Search Results

1. [2018] NZEnvC 187 Calcutta Farms Limited v Matamata-Piako District Council [pdf, 2.6 MB]

   ...towns in the district, including Matamata ... '. It states: 3 We need to ensure that we have the right amount of land zoned for people to build houses and also to accommodate new business and industrial activity. It is also important that we protect the amenity and values of the community so that we can all enjoy the opportunity to work, live and play in the Matamata-Piako District. [19] After outlining that the review first started in 2013 with the development of the Town St...

2. 4. Roebeck affidavit (with exhibits) [pdf, 7 MB]

   ...UNDER THE Resource Management Act 1991 (“Act”) IN THE MATTER OF an appeal under section 299 of the Act BETWEEN SKP INCORPORATED a duly incorporated society under the Incorporated Societies Act 1908, with purposes including environmental protection, having its registered office at 4 Waiata Road, Onetangi, Waiheke Island 1081 Appellant AND AUCKLAND COUNCIL a unitary authority established under the Local Government (Auckland Council) Act 2009, having its head office at 35 Gr...

3. Complaints Assessment Committee 413 v Marr [2019] NZREADT 008 [pdf, 334 KB]

   ...deposit, then allow Ms Marr time to arrange funding to complete the sale. Mr Parkin’s conditions included a reduction in the deposit payable so as to reduce his exposure, extension of the settlement period, and that a “Plan B” be established to protect his position in the event that Ms Marr was not able to arrange funding. Thus, while the intention was that Ms Marr’s three adult children would eventually be the purchasers, Mr Parkin would be named on any auction contract o...

4. Pokere v Bodger - Ōuri 1A3 (2023) 466 Aotea MB 120 (466 AOT 120) [pdf, 356 KB]

   ...whakatū taiepa me te tangohanga ake i te asbestos – kāore he mana kokoraho kei roto. (h) Ne i ka tuku i tētehi koha, ko tā te kaikawe kēhi ki te Kōti, kia iti rawa (c) Clause 6 of the Hanataua Trust deed is relied on as a basis to protect minority interests, making it inappropriate to make an award of costs. (d) The case was conducted in an efficient and effective manner and on every occasion the applicant sought a prompt conclusion to proceedings. This inc...

5. RV v Auckland Standards Committee LCRO 299 / 2011 (18 October 2012) [pdf, 197 KB]

   ...how to extricate RX and RY at no cost. [4] As no response had been received from MBT or HU’s insurers to RV’s allegations of negligence, an application to amend the statement of claim in the CBG proceedings was prepared alleging a duty of care to RX and RY. The purpose of this was to keep those proceedings extant pending a response. These proceedings were filed on 22 December 2005. In conjunction with that, RV sought an admission of liability from MBT and HU. However, the...

6. Complaints Assessment Committee (CAC 409) v Ganesh NZREADT 19 [pdf, 327 KB]

   ...Mogans to Gkamal could conflict with Gkamal’s interests as vendor), and did not obtain informed consent in writing to act despite the potential for conflict, in breach of r 6.1 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”); and/or [c] gave Mr Singh assurances that certain work would be completed at the property, but failed to arrange for this to happen, in breach of rr 5.1, 6.2, and 6.3 of the Rules. [4] In the alternative...

7. [2013] NZEmpC 82 Tan v Morningstar Institute of Education Ltd t/a Morningstar Preschool [pdf, 177 KB]

   ...Factual findings [3] The plaintiff’s former employer, Morningstar Institute of Education Limited, (Morningstar) operates a bilingual (Mandarin/English) early childhood centre in Mt Albert. The plaintiff, Ms Tan, was a registered early childcare teacher and was employed as the head teacher at what was then to be a new centre in June 2010. She started work in August 2010 and was heavily involved in setting up the childcare operations of the centre. The centre was managed by Stev...

8. Te Manutukutuku Issue 29 [pdf, 9 MB]

   ...and a member of the Courts' Consultative Committee. Continued over page 3 Professor Gordon Orr Gordon Orr, former Secretary for Jus­ tice and expert on administrative law, re­ gards his Tribunal work as "the culmina­ tion of my career and the most interesting and rewarding work I have done." He com­ bined a deep interest in New Zealand law and history-principally of legislative so­ cial reforms-in a three-cornered career involving the practice, administration a...

9. [2015] NZEmpC 135 Fagotti v Acme & Co Ltd [pdf, 402 KB]

   ...reasonable settlement offers and required Mr Fagotti to proceed to an investigation and determination by the Authority. [88] Miss Buckett relies on the observations of the Chief Justice in the recent Supreme Court case of Helu v Immigration and Protection Tribunal. 39 Conscientious decision-makers commonly seek to organise their exercise of statutory powers of decision according to sequences, tests, and balances which they take from close analysis of the statutory text and scheme....

10. [2021] NZEnvC 192 Northport Limited v Whangarei District Council [pdf, 1.5 MB]

    ...Point Noise Area Overlay. A further submission on the Northpoint submission from the Refinery, supported the request that sound insulation requirements be added NAV 6.5 applicable to the Port Noise Management Area. 1 Royal Forest & Bird Protection Society of New Zealand Inc v Northland Regional Council [2021] NZEnvC 21. [34] [35] [36] [37] 9 By the time of the hearing before the Council commissioners, Northport was proposing: (a) a map of inner and outer no...