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1. SU v F Ltd [2023] NZDT 266 (25 May 2023) [pdf, 108 KB]

   ...added for late payment, and $50 for debt collection fees. 2. The issues to be determined are: a) Did SU breach a contract with F Ltd? b) Are the charges enforceable? Did SU breach a contract with F Ltd? 3. Where a private car park has signs permitting parking under certain conditions, the courts have found that someone parking there may be accepting an offer to enter into a contract on those terms. 4. F Ltd provided evidence that it had signs at the entrances to the car park tha...

2. LCRO 5/2020 AJ v BN (30 September 2020) [pdf, 263 KB]

   ...property had the benefit and the burden, and provided that (a) the owner for the time being of each property would “[n]ot…[p]ermit or suffer [the property] to be used for any trading or commercial purposes, or any other use other than those permitted by the District Plan of the relevant local authority”, and (b) any “breach or non-observance” could lead to a claim for liquidated damages of $5,000”, as well as being required to remedy the breach for which entry was permitt...

3. Protection-Order-applications-flowchart_JUN2023_v1.0.pdf [pdf, 184 KB]

   ...for a without notice application. Breach of Police Safety Order - a Police Safety Order (PSO) can be issued by Police to protect people at risk from violence, harassment or intimidation. If the person bound by the PSO does anything that is not permitted, Police can take them to the District Court and request a temporary Protection Order be issued. This occurs as long as there is no objection from the person being protected. This temporary Protection Order follows the process for a wi...

4. [2020] NZEmpC 134 Reimann v Hodgson [pdf, 192 KB]

   ...in the order of $26,000 into Court prior to their being able to proceed with their challenges. Counsel for Mr Hodgson also submits that, regardless of his application for security for costs, the de novo hearing of the challenges should not be permitted to proceed until the costs awarded by the Employment Relations Authority (the Authority) from the last hearing have been paid to Mr Hodgson by Mr Reimann and Mr Hurst.1 [2] For the reasons set out in this judgment, Mr Hodgson’s ap...

5. OX v ND [2022] NZDT 62 (29 June 2022) [pdf, 111 KB]

   ...before OX vacated the premises. I am unable to agree that ND breached the contract in the way the events actually unfolded. 7. In any event ND may have been able to rely upon clause 8 which provides that “Drugs and other illegal acts” are not permitted and the head tenant reserves the right to summarily evict the tenant. Further as I pointed out to OX in the hearing, if he had taken his possessions away, then the bond would almost certainly have been refundable at that time, subj...

6. [2023] NZEnvC 084 Aratiatia Livestock Limited v Southland Regional Council [pdf, 189 KB]

   ...2023 hearing: (a) is there scope for a different activity status in relation to Rule 78? (b) is there scope for a new rule to be included in the plan limited to the sub-clauses under appeal? The status of a new rule is something other than a permitted activity; (c) if there is no scope in relation to activity status per se, then whether the court allows or declines the appeals seeking new or amended sub- clauses to Rule 78. 9 Policy 30 and Rule 78 are to be referred to the...

7. Ballance-Agri-Nutrients-Limited.pdf [pdf, 738 KB]

   ...Standard 1(d) 5.3 Beef+Lamb notes that Schedule C provides minimum standards that relate to fertiliser application. Beef+Lamb consider that FEPs are a key implementation tool for PC1. It is noted that Schedule D1 sets out the requirements for FEPs for permitted farming activities and includes standards for fertiliser application. Beef+Lamb highlight that the Decisions Report provides for an application rate for nitrogenous fertiliser of no more than 30kgN/ha per dressing on the basis...

8. FQ v RH [2023] NZDT 552 (3 July 2023) [pdf, 95 KB]

   ...and I went through all the details of the contract and the Secondhand Dealer and Pawnbrokers Act 2004, and his registration status and actions under them in some detail in case the claim was not time barred. I note that the Act (and the contract) permits the pawnbroker to keep only the amount required for the redemption of the pledge including any legally enforceable expenses or interest, and not the whole value of the item. The excess realised upon sale of the item, as provided for in s...

9. N v K LCRO 03 / 2009 (3 February 2009) [pdf, 17 KB]

   ...nature. This is appropriate in light of the statutory purposes of the complaints and discipline framework found in s 120 of the Act which are focussed on expeditious disposal of complaints. [10] I am satisfied that the Standards Committee is permitted to cease its enquiries once the person complained against has been given an opportunity to respond to the complaint. A decision to cease any further enquiries must of course be reasonable in all of the circumstances. In this case t...

10. ENVC paper Guizhou Province Judges 2015 [pdf, 337 KB]

    ...administering applications for resource consent, the councils (and the Environment Court if there are appeals) have potentially to consider several different levels of activity status, as prescribed in the regional or district plans. These levels are “permitted”, “controlled”, “restricted discretionary”, “discretionary,” “non-complying” and “prohibited.” Generally speaking, the lower down that list an activity status is, the harder it will be to get consent. I...