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  1. Keith Vernon 217 [pdf, 73 KB]

    K Vernon, s274 Notice, Party to Proceedings Page 1 of 2 Form 33 Notice of person's wish to be party to proceedings Section 274, Resource Management Act 1991 To: The Registrar Environment Court Specialist Courts and Tribunals Centre Level 2, 41 Federal Street Auckland 1010 PO Box 7174, Wellesley St., Auckland 1141 1. I, K Vernon, wish to be a party to the following proceedings: Auckland Council, Proposed combined Auckland (Unitary) Plan, Appeal...

  2. NX v B Association Ltd & JE [2023] NZDT 433 (15 August 2023) [pdf, 192 KB]

    ...misrepresentation, which provides a remedy for a buyer if a seller makes a misrepresentation about an item being sold. 6. A misrepresentation is: a statement of fact; made by one contracting party to another; before or at the time the contract is formed; that the purchaser relies on in entering into the contract; and which proves to be wrong. If a misrepresentation is proved, the purchaser is entitled to a remedy, whether the misrepresentation was made innocently or deliberately....

  3. NM & S Ltd v PT [2023] NZDT 679 (29 August 2023) [pdf, 186 KB]

    ...found the essence of those conversations and comments such as “just say [NM] said will do both sides …. won’t have to pay any more” presented as collusion between the two, in an effort to get both roofs installed for the one roof price. In forming this view I took into account the timing, context of the conversations and that NM’s willingness to support PT was likely impacted by other separate dealings between them. 8. For all these reasons, I find that the scope of the agre...

  4. ENV-2016-AKL-000184 Smith and Caughey Limited v Auckland Council [pdf, 2.6 MB]

    ...one of the persons described in section 274(1) of the RMA. To become a party to the appeal, you must, within 15 working days after the period for lodging a notice of appeal ends, lodge a notice of your wish to be a party to the proceedings (in form 33 of the Resource Management (Forms, Fees, and Procedure) Regulations 2003) with the Environment Court by email (to unitaryplan.ecappeals@justice.govt.nz) and serve copies of your notice by email on the Auckland Council (to unitaryplan...

  5. UI & II v D Ltd [2023] NZDT 34 (31 January 2023) [pdf, 104 KB]

    ...‘reasonable care and skill’ only requires that suppliers apply reasonable judgement, which in the case of diagnostic services, requires that they go with the probabilities, applying the most likely fixes first. 11. No independent evidence, in the form of other expert opinion for example, was provided by UI and II to show that D Ltd’s recommendation to replace the seals on the 13-year old car was unreasonable in the circumstances. Further, D Ltd state that the leak appears to have...

  6. Joint Application to Make a New Parenting Order by Consent [pdf, 603 KB]

    PAGE 1Joint Application to Make a New Parenting Order by ConsentV1 July 2019 G U ID E The purpose of this form Use this form if you and all other ‘interested parties’ (any parent, guardian, person named on an existing Order or has care and/or contact responsibilities of the child(ren)) have reached agreement about arrangements for day to day care and/or contact of the child(ren) and you want the court to make a Parenting Order by consent. Who should fill in this form? This form must b...

  7. X Ltd v L Ltd [2023] NZDT 104 (9 March 2023) [pdf, 186 KB]

    ...13. If a breach of s 9 of the FTA causes a person to suffer loss, the Tribunal may grant a remedy under s 43, including an order that one party pay the other the amount of the loss or damage. 14. I accept that X Ltd has suffered loss in the form of the freight charge for sending the tractor back to L Ltd. I accept the evidence from X Ltd that if it had known that 1,216 hours was not an accurate representation of the number of hours the tractor had done, it would not have purchased it...

  8. Protocol for Customs Appeal Authority - varying regional results [pdf, 74 KB]

    ...but some differences in the Authority’s practices are necessary. The Tribunal’s Unit in Wellington, where the Authority’s office is located, is open to the public when alert levels permit. However, where possible we encourage delivery of information in electronic form by email, send to: CAA@justice.govt.nz When using email, staff can communicate with you regardless of whether they have to work remotely. Most parties find electronic communication is the most convenient approac...

  9. NN v SG Ltd [2024] NZDT 111 (13 February 2024) [pdf, 199 KB]

    ...Ltd is to pay NN $4,643.99 on or before 6 March 2024. 2. The remainder of the claim is dismissed. Reasons Introduction 1. In early October 2023, NN’s [ute] (‘the ute’) was taken to SG Ltd with a suspected blown head cylinder. NN was informed the repair would cost approximately $1,500.00 for the head cylinder plus two days labour. The total quote for the job was in or around $3,000.00. Repairs were carried out and when NN went to collect the ute, he was charged $8,668.99 for th...

  10. Keith Vernon 224 [pdf, 73 KB]

    K Vernon, s274 Notice, Party to Proceedings Page 1 of 2 Form 33 Notice of person's wish to be party to proceedings Section 274, Resource Management Act 1991 To: The Registrar Environment Court Specialist Courts and Tribunals Centre Level 2, 41 Federal Street Auckland 1010 PO Box 7174, Wellesley St., Auckland 1141 1. I, K Vernon, wish to be a party to the following proceedings: Auckland Council, Proposed combined Auckland (Unitary) Plan, Appeal...