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1. Appeal Against Penalty Olde-Olthof & Anor v REAA CAC 20005 & Anor [2014] NZREADT 37 [pdf, 70 KB]

   ...that it is the vendor’s responsibility to provide a code of compliance certificate. Certainly, there is such initialling on that part of the contract document. That cl.6.2(5) has the vendor warrant: “(5) Where the vendor has done or caused or permitted to be done on the property any works: (a) any permit, resource consent or building consent required by law was obtained; and (b) the works were completed in compliance with those permits or consents; and (c) where appropriate, a...

2. [2015] NZEmpC 38 Davis v Commissioner of Police [pdf, 109 KB]

   ...misunderstood, or that he thinks are of more significance than the Judge did." [29] As the Court of Appeal stated in Moodie v Employment Court: 16 The limited nature of both the appeal provisions and those relating to review do not permit a second look at factual findings of the Employment Court. That is an aspect of the unique nature of the Employment Court process. It is not acceptable for the applicant to seek to circumvent this restriction on any form of second...

3. Federated-Farmers-of-New-Zealand.pdf [pdf, 395 KB]

   ...Council will in conjunction with certified sector schemes where available: Support Federated Farmers encourages Waikato Regional Council to work in conjunction with certified sector schemes where this is possible. Rules Rule 3.11.4.2 Interim Permitted Activity – Farming prior to obtaining consent Amended to align with the amendments proposed to other rules. Amend Rule 3.11.4.2 as follows: Except as permitted by Rule 3.11.4.1 or 3.11.4.3, or as regulated by Rule 3.11.4.9...

4. Twomey - Succession to Te Ngahoa Te Whaaro [2023] Chief Judge's MB 587 (2023 CJ 587) [pdf, 301 KB]

   ...distributed) would have been deemed at that time to be uneconomic interests. The deceased had succeeded to his interest in Te Kōau A Block at 67 Whanganui 162-163 on 13 July 1915 from Winiata te Whaaro. 13. The legislation in place in 1974 permitted the Court to exercise a discretion to vest the whole of the interests in Te Kōau A Block in any one or more beneficiaries to the exclusion of any other beneficiary without their consent. The order made in 1974 was therefore consist...

5. 2020 02 19 Sean Leslie Reply [pdf, 599 KB]

   IN THE ENVIRONMENT COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY I TE KŌTI TAIAO O AOTEAROA ŌTAUTAHI ROHE ENV-2020-CHC-127 UNDER the Resource Management Act 1991 (RMA) IN THE MATTER of the Water Permits Plan Change - Plan Change 7, being part of a proposal of national significance directed by the Minister for the Environment to be referred to the Environment Court under section 142(2)(b) of the RMA AND IN THE MATTER of an application under section 149T of the RMA...

6. X Ltd v II [2021] NZDT 1539 (14 May 2021) [pdf, 169 KB]

   ...24 July 2020 but that breakdown obviously was not provided before the work commenced. I find that if it had been critical to II and BI to have a breakdown of the Quote before work commenced, they should have insisted on that being provided before permitting any work to be carried out. II and BI considered the amount charged by XL to be “inflated”. I find that they have not established that to be the case by providing independent evidence to that effect. [11] I find that section 31...

7. Waikato and Waipā River Iwi.pdf [pdf, 240 KB]

   ...relief sought on the basis that it is inconsistent with the Core Decisions and Te Ture Whaimana. In respect of matters requiring additional comment: • Rules 3.11.4.2, 5, 7 and 8 - Support rules being focused on land use, rather than discharge permits. • Rule 3.11.4.9 – Support the re-instatement of the end date associated with Rule 3.11.4.9. Also interested in additional relief sought regarding Rule 3.11.4.9, which is relevant to, and has implications on, the Iwi Co- Governo...

8. Tareha v Pene - Waiohiki 1C1D (2020) 83 Takitimu MB 294 (83 TKT 294) [pdf, 258 KB]

   ...More to the point, Mr Tareha alleged that Mr Pene has refused to convene meetings and for these failures he needed to be held to account by the Court. Ngā kōrero o te Kaiurupare Respondent’s submissions [17] Mr Pene appeared content to permit Mr Wriggly to make submissions on the issues. Ngā kōrero o Napier Golf Club Napier Golf Club’s submissions [18] Mr Wriggly made oral submissions at the last hearing and then filed a more detailed written submission on 3 May 2020....

9. [2011] NZEmpC 6 Green v Transpacific Industries Group NZ Ltd [pdf, 107 KB]

   ...Mr Green from working for his new employer in the event that the contractual restraint is set aside or so modified that it would not have been enforceable in practice, or, on the other hand, whether it will be more just that Mr Green should be permitted to take up employment with his new employer now when that may later be found to be have been unlawful. The question of alternative remedies available to the company is a subset of the balance of convenience. [7] Finally, because...

10. WHT Claims for a multi unit - Chair's Directions [pdf, 207 KB]

    ...documentation including authorities given for the representative to bring the claim  Documents that relate to any tenancy agreement or lease of any of the units where claims of loss of rent form part of the claim  Plans, scopes of work, building permits and consents for both the original construction and any remedial work  Any expert’s reports and pre purchase inspections  Any relevant photographs, video or audio tapes, or other evidence 10.5 Material to be provid...