice.govt.nz Please provi...

10. [2024] NZEnvC 165 Meridian Energy Ltd v Otago Regional Council [pdf, 215 KB]

    ...Energy Limited; (d) Meridian Energy Limited; (e) Oceana Gold New Zealand Limited; and (f) Transpower New Zealand Limited. [2] The appeals are in relation to the non-freshwater planning instrument parts of the proposed Otago Regional Policy Statement 2021. [3] EDS filed the notices with the court and served the above appellants on 5 June 2024. Service was required by 12 June 2024. On 8 July 2024, EDS became aware that it had not served its notices on the respondent. EDS then s...