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1. Burn v CAC 20002 & Anor [2014] NZREADT 25 [pdf, 144 KB]

   ...and that the vendor said it would be done before settlement. [8] The licensee says that after signing the sale and purchase agreement and the contract becoming unconditional, the vendor found out that his builder had not obtained the requisite permit for the deck. Rather than there being a simple “sign off”, the builder had to get plans drawn and go through the process of obtaining a resource consent after more work was carried out. [9] The licensee also says that on 3 August 20...

2. [2019] NZEnvC 187 Van Tiel v Waikato District Council [pdf, 781 KB]

   ...the core of the matter to be determined by the Court. 5 Analysis [13] In support of its application, MPL referred the Court to case law including GRD Macraes Ltd v Otago Regional Council. 6 GRD Macraes Ltd was granted resource consents and permits for the alteration and expansion of an existing waste rock stack, except as they related to one area. The northern face consent was declined. GRD Macraes Ltd appealed the decline of this consent and made an application under s 116 seek...

3. [2020] NZEnvC 020 Whangarei District Council v Sustainable Solvents Group Limited [pdf, 730 KB]

   ...(NRC) to Sustainable Waste Management Ltd for discharges to air associated with composting of green waste and other organic material in March 2005 and for discharges to air arising from the recycling of solvents in March 2008. These two discharge permits were transferred to SSL under s 137 RMA on 4 May 2011. The air discharge permit for recycling solvents expired on 30 May 2018 but an application to replace it was made on 23 September 2017 and so it remains in effect pursuant to s 1...

4. Algie & Others v ACC [2013] NZACA 6 [pdf, 56 KB]

   ...The Corporation seeks leave pursuant to s111 of the Accident Compensation Act 1982, to appeal to the High Court against the part of 30 January 2013 decision of the Authority ([2013] NZACA 1) that a claim for payment for gratuitous attendant care is permitted under ss 121(1) of the Accident Compensation Act 1972 and 80(1) of the Accident Compensation Act 1982. [2] Following the provisions of s 111 the grounds are first, that a serious and arguable question of law is raised as to the prop...

5. [2024] NZREADT 26 - HN & EN v REAA & DB (05 August 2024) [pdf, 264 KB]

   ...visitor accommodation. 1 Agreement for sale and purchase (4 August 2020); BoD at 188. 2 Decision on Resource Consent (10 December 2012); BoD at 216–223. 3 BoD at 222. 3 2. The consent holder shall obtain all other necessary consents and permits, including those under the Building Act 2004, and comply with all relevant Council Bylaws. This consent does not constitute building consent approval... … [6] On 27 August 2014, the council wrote to the vendors stating that...

6. BS v KC & DC [2024] NZDT 489 (11 June 2024) [pdf, 243 KB]

   ...fact that their house is 5 storeys high and follows the slope of the land, it would not be possible to achieve privacy between the properties even with a 2m high fence. 18. In the final hearing BS provided information from [council] about what is permitted for fencing around a heritage listed property. The Council has confirmed that there are no rules about the type of fence that has been built. However, the Council has advised that a 1.5m high fence is permitted around a heritage list...

7. 2021-04-12 - TAs - MOC re witness substitution + case [pdf, 550 KB]

   ...the front part of this site is a substantial existing house which has been cross-leased. The tree is situated in the middle of the rear portion of the site which contains 295 square metres. The site is zoned Residential 6 in the operative plan which permits a density of one unit per 240 square metres and in the Proposed Plan has a zoning of Residential 7a which allows a density of one unit per 200 square metres. The appellant endeavoured to raise the question of the validity of Council consent...

8. Herman, Wang, Howatt, Li, Thornhill, Gilchrist, Barnao, Watson v CAC10100 & Jackman [2012] NZREADT 60 [pdf, 105 KB]

   ...not an individual partner. On that basis, he asserts that the facts in the advertisement were correct. [18] Apparently, upon receiving the above explanations the complainant sought to withdraw his complaint but the Committee was not prepared to permit that. It reasoned that Mr Paterson, who died in 1989, would most likely have been the lead designer of the house which was completed in about 1998 but that the house is not “architect designed”. In the course of thorough decisions...

9. LCRO 139/2017 ML v OP QR [pdf, 290 KB]

   ...acknowledges a lawyer’s “just claim or lien …against that money”, and reg 9 of the Lawyers and Conveyancers Act: Trust Account Regulations 2008 (the Trust Account Regulations) which contains the requirements a lawyer must meet before being permitted to deduct fees from funds held 3 in the lawyer’s trust account on behalf of a client. The relevant parts of these provisions are set out in full in the appendix to this decision. [11] Mrs ML also complained that [Law Firm...

10. [2025] NZEmpC 48 Brown v The Clinician Holdings Ltd [pdf, 287 KB]

    ...divergences between the contracting agreement prior to 1 June 2022 and the situation after that date. In particular, he noted that the following changes were made after 1 June 2022: Mr Brown received annual holidays and sick pay, Mr Huang was no longer permitted to be engaged, the rate of payment was amended, and no summary of hours worked was provided. He also noted that no written variation to the contracting arrangement was recorded. [53] I am not persuaded by Mr McGoldrick�€...