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1. K Ltd v SK & TK [2023] NZDT 651 (10 November 2023) [pdf, 235 KB]

   ...the terms of the contract? 4. A contract is an agreement that the parties intend to be legally bound by. It involves an exchange of promises and becomes binding when the parties agree on clear and certain terms. 5. I find that the contract was formed when SK and TK accepted the proposal for the [redacted] pool on 1 September 2022 and SK signed the Swimming Pool Installation Agreement. This stated that the estimated time for completion from commencement of excavation would be 2 - 3 we...

2. Shihaku v Mizoguchi [2017] NZIACDT 7 (19 June 2017) [pdf, 172 KB]

   ...deal with the complaint against Mr Mizoguchi. [3] The Tribunal must consider the merits of the contentions, and determine whether it has misconducted itself, and if so, the consequences of that. This application [4] This application is in the form of a memorandum, the central elements appear to be claims that the Tribunal has engaged in misconduct by: [4.1] acting “as prosecutor and judge”, hence acting in a biased manner; and [4.2] failing to give notice of the subject of q...

3. Glenshee Station Limited - EiC - M E Hore (4 Feb 2021) [pdf, 4.4 MB]

   ...available technology to improve our water use. 14. One of the first things we need to do was to formalise a working group for permit holders in the Kyeburn so that we could work together to manage water. And so the Kyeburn Catchment Group was formed. 15. Forming catchment groups is not easy. The history of water rights is one of fixed priorities and competition for water. The old mining privilege regime did not encourage or expect co-operation. We had to find a way to overc...

4. ORC outline conditions for surface water takes [pdf, 176 KB]

   ...land legally described above for [state purpose e.g. potable/irrigation and irrigation area (if irrigation water) or number of people (if potable water) water to [state type of activity] must be carried out in accordance with the plans and all information submitted with the application, detailed below, and all referenced by the Consent Authority as consent number [insert consent reference number/s]. a) Application form, and assessment of environmental effects dated [date]. b) [list pl...

5. HI, UI, LN and BJ Ltd v QD Ltd DU and HS Ltd [2021] NZDT 1660 (25 October 2021) [pdf, 244 KB]

   ...as occurring as the property was always intended to be owned by BJ and the purchase in the Trust’s name was in error. I am satisfied BJ has standing as an applicant given it was named as such in the “statement of claim” filed with the claim form in the Tribunal and to the extent necessary the order above confirms that to be the case. CI0301_CIV_DCDT_Order Page 2 of 6 3. The Applicants say subsequently when the property was prepared for sale in September 2019 it was discover...

6. Auckland Standards Committee 2 v Burcher [2020] NZLCDT 18 (30 June 2020) [pdf, 145 KB]

   ...afforded to such conduct.”4 (emphasis ours) [11] In referring to particulars nine, six, seven and eight, His Honour referred to Mr Burcher having “clearly crossed the bright line …”.5 [12] Paragraph [101] is quoted in full because it has formed the basis for submissions from both counsel, the beginning and end of the paragraph being relied upon by Mr Hodge and the comments in the middle concerning how Mr Burcher might have avoided difficulties, were relied upon by Mr Jones Q...

7. Factsheet: The number of people impacted by family violence over time [pdf, 178 KB]

   ...offences are flagged by Police. Evidence suggests that the number of people impacted by family violence offending has been declining over the long-term. However, there is little evidence on whether this offending is being substituted with other forms of coercive and controlling behaviour. Statistical significance describes our confidence that the difference between two survey estimates is real. Differences that are not statistically significant could be driven by who happened to...

8. [2024] NZEnvC 255 Friends of Nelson Haven v Marlborough District Council [pdf, 551 KB]

   ...requested amendment could not legally be part of a submission on a proposed plan. [14] MDC also addresses the procedural importance of substantive compliance with the requirement (in cl 6(5) Sch 1 RMA) that a submission be in the prescribed form. That is particularly given the reliance that the local authority and potential further submitters place on the submission. Minister and the Fishing Industry Parties [15] These parties support MDC’s position on scope and the thrust of...

9. MC & TC v B Ltd [2023] NZDT 531 (27 September 2023) [pdf, 253 KB]

   ...not a breach of a substantial character. Duration of the introductory ride 36. As noted above the other issue raised in MC and TC’s claim is the duration of the introductory ride. 37. The description of the trek on B Ltd’s website formed part of the contract terms that MC and TC accepted by making a booking and paying the deposit. The website states that the five-day trek begins with a two-and-a-half-hour introductory ride. 38. It is not disputed that in this instanc...

10. Director of Proceedings v Pasifika Integrated Healthcare Ltd [2015] NZHRRT 25 [pdf, 177 KB]

    ...staff were to complete NZQA Level 3 and 4 certificates in the Care of the Older Person. The defendant had not undertaken any disability services focussed training and did not have an NZQA qualification. According to Mr F’s Worker Competency Form, Mr F had “7 years [e]xperience in care of disability. On the job training, orientation & supervision by experience[d] [service co-ordinator].” The defendant’s policies 17. The defendant’s policy “Support Worker Taking Se...