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1. G v EQC [2021] CEIT-2019-0056 [pdf, 874 KB]

   ...liveliness [100] Mr G also says that the existence of liveliness in the floor of his property is evidence of earthquake damage and supports his claim to a full foundation replacement. As set out above, the evidence does not support that. [101] The floor liveliness is explicable by the lack of mechanical fixings between the piles and bearers. This is an as built detail commensurate with the age of the construction. [102] In addition, the evidence of Mr Thurlow was that the su...

2. LCRO 034/2017 TC v DM (30 April 2019) [pdf, 287 KB]

   ...preference to settle as soon as possible, thus avoiding the possibility of her incurring a penalty for late settlement in the form of a requirement to compensate the purchaser for rent the purchaser would have received from the sitting tenant. [101] Whilst Ms DM had advised Ms TC of the agreement to extend the settlement date, she had not provided a specific date for Ms TC to work to. Ms TC was understandably aware of the difficulties that could arise if there was any uncertainty...

3. Chittock v ACC [2014] NZACA 4 [pdf, 157 KB]

   ...to right oneself if balance is lost, ability to cope in an emergency, ability to be left alone, need for supervision (apart from direct supervision for daily care), need for turning throughout the night and ability to control body temperature. [101] … The majority, if not all, claimants requiring constant personal attention are able to attend to various tasks and functions, but there is a need for them to have someone ‘reasonably’ present rather than actually carrying out the fu...

4. Bristol v Ngāti Rangi Trust - Rangiwaea-Tāpiri [2017] Chief Judge's MB 269 (2017 CJ 269) [pdf, 435 KB]

   ...the Tribunal’s findings that Ngāti Rangi, Ngāti Uenuku and Ngāti Tamahaki are all closely related, it is perhaps unsurprising that no objections were received at the time of the earlier proceedings, notwithstanding the claims over notice. [101] That said, in my assessment, the applicants have not provided any further and compelling evidence that, although they have an interest in the land of some kind 56 329 Aotea MB 139-207 (...

5. [2023] NZEnvC 041 Barnhill Corporate Trustee Limited v Queenstown Lakes District Council [pdf, 350 KB]

   ...corresponding rule in 27.6.1; (ii) Subtopic 2, group 3: BDT (ENV-2019-CHC-036): Moderate rated areas proposed by Council within LCU 11 (East of Lower Shotover Road), Pol 24.2.1.1Bb, rr 24.5.1.6.2, 27.5.18Cd and corresponding rule in 27.6.1. 33 [101] Insofar as appeal points in Topic 31 allow scope for the final wording of some specified provisions to be revisited, this decision leaves that for determination in Topic 31. That is part of why we do not make directions at this...

6. Appendix-10_Michael-Thompson_s87F-Report_Water-Take-and-Allocation_28-April-2023.pdf [pdf, 893 KB]

   ...Ngāti Raukawa do not consider that the consent conditions adequately provide for their cultural values, relationships with their ancestral lands, water, waahi tapu, and other taonga, for their kaitiakitanga responsibilities, and their mana. 101. I am not aware of specific matters or concerns raised about, the Waitohu Stream and proposed water take from my review of Section 40 of the Waka Kotahi AEE Volume II (Cultural effects). However, it is beyond the bounds of my expertise or...

7. MK v Accident Compensation Corporation [2024] NZACC 45 (8 March 2024) [pdf, 460 KB]

   ...prior to the enactment of the 2001 Act, ACC could consider a request for social rehabilitation for that period if there was a written application and the relevant entitlement was agreed in an individual rehabilitation plan at the relevant time. [101] On the evidence before me, I conclude that in the appellant’s case, there was no such agreed individual rehabilitation plan at the relevant time, that is from 1999 to 2002. Therefore, I must conclude that the appellant does not have...

8. 2021-02-12 Willowridge Affidavit Alison Devlin Exhibit A [pdf, 20 MB]

   ......................................................................................................... 42 10.0 Vegetation Management ................................................................................................................... 43 10.1 Performance Criteria ......................................................................................................................... 43 10.2 Limit of Clearing ......................................................................

9. Appendix-16-Waka-Kotahi-refinement-of-application-with-attachments.pdf [pdf, 2.7 MB]

   ...enclosed area for pest animal incursions must be undertaken until the completion of the period set out in Table REM10- 110 for a period of two (2) years following eradication of possums, rats, feral cats, feral pigs, hedgehogs and mustelids. Table REM10-1: Lizard Relocation Area Management and Monitoring Period Number of lizards captured and relocated Duration (from relocation of last lizard) Less than twenty (20) lizards Two (2) years Between twenty (20) and fifty (50) lizards Three...

10. Waitangi Tribunal Bibliography Part 1 [pdf, 177 KB]

    ...Tribunal research series (1993), no. 10 1993, 39pp Woodley, Suzanne, Manaia 1C, Coromandel, Waitangi Tribunal research series (1993), no. 11 1993, 61pp Woodley, Suzanne, Matakana Island, Waitangi Tribunal research series (1995), no. 5 1993, 101pp Woodley, Suzanne, Tuhua (Mayor Island), Waitangi Tribunal research series (1993), no. 8 1993, 57pp Waitangi Tribunal occasional publication series (1993) 1. Nikora, Tarah; Bennion, Tom, Maori Land Legislation, 1862–1908 2. Mor...