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1. Brebner & Anor v Collie & Anor [2013] NZWHT Auckland 23 [pdf, 113 KB]

   ...tort been established, the degree of contributory negligence on the part of the claimants would be high. In respect of the contractual claim she found that failure to complete the works in accordance with conditions 14 and 16(e) of the building consent gave rise to a breach of warranty. [3] Condition 14 required the house to be constructed in accordance with NZS 3604:1999 which required joints between windows and doors to be made weatherproof. I found that two windows insta...

2. Engelbrecht TRI-2020-100-007 Procedural Order 6 [pdf, 185 KB]

   ...given was the sale of the dwelling. He was notified by the WHRS of the closure of the claim on 8 October 2008. [24] Another assessor’s report was issued on 11 March 2009. [25] The council issued a notice to fix on 11 January 2010. 15 Statement of Claim (11 November 2020), “Chronology of Events”. 16 Assessor’s eligibility report (5 September 2008) at [10]. 7 [26] On 19 August 2010, the council issued building consent for repairs. The designer was Mr Foley...

3. [2007] NZEmpC WC 21/07 Electrotech Controls Ltd v Rarere [pdf, 45 KB]

   ...plaintiff challenges only the part of the Employment Relations Authority determination about the nature of the employment relationship. It does not seek a full hearing of the entire matter by way of a de novo hearing. The challenge [5] In her statement of defence, the defendant denied some of the plaintiff’s versions of the facts as set out in the statement of claim, asserted her own view of the facts, and raised a cross-challenge about the application of s66 of the Employment...

4. Waitangi Tribunal Vol 3 Kāhui Maunga Report [pdf, 13 MB]

   t e K ā h u i M a u n g a Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz t e K ā h u i M a u n g a The National Park District Inquiry Report Volume 3 Waitangi Tribunal Report 2013 Wai 1130 Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz National Library of New Zealand Catalo

5. [2020] NZEnvC 174 Hamilton City Council v Global Metal Solutions Limited.pdf [pdf, 3.7 MB]

   ...site by Council, Styles Group and Marshall Day Acoustics (Marshall Day} confirm that the site is regularly in breach of the noise limit in Rule 25.8.3.7a) of the District Plan (District Plan Noise Rule}; (b) the respondents do not hold resource consent to exceed the limit in the District Plan Noise Rule; (c) the noise emissions from the GMS site have resulted in numerous complaints to Council since 2014; (d) the noise emissions from the GMS site are offensive and objectionable to the...

6. E90 Graeme McIndoe - Urban Design - RE – Applicant [pdf, 967 KB]

   ...3.4 I cover the following in this evidence: a) A summary of the agreed changes to the Design Requirements. This supplements my annotations on Attachment 1 to the 31 August JWS. b) Matters pertaining to the Design Requirements as raised in the statements of evidence of Mr Groeschner and Mr Gladwell. c) Confirming means of providing for coastal edge access. 2 EB Vol 2, E31A. 2616 4 4. DESIGN REQUIREMENTS: FINAL AGREED VERS...

7. [2021] NZEnvC 189 Bridesdale Farm Developments Ltd v Queenstown Lakes District Council [pdf, 3.6 MB]

   ...Figs 3 and 4,8 fingers of residential development undertaken for Lake Hayes Estate run over the crest of the embankment to some small terraces approximately halfway down its face. Several dwellings in Bridesdale rim its edge. [8] Bridesdale was consented, in 2015, as a 'Special Housing Area' ('SHA') under special legislation that bypassed the RLvlA. The dwellings that rim the embankment have residential zoning and are within the UGB (which runs along the same low...

8. LCRO 123/2019 & 124/2019 MC v QK and QK v MC (3 March 2020) [pdf, 199 KB]

   ...referred to in (a) above, in circumstances where there was more than a negligible risk he would be unable to discharge the obligation he owed to one or more of the clients for whom he was acting. (c) Whether Mr MC obtained the prior informed consent of Mrs QK and the other parties for whom he was acting, in connection with the matters referred to in (a) above, to act for more than one party, in respect of the same matters, in accordance with r 6.1.1 of the Rules. [18] The Standa...

9. 2023-09-26-Evidence-of-Tim-Kelly-Transport.PDF [PDF, 468 KB]

   ...the confirmation provided in my s198D Report that I have read and agree to comply with the Code of Conduct for Expert Witnesses contained in the Environment Court Practice Note 2023. This evidence has been prepared in accordance with that Code. Statements expressed in this evidence are within my area of expertise, except where I state I am relying on the opinion or evidence of other witnesses. P a g e | 2 C. SCOPE OF EVIDENCE [7] My evidence addresses the following:...

10. Hamilton v Trustees of Erepeti Marae - Tuahu 3X (2009) 128 Wairoa MB 77 (128 WR 77) [pdf, 931 KB]

    ...Management Issues [54] The issue for Mr Hamilton here was that the trustees failed to support the Tahora 2F2 Incorporation attempts to close a paper road to prevent members of the public accessing their land, but supported a resource management consent process for developments on Waikatea Station by Bayly Trust. Under cross examination by Mr Harman, Mr Hamilton acknowledged that the road Tahora 2F2 Incorporation were concerned about did not traverse the Tuahu 3X Maori Reservation. I...