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...AT AUCKLAND IN THE MATTER AND IN THE MATTER BETWEEN AND ENV-2016-AKL-000206 of the Local Government (Auckland Transitional Provisions) Act 2010 ("the Act") and the Resource Management Act 1991 ("the RMA") of an appeal under section 156(1) of the Act CATO BOLAM CONSULTANTS LIMITED Appellant AUCKLAND COUNCIL Respondent NOTICE OF PERSON'S WISH TO BE PARTY TO PROCEEDINGS Section 274, Resource Management Act 1991 Federated Farmers of New Ze...
" S~A I. o~ I: BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND AND AND AND Decision No. [2018] NZEnvC 199 of the Resource Management Act 1991 of appeals pursuant to s 120 of the Act RANGITATA WATER LIMITED (ENV-2018-CHC-174) TE RONANGA 0 AROWHENUA & TE RUNANGA 0 NGAI TAHU (ENV-2018-CHC-175) PAUL HODGSON & OTHERS (ENV-2018-CHC-176) Appellants CANTERBURY REGIONAL COUNCIL & ASHBURTON DISTRICT CO...
[2016] NZSSAA 051 Reference No. SSA 122/13 IN THE MATTER of the Social Security Act 1964 AND IN THE MATTER of an appeal by XXXX of Tauranga against a decision of a Benefits Review Committee BEFORE THE SOCIAL SECURITY APPEAL AUTHORITY Ms M Wallace - Chairperson Mr K Williams - Member DECISION ON THE PAPERS [1] This matter was remitted to the Authority by the High Court to consider the evidence and to make a determination as to the nature of t...
...has been filed, but I note that in the security for costs application I found that it was probable that the plaintiff would not be able to comply with any significant adverse costs award.3 The plaintiff has also filed an application for leave to appeal the interlocutory judgment that underlies this application for costs. [4] The Court has a discretion as to costs.4 As the defendant was successful in relation to the interlocutory issues, it is entitled to costs. The plaintiff raise...
...was that pursuant to s 36(2)(c) Mr Zaheed was not a fit and proper person to be licensed as a salesperson because in 2010 he was convicted of a number of offences relating to tax evasion and was sentenced to a period of home detention. Mr Zaheed appeals that decision. Mr Zaheed’s application was supported by a reference from Mushtaq Sheikh, a real estate agent with Barfoot and Thompson, Otahuhu at the time of the application and now with 2 Harcourts, Manukau. Mr Sheikh said tha...
Sandra Ellmers Family Trustee Ltd v Central Hawkes Bay District Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2023] NZEnvC 181 IN THE MATTER OF an appeal under section 120 the Resource Management Act 1991 BETWEEN SANDRA ELLMERS FAMILY TRUSTEE LTD (ENV-2023-AKL-000167) Appellant AND CENTRAL HAWKE’S BAY DISTRICT COUNCIL Respondent Court: Environment Judge MJL Dickey sitting alone under s 279 of the...
...finally determined against him or her in the original proceeding. 4. It is well established in New Zealand law that parties cannot re-litigate questions that have already been judicially determined. Authority for this can be found in the Court of Appeal decision of Shiels v Blakeley [1986] 2 NZLR 262 (at 266) where the Court stated: Where a final decision has been pronounced by a New Zealand judicial tribunal of jurisdiction over the parties to, and the subject-matter of the litig...
...boundary because, she said, her primary concern was the concrete block wall, which she fears is at risk of collapse. 5. FA s 2 clarifies that a fence must separate the lands of adjoining occupiers. Based on similar wording, the Australian Court of Appeal decided in Kontikis v Schreiner (1989) 16 NSWLR 706 that in order to decide whether the legislation applies, it is necessary to ask, “Why was this wall or this kind of wall chosen rather than some other wall?” If the real reason the...
...advised it was for Customers with appointments only. However, the sign only says for Customer Parking only. Customer is not defined and therefore can be interpreted to include those with and without appointments. b. GM advised Q Ltd during Q Ltd’s appeal processes, that she believed the park was for businesses adjacent to the carpark and then followed that with she was attending N Ltd to look at listings. GM confirmed that to the Tribunal and said after she discovered that N Ltd was...
...‘supply’. I therefore concur with KX’s view that section 41 must be intended to refer to original supply (by a ‘supplier’, as defined in the Act). CI0301_CIV_DCDT_Order Page 2 of 3 7. More importantly, as KX submits, the Court of Appeal has confirmed the interpretation and application of the manufacturer provisions of the CGA, in the case of Body Corporate Number DPS 91535 & Ors v 3A Composites GmbH [2023] NZCA 647. He references clause 84 of the decision: “t...