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1. [2023] NZEnvC 002 Royal Forest and Bird Protection Society of New Zealand Incorporated v Northland Regional Council [pdf, 236 KB]

   ...agree that an applicant’s past compliance with relevant industry guidelines or codes of practice, or an applicant’s voluntary adoption of good management practices, are not particularly relevant when re-consenting an activity. However, case law contemplates that past compliance (or lack thereof) can be relevant consideration for resource consent duration. Accordingly, given that Policy D.2.14 is an important guiding policy for the appropriate duration for resource consents, the p...

2. 16.-James-Kendrick-Ngati-Kahungunu-Ki-Tamaki-Nui-a-Rua60182469.1.pdf [pdf, 216 KB]

   ...koutou, tēnā ra tātou katoa. 2. My name is James Lloyd Kendrick and I am the Mataawaka delegate on the Ngāti Kahungunu ki Tāmaki-nui-a-Rua Trust ("Trust"). 3. I married into the Edwards whānau in Dannevirke and my grandfather-in-law was Ray Edwards, who had prolific knowledge of local hapū and tikanga Māori. I spent a significant amount of time with him and with the older Māori around Dannevirke who are no longer with us. They imparted to me knowledge of loc...

3. [2020] NZREADT 06 - Wheeler - Ruling (4 May 2020) [pdf, 313 KB]

   ...Consideration of whether the evidence is apparently credible; and (4) consideration of whether admitting the evidence would require evidence from other parties or cross-examination [10] In our view both sets of submissions correctly summarise the law which is to be applied when deciding an application of the kind that Mr Wheeler has bought. 1. The Real Estate Authority did not contact the vendor for accurate information in his interactions with Mr Ledger; 2. A witnessed stateme...

4. COVID-19 Commercial Lease Disputes Services (Hindi) [pdf, 328 KB]

   ...एक िकील या कमु्यर्नटी लॉ सैंटर (सामुदार्यक कानून कें द्र)अर्िक सलाह दे सकते हैं। https://www.justice.govt.nz/about/lawyers-and-service-providers/service-providers/community-law-centres/ मुझे कैसे पता चलेगा र्क मैं सेवाओ ंके र्लए पात्र हं या नही?ं आलबि...

5. CJ v HQ Ltd [2020] NZDT 1367 (16 June 2020) [pdf, 108 KB]

   ...generally be aware of the difference in liability limits between a tracked parcel and a courier, and much turns on this given the significant differences between the services. A customer has some duty to consult the advertising material, but consumer law also requires unusual terms to be adequately brought to the attention of the customer. OQ Ltd suggested that an item outside the value specified for the service was “prohibited”, but this is not the case in terms of the pamphlet word...

6. NX v T Ltd & S Ltd [2024] NZDT 234 (8 March 2024) [pdf, 187 KB]

   CI0301_CIV_DCDT_Order Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 234 APPLICANT NX RESPONDENT T Ltd SECOND RESPONDENT S Ltd The Tribunal orders: T Ltd and S Ltd are to pay NX $120.00 by Friday 29 March 2024. Reasons: 1. NX, along with his wife, XX as his support person, HF representing T Ltd, and TJ representing S Ltd, all attended the hearing by teleconference. 2. NX bought a kit

7. McLauchlin - Wharekahika C7 &C11 (2012) 26 Tairawhiti MB 128 (26 TRW 128) [pdf, 99 KB]

   ...[26] As I have been on Waitangi Tribunal duties and sabbatical leave, I have only just been able to return to this matter. 8 21 Tairawhiti MB 130 (21 TRW 130) 26 Tairāwhiti MB 133 Relevant Law [27] This is an application under s 239 of Te Ture Whenua Māori Act 1993 for the appointment of replacement trustees, namely Manu Stainton (deceased), Ngatihau Stainton (deceased) and Matehaere Stainton (resigned). When considering...

8. UG v NI & II [2022] NZDT 50 (24 May 2022) [pdf, 145 KB]

   ...receipt dated 9 January), but NI disputes that payment – she acknowledges the other two payments. 3. After UG made these payments, she discovered that the “gifting programme” appeared to be a pyramid scheme and that these are prohibited by law – she went to the media and reported the scheme to the Commerce Commission. NI says that when they all found out via this action that the programme’s activity was not allowed, they all stopped and everyone lost the money they had paid...

9. Easthope v Accident Compensation Corporation (Entitlements) [2023] NZACC 158 [pdf, 209 KB]

   ...accepting cover for a neck sprain and a lumbar sprain. [45] Given that the basis for bringing appeal ACR 15/23 no longer exists, this appeal too must be dismissed. [46] Costs are reserved. CJ McGuire District Court Judge Solicitors: Medico Law, Grey Lynn Background ACR 15/23 – Decisions Regarding Cover for Sprains ACR 17/23-Decision Declining Weekly Compensation Appellant’s Submissions Respondent’s Submissions Further Inquiry of ACC Decision...

10. [2023] NZEnvC 169 Waikato Regional Council v Rawhiti Environmental Park Limited [pdf, 207 KB]

    ...Friday, 4 August 2023. Rawhiti states there are practical difficulties in complying with the Orders, including: (a) while acknowledging that the slaughter of pigs would reduce the amount of piggery effluent being produced, it is not practical or lawful to slaughter enough pigs within the timeframe provided by the Orders. There are approximately 5000 pigs. To have slaughtered enough pigs within the timeframe under the Orders would have caused a significant animal welfare 1 Wai...