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1. [2018] NZEnvC 096 Clevedon Protection Society 2017 Incorporated v Auckland Council [pdf, 31 MB]

   ...COUNCIL Respondent Court: Environment Judge D A Kirkpatrick Date of Decision: 2 5 J UN 2018 Date of Issue: 2 5 J UN 2018 DETERMINATION OF THE ENVIRONMENT COURT [A] Under s 116(1) of the Act, the Environment Court directs that the resource consents shall, subject to the amended conditions set out in Annexure A to this order, commence immediately, except for condition 65 and 66which await final determination. [B] Auckland Transport and Fulton Hogan are to file a progress repor...

2. CAC 20004 v Campbell [2014] NZREADT 28 [pdf, 129 KB]

   ...stand, it would be difficult to retrieve it from storage. I enquired whether I should take it home in the meantime as everything was going into storage. The response from Mr Newman was “Yeah, you may as well” ... my understanding given the statement from Mr Newman was that he had consented to me taking the stand back to my home. I understood that Mr Newman had been given consent by Mrs Newman to deal with her belongings at the property. ... I consequently went back into the house...

3. Toothill v Morrell - Paeroa 1E14 (Urupā) - Te Kopua Urupā (2025) 134 Tairāwhiti MB 264 (134 TRW 264) [pdf, 303 KB]

   ...Pirihi Pata, confirm that the urupā be known as Te Kopua Urupā, and elect the proposed trustees were passed unanimously. No dissenting votes for these resolutions are recorded in the minutes. [39] The proposed trustees have all filed signed consents to be appointed trustees. [40] At the 17 July 2025 hearing, it was argued, at least initially, by supporters of the ahu whenua trust proposal that the proposed trustees were not uri or whānau of the four registered owners. Each...

4. ENV-2016-AKL-000xxx Howick Ratepayers and Residents Association Incorporated & Others v Auckland Council [pdf, 5.5 MB]

   ...often illusionary or recently Invented "Culture or "Values" claims or assessments with no documented valid historical basis. • (Part 1 B 5.1 )We are concerned at the PAUP requirements of Maori (MW)to be involved in most resource consent processes at a level beyond that envisaged by the existing Resource Consent legislation . . ' Mana Whenua can exercise Tlno Rangatiratanga through participation in resource management processes and decisions' . We note instanc...

5. Body Corporate 81738 v Wellington City Council [2010] NZWHT Wellington 15 [pdf, 205 KB]

   ...able to do the remediation in such a way as not to interfere with occupation. There was no consistency in the periods in which it was alleged rents were lowered due to leaks. No inference could be drawn from the brief unsubstantiated owner statements filed due to the large inconsistencies between them. [66] The claimants were given until 31 May 2010 to rectify this lack of evidence but have failed to do so. No affidavits were filed. No expert evidence was adduced to say...

6. Director of Proceedings v The Ultimate Care Group Ltd [2022] NZHRRT 17 [pdf, 1.1 MB]

   ...TANGATA 2 [1] These proceedings under the Health and Disability Commissioner Act 1994 were filed on 25 February 2022. [2] Prior to the filing of the proceedings the parties resolved all matters in issue and the Tribunal is asked to make a consent declaration. The parties have filed: [2.1] A Statement of Claim dated 24 February 2022. [2.2] A Consent Memorandum dated 24 February 2022. [2.3] An Agreed Summary of Facts, a copy of which is annexed and marked ‘A’. [3] In the...

7. [2015] NZEmpC 7 Alatipi v CE of the Department of Corrections [pdf, 280 KB]

   ...self-inflicted or caused by another prisoner. He also claimed that the disciplinary process followed by the defendant was unfair and seriously flawed throughout. He sought various remedies under the Employment Relations Act 2000 (the Act), including reinstatement. [2] Mr Alatipi was unsuccessful in his claim before the Employment Relations Authority (the Authority). In a determination dated 28 January 2013, the Authority expressed some reservations about aspects of the p...

8. Manchester Securities Limited v Auckland Council [2016] NZWHT Auckland 1 [pdf, 341 KB]

   ...Sage prior to Manchester’s purchase of level 12. [2] The Council has conceded that it was negligent in respect of its inspections and the issue of a Code Compliance Certificate (CCC) in respect of work carried out pursuant to a building consent issued in respect of level 12 (the 0818 consent). It has also conceded that this negligence caused the need to completely re-clad level 12. It defended the claim on the basis that the assignment was invalid, the assigned claim was...

9. Proactive release – Government response to the Law Commission Report: “The Second Review of the Evidence Act 2006” [pdf, 2.5 MB]

   ...the Act, for introduction in the second half of 2020, and to undertake a review of the Evidence Regulations 2007. Executive Summary 4. The facts on which court and many tribunal proceedings are determined are proved by evidence: oral and written statements and physical exhibits. The rules relating to the admissibility and manner of giving evidence are therefore of vital importance. Most of the rules of evidence are contained in the Act. 5. The Law Commission has undertaken a review of...

10. Body Corporate 199883 & Ors (Ridgeview Apartments) v Clarke [2010] NZWHT Auckland 22 [pdf, 216 KB]

    ...the actual design or physical construction of the apartment complex and relied on the expertise provided by Mr Martinsen and Mr Andrews. Page | 7 [19] In April 1998 Mr Martinsen applied to the North Shore City Council for a resource consent. The application was made in the name of “P Clarke”. At about that time Mr Clarke began contemplating the setting up of a family trust to which his shares in CFA, the owner of the property, would be transferred. Mr Clarke sou...