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1. [2023] NZEnvC 226 Scaife v Queenstown Lakes District Council [pdf, 1.2 MB]

   ...discretion and associated standards and in a lack of any signal that consent applications for such activities would be non-notified (22.6).7 [23] As is the case for other zones for the district’s rural environment, the RLZ gives emphasis to the protection of ONF/Ls and the maintenance of landscape character and maintenance or enhancement of visual amenity values of rural 7 In contrast, r 22.6.2 signals limited notification for “residential visitor accommodation” and “h...

2. Joint Application to Make a New Parenting Order by Consent [pdf, 603 KB]

   PAGE 1Joint Application to Make a New Parenting Order by ConsentV1 July 2019 G U ID E The purpose of this form Use this form if you and all other ‘interested parties’ (any parent, guardian, person named on an existing Order or has care and/or contact responsibilities of the child(ren)) have reached agreement about arrangements for day to day care and/or contact of the child(ren) and you want the court to make a Parenting Order by consent. Who should fill in this form? This form must b...

3. LCRO 72/2020 ZW v CB (29 September 2020) [pdf, 204 KB]

   ...[X] to take no further action in respect of his complaint concerning the conduct of the respondent, Mr CB. Background [2] Mr ZW’s house was undergoing renovations. The roof was removed. The house was enclosed with shrink wrap to provide protection against the elements. The house was hit by a storm. The shrink wrap failed and, as a consequence, both the house and its contents suffered damage. [3] The cost of the water damage was estimated to exceed $100,000. 2 [4] The...

4. Edinburgh Realty Ltd & Ors v CAC20004 & Anor [2016] NZREADT 5 [pdf, 320 KB]

   ...commission and therefore nothing to dispute, and we have no complaint about Edinburgh Realty. Plus as above there was not a requirement to have an appointment in writing as the new Act had not come into force.” [36] Of course Mr Lane Sievwright was carefully taken through his evidence under cross examination by Mr Gray. Inter alia, he said that he never wandered around the interior of the property so that he had no idea of the sponginess of the floor or the musty smell which might in...

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

   ...was the subject of submissions as reported in the Interim Decision and the court then determined the basis upon which it was appropriate to proceed. By way of background, the determination the court made at that stage was against a background of careful case management in discussion with parties. It was according to directions made in that context, largely as proposed by QLDC, for this sequential approach to the WBRAZ appeal points. [19] The court remains of the same mind, being...

6. [2023] NZEnvC 027 AJ & VF Barr Family Trust v Whakatane District Council [pdf, 1.4 MB]

   ...retail or industrial activity. Commercial service means the provision of a service activity for reward, and includes offices and medical facilities, but does not include a retail or industrial activity. The first instance decision said:4 We have carefully considered the wording and the intention of the foregoing ODP definitions. In respect of the expert evidence given and the legal submissions made regarding this matter we find that both on their face and in the wider context of th...

7. WA & WB v North Islands Standards Committee LCRO 127 / 2012 (5 June 2013) [pdf, 96 KB]

   ...clients of [VXZ]. 14. The Committee noted there was nothing to suggest dishonesty on the part of the practitioners however there had been serious breaches of the legal requirements for the operation of lawyers’ trust accounts, which exist for the protection of clients and for the maintenance of public confidence in the legal profession. [11] It then made the following orders: In relation to Mr [WA] the Committee makes the following orders: a. That Mr [WA] be censured pursuant...

8. BORA Misuse of Drugs Amendment Bill [pdf, 171 KB]

   ...interest of the intrusion on the particular right protected by the Bill of Rights Act; (3) the limits sought to be placed on the application of the [Bill of Rights] Act provision in the particular case; and (4) the effectiveness of the intrusion in protecting the interests put forward to justify those limits." In our view this passage strikes the right note by capturing the nuanced and flexible standards that s 5 will ultimately require. 13. In essence, the inquiry is two-fold:...

9. Pepere - Tikitiki A23 (2001) 61 Ruatōria MB 150 (61 RUA 150) [pdf, 688 KB]

   ...further proceedings for rates accrued since the last action, and that although they would Seal Judgment they did not intend taking the matter any further while the existing Attachment Order of $50.00/week is operating. The GDC noted its intention to protect its ability to proceed with a sale of the property should the Attachment Order fall over. On 6 March 2001, the matter came before me for the last time before I reserved my decision. (See 60 Ruatoria MB 44-54) At that hearing counsel f...

10. CAC 413 v Marr [2019] NZREADT 28 - Penalty (1 July 2019) [pdf, 201 KB]

    ...being provided by a funder, Mr Parkin. On Ms Marr’s and Mr Parkin’s instructions, Ms Guttenbeil inserted, signed, and initialled a nomination provision in favour of Mr Parkin into the auction sale agreement. Mr Parkin insisted on this as a protection in the event that Ms Marr could not obtain finance to complete the purchase. [4] Ms Marr intended that the property would be owned by two of her children. She arranged for two Agency-branded agreements for sale and purchase to be...