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1. Thompson v Van Wijk [2021] NZHRRT 39 [pdf, 239 KB]

   ...agent. The remedies were sought against all the defendants and included a declaration, a training order and damages of $100,000 for humiliation, loss of dignity and injury to feelings caused by the actions of Mr Van Wijk as particularised in the statement of claim. [6] In November 2016 Mr Van Wijk filed an amended statement of reply defending the claim. In his reply he denies sexually harassing the plaintiff and says they had a consensual intimate relationship and any sexual intimacy w...

2. ENVC Hearing 6Oct14 NPI Trust Moana Te Waeroa [pdf, 238 KB]

   Before the Environment Court at Auckland ENV-2013-AKL-000174 Under the Resource Management Act 1991 And In the Matter of a direct referral to the Environment Court under Section 87G requesting the granting of resource consents to Waiheke Marinas Limited to establish a Marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf "Will Say" Statement of Evidence of Moana Te Aira Te Uri Karaka Te Waeroa on behalf of Ngati Paoa Iwi Trust Solicitor: Sharon Skinner Skinner...

3. Davis & Ors v CAC 20004 & Anor [2013] NZREADT 102 [pdf, 101 KB]

   ...that information. [24] The Real Estate Agents Authority submit that the Tribunal should uphold the decision of the Complaints Assessment Committee. They submit as follows: That after Messrs Davis and Shin obtained the pre-contract disclosure statement they were aware of the Body Corporate’s Annual General Meeting and had a copy of the minutes. These minutes contained a reference to the accommodation restriction. They submit that irrespective of whether or not the information c...

4. BQ v YE LCRO 188 / 2010 (1 April 2011) [pdf, 117 KB]

   ...to prove, and we do not believe you could expect to succeed based on the information summarised above.” [46] All of this constitutes what fairly could be described as a preliminary legal opinion. [47] The key issue in this matter lies in the statement made by the Applicant in his letter accompanying the application for review when he states: “I therefore do not 8 agree that the opinion provided addressed the matter at the “appropriate level of detail.” This is the...

5. North v Worksop LCRO 213 / 2009 (9 April 2010) [pdf, 95 KB]

   ...the passing of any resolution by XX Ltd necessitated the involvement of the Applicant who, with his brother, jointly held 50% of the company shares. There had been communications exchanged which confirmed that the Applicant was unwilling to consent to the sale and this led to procedures in the Constitution being invoked to resolve the impasse; and the contact with the Applicant had been necessary to advance that matter. The Practitioner said that the passing of a resolution by YY...

6. Tank Trust v Auckland Council [2013] NZWHT Auckland 20 [pdf, 107 KB]

   ...[15] The claim did not settle at mediation and on 4 December 2012 the Council filed its final response to the claim. In this final response the Council removed the clear denial of liability in the pre-mediation response and replaced it with a statement that it will “not dispute the existence of any defects that the Tribunal finds to be proved by the claimants”. The response also stated that: The Council notes that the claimants’ expert Mr Alvey does not provide any evid...

7. Harris v ACC [2013] NZACA 16 [pdf, 35 KB]

   ...syndrome into account as covered injuries. [7] As it was not clear whether if by accepting that the chronic pain caused the depressive disorder ACC also now accepted that the chronic pain was itself a consequence of Mr Harris’s 1990 injury, by consent I directed Mr Hunt to file a statement of issues that clearly identified the decisions ACC had made with respect to the extent of Mr Harris’s covered injuries. If ACC had not accepted the chronic pain syndrome claim as consequence of...

8. Panapa - Ngawhare rāua ko Merepapuha Raukura Maika Te Rangipuawhe Whānau Trust (2017) 159 Waiariki MB 277 (159 WAR 277) [pdf, 228 KB]

   ...James Carroll and Arahia Ngatai- Rangiwhetu Whānau Trust that disharmony between family members may support an argument for partial termination of a trust if the termination may lead to more harmonious relationships. 10 [31] I consider that statement applicable to the present case. I accept Huru Maika’s concerns that allowing the partial termination may lead to further division of shares and further applications for partial termination however there is no evidence of any other...

9. [2019] NZEnvC169 Kapiti Coast District Council [pdf, 3.3 MB]

   ...activity provision for retail activities generally throughout the Rural Zones is retained. I agree with the Council that the rule should be changed. I also agree, in light of the objectives and policies, that non-complying activity is the appropriate consent status for retail activities unrelated to primary production and rural activities in the Rural Zones. [1 0] In addition to her analysis of the objectives and policies, Ms Foster reviewed the Decision Report of the Council's...

10. McArthur Ridge – EiC – J Rasmussen (4 Feb 2021) [pdf, 11 MB]

    ...Road. A network of pumps, 5 valves and pipes delivers irrigation water by ground-level drippers, with frost-fighting via overhead sprinklers. 27. Like other deemed permits, 2001.505.V1 will expire on 1st October 2021. A replacement consent is being sought by the Manuherikia Catchment Group on behalf of all six irrigation schemes taking water from the Manuherekia River. 28. The key point is that MDEL relies on a necessarily complex legal and physical water manageme...