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1. W and W v Southern Response Earthquake Services Ltd [2020] CEIT-2020-0020 [pdf, 549 KB]

   ...1 Chartbrook Ltd v Persimmon Homes Ltd [2009] AC 1101 at [15]. 2 David McLauchlan “Contracts don’t always “mean” what they say” (2019) 227 NZLJ 227 at 228. 3 Wood v Capita Insurance Services Ltd [2017] AC 1173 at [13]. conclusive if a reasonable person would conclude that such a meaning would be anomalous or “uncommercial” and cannot have been intended by the parties.4 [16] The position in New Zealand, however, appe

2. [2021] NZEnvC 183 Clutha District Council v Vreugdenhil Family Trust Partnership [pdf, 358 KB]

   ...cases [29] There is little guidance in the LGA as to the factors, other than those referred to in the Tenth Schedule, that are to assist in the court’s determination as to whether a road ought to be stopped. [30] As noted by the court in Re New Plymouth District Council,18 the lack of statutory direction means that the court may have regard to a wide range of relevant factors, although a central issue is whether or not the roads to be closed are needed for public use. [31] T...

3. [2023] NZEnvC 211 Masterton District Council [pdf, 782 KB]

   ...Rural Lifestyle Zone, which is located directly adjacent to the Masterton urban area, lifestyle development is anticipated and subdivision is enabled down to a minimum allotment size of 0.5 ha. [26] Mr Horrell says that the changes will bring new opportunities for some landowners to subdivide for rural lifestyle, namely those in the Rural Lifestyle Zone and those on properties less than 4 ha within Carterton and South Wairarapa districts that are not located within particular overl...

4. De Wet v North Shore City Council [pdf, 323 KB]

   ...on the grounds that these were costs that would have been incurred for maintenance in any event: claim-02109.doc 14 Cost of repainting exterior of house 8,500.00 Cost of repainting interior of house 4,810.00 Cost associated with new carpet 704.00 Total $14,014.00 5.4.2. The CoveKinloch Consultants account of 30/6/05, $6,735.00, are costs in preparation for the adjudication. Maintenance Costs 5.5. Certainly a dwelling needs regular maintenance. This dwellin...

5. [2013] NZEmpC 235 Young v Bay Of Plenty DHB [pdf, 181 KB]

   ...lead to the ending of his employment effectively preclude him from obtaining other work in his field. Mr Young says that because his spouse is in employment, he is unable to qualify for legal aid or for financial assistance from Work and Income New Zealand, and has to depend for his livelihood on the charity of his family. He has some work as a caregiver. He says that this has put considerable strain on his marriage. He wants the order for stay removed so that he can prosecute h...

6. LCRO 136/2017 RAI and SEM v EYR, IPA and DYN (26 November 2018) [pdf, 333 KB]

   ...parents on J’s birth certificate. They both 2 cared for J until she was 2 and continued to share her care after they separated. They worked to an agreed timetable that enabled J to spend equal time with each of them. [4] Both women formed new relationships. Ms JOP’s new partner lived not far away, but Ms RAI’s new partner, Ms ULA, lived in [City 1]. [5] Cementing her relationship with Ms ULA was obviously important to Ms RAI. However, Ms ULA had her own ties. If t...

7. [2022] NZEnvC 009 G&T Family Trust v Western Bay of Plenty District Council [pdf, 104 KB]

   ...section 120 of the Act BETWEEN DAME NOELINE TAURUA AND EDWARD JAMES GOLDSMITH AS TRUSTEES OF THE G&T FAMILY TRUST AND (ENV-2020-AKL-000165) Appellant WESTERN BAY OF PLENTY DISTRICT COUNCIL Respondent Alternate Environment Judge L J Newhook sitting alone under section 279 of the Act i Date of Order: 2 .. 8 JAN 2022 Date of Issue: 2 8 JAN 2022 CONSENT ORDER A: Under section 279(1)(6) of the Resource Management Act 1991, the Environment Court, by consent, orders...

8. S v J LCRO 5 / 2008 (13 February 2009) [pdf, 39 KB]

   ...life alleged. It was also the charge to which a weaker defence existed (given the fact that Client S’s son was aware of the former incident and had taken his co-offender to the second toilet and was present at the incident). 2 [3] The Legal Services Agency assigned a Counsel A to assist with the proceedings as counsel on a legally aided basis. Initially Client S’s son was granted bail, but as a result of four breaches of bail he was placed in custody on 2 May 2008 when he ap...

9. Kashimoto v Mizoguchi [2016] NZIACDT 74 (21 November 2016) [pdf, 257 KB]

   ...this complaint in a decision dated 30 August 2016, Kashimoto v Mizoguchi [2016] NZIACDT 42 (www.justice.govt.nz). The Tribunal found: [1.1] Mr Mizoguchi is a licensed immigration adviser. [1.2] He failed to obtain a written agreement for the services as required under Code of Conduct. [1.3] After the complainants terminated his instructions, he attempted to have them sign a back dated agreement, and withheld a refund because they did not do so. [2] This decision imposes s...

10. [2019] NZCAA 13 (5 August 2019) [pdf, 384 KB]

    ...for the Appellant Crown Law Office, Wellington, for Customs BEFORE THE CUSTOMS APPEAL AUTHORITY Decision: [2019] NZCAA 013 UNDER The Customs and Excise Act 1996 BETWEEN XXXX Appellant AND Chief Executive of the New Zealand Customs Service Respondent Hearing: 26 and 27 June 2019 Counsel: Ms V Sullivan and Ms K Keating, counsel for the appellant. Ms P Courtney, counsel for Customs Decision: 5 August 2019 DECISION...