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1. ENV-2016-AKL-000219 S J Houghton Family Trust v Auckland Council (amended) [pdf, 552 KB]

   ...one of the persons described in section 274(1) of the RMA. 2. 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 (tounitaryplan.ecappeals@justice.govt.nz) and serve copies of your notice by email on the Auckland Council (to unitaryplan@au...

2. Keith Vernon 233 [pdf, 74 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...

3. KN & NN v FO Ltd [2024] NZDT 69 (12 January 2024) [pdf, 137 KB]

   ...Terms say that before making its network available to any user, FO Ltd requires the user to agree to be bound by and comply with the End User Terms. This agreement is secured by the person’s internet service provider. The End User Terms state they form an agreement between the user and FO Ltd which may be enforced without any involvement of the internet service provider. 13. The clause which discusses liability for loss or damage to FO Ltd’s network is clause 2 which reads: �...

4. BI v U Ltd [2022] NZDT 142 (5 August 2022) [pdf, 101 KB]

   ...policy. 3. The issue is whether BI breached the conditions of his policy (his contract with U Ltd) allowing U Ltd to decline the claim. Did BI breach the policy (contract) allowing U Ltd to decline the claim? 4. When BI completed the claim form he says the car was stolen on 26 March 2016 and that it was stolen from [Address 1] and that the keys were left in the ignition. 5. When discussing his claim with a claims handler on 31 March 2016 BI said that the car was stolen from a...

5. COVID-PROTOCOL-FOR-SSAA-REGIONAL-ALERTS-Aug-2020.pdf [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: SSAA@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 approa...

6. [2007] NZEmpC AC 43C/07 Service and Food Workers Union Inc & Anor v Spotless Services (NZ) Ltd [pdf, 12 KB]

   ...by the Employment Relations Act 2000. [4] Although the amended statement of claim simply asks for an injunction to prevent lockouts, some refinement is required and although I will reserve leave for the parties to be heard on the final form of injunctive relief, I propose that it be as follows: There will be an injunction that Spotless Services (NZ) Limited is not henceforth to demand, whether as part of a lockout or otherwise, that some employees who would otherwise be...

7. X School v H Ltd [2023] NZDT 338 (13 July 2023) [pdf, 199 KB]

   ...funds? iii. Did H’s failure to notify X when costs exceeded available funds cause a loss? CI0301_CIV_DCDT_Order Page 2 of 4 9. The law of contract is central to this dispute. The contract signed between the parties was titled, “short form agreement for consultant engagement.” The parties are familiar with contracts. Was H the project manager? 10. It was clear that H was the project manager. The Ministry of Education requires that a project manager be appointed to larg...

8. Justice Sector forecast 2012 to 2022 update quarter ending March 2013 report summary [pdf, 228 KB]

   ...second consecutive quarter with numbers higher than expected. However, the result of the volatility from quarter to quarter has been that the year- to-date figures for these sentences are all close to forecast. Community Work sentence starts, which form the majority of non-custodial sentence starts, have been below forecast throughout the year, meaning that the overall numbers of non-custodial sentence starts are also below expectations. The remand prisoner population is about 5 percent be...

9. [2018] NZEmpC 21 Tru-Test Ltd v Callingham [pdf, 134 KB]

   ...19 March 2018 JUDGMENT OF JUDGE K G SMITH [1] On 9 March 2018 the application by Tru-Test Limited for preservation orders was granted subject to conditions.1 Briefly, Tru-Test sought preservation orders on the basis that its former employee, Nicholas Callingham, had removed and retained its property in breach of his employment agreement and a confidentiality agreement.2 [2] Tru-Test’s allegations can be summarised as Mr Callingham removing and retaining its pr

10. SL v QU [2023] NZDT 677 (16 December 2023) [pdf, 190 KB]

    ...by QU, without any reference to any company. CI0301_CIV_DCDT_Order Page 2 of 3 Did QU misrepresent the car? 6. The common law of contact and the Contractual and Commercial Law Act 2017 (CCLA). A contract is a binding commitment formed by an offer made by one party and a subsequent acceptance by the other party. There is a well-known principle of contract law, which applies to private sales of “caveat emptor” or “let the buyer beware.” This implies that the buyer...