Search Results

1. UQ & XQ v B Ltd & BT [2023] NZDT 743 (8 December 2023) [pdf, 188 KB]

   ...card charges, or in other words are losses recoverable that may not be direct but are consequential and foreseeable? 5. When one person breaches their duty of care as a driver, they are liable for the costs of repair and other costs which are permitted to be claimed by the law of negligence. 6. The Applicants were charged an amount for the rental car while their car was being repaired. It took C Ltd an unusually long time to repair the vehicle. The Applicants insurance policy with...

2. [2024] NZEnvC 007 Teasdale v Te Marua Golf Club Inc [pdf, 172 KB]

   ...[19] For its part the Applicants say the situation with the river, flood protection works and the erosion of its land was complex and “difficult to disentangle or distil” and that the accepted historic non-compliance by the golf club with the permitted height of flood protection works gave them cause to pursue the matter. Is an award of costs warranted? [20] As the Court found in Wislang v Martin2 “it is accepted practice that where privately instigated enforcement proceedi...

3. Appendix-12_Sarah-Newall_s87F_198D-Report_Site-Contamination_28-April-2023.pdf [pdf, 313 KB]

   ...DSIs for all identified pieces of land where the PSI cannot conclude that it is ‘highly unlikely that there will be a risk to human health if the change of use is made’ (Regulation 8(4) and/or that the soil disturbance component cannot meet permitted activity thresholds (Regulation 8(3))? 56. Contrary to the implication in the section of the PSI quoted at paragraph 53 above, Waka Kotahi’s answer was:7 Waka Kotahi considers that the PSI is complete for its intended purpos...

4. LW v QT Ltd [2023] NZDT 170 (7 June 2023) [pdf, 219 KB]

   ...agreed between the parties. 12. Photographs attached to an email sent by QT Ltd to LW show the presence of signage in the area where she parked. One sign indicates that this area was a bus stop for the third-party company and there was no parking permitted. There was also another sign which indicated no parking. While the copy of the photo produced to the Tribunal was small and difficult to read, I find it likely that this sign was the same as the one visible on QT Ltd’s website. LW...

5. [2021] NZACC 77 – Herbst v ACC (25 May 2021) [pdf, 156 KB]

   ...will not grant leave to reinstate it. The only circumstance in which the appeal can be revived is where the appellant did not intend to abandon the appeal so that the abandonment should be set aside. … [6] I am not aware of any authority permitting reconsideration of an appeal voluntarily abandoned. There is nothing in the rules that would assist the proposed appellant. It is possible that the application could still be approached either through the Court’s inherent power...

6. [2016] NZSSAA 017 (11 March 2016) [pdf, 64 KB]

   ...good faith; (d) the beneficiary changed his position believing he was entitled to receive the money and would not have to repay it; and (e) it would be inequitable in all the circumstances, including the debtor’s financial circumstances, to permit recovery. [27] Pursuant to s 86(9B) of the Act, the term “error” includes: (a) the provision of incorrect information by an officer of the Ministry; (b) an erroneous act or omission occurring during an investigation of benefit en...

7. Duty lawyer instructions for Auckland Dourt [pdf, 65 KB]

   ...the team as a whole. 26. Supervisors will ensure that members of their own firm or chambers are not given opportunities for replacement over and above those provided to other available duty lawyers. 27. “Swapping” of sessions will not be permitted. Swapping involves changes to two rostered days each time there is a replacement, and undermines the overall objectives of team-based rostering – ie setting up teams of duty lawyers who have the desired range of skills and attribute...

8. ENVC Hearing 6Oct14 AC evidence chief Leon Blackburn [pdf, 946 KB]

   ...the 100 year annual return interval event; f) Condition 23 – requires the pre-construction meeting with Council to include the site stormwater engineer; g) Conditions 49 to 55 – these are the specific conditions for the stormwater discharge permit. I continue to support those conditions (although I note that conditions 10 and 12 are standard engineering conditions, rather than specific stormwater discharge and diversion conditions per se). 24. However, in light of the...

9. BORA Kermadec Ocean Sanctuary Bill [pdf, 231 KB]

   ...permissible. 3. In order to achieve this purpose, the Bill introduces a range of prohibited activities within the Kermadec Ocean Sanctuary: mining, fishing, seismic surveying, and the dumping of waste and other matter. 4. Some of these activities are permitted by the Bill in certain circumstances. For example, the Bill allows seismic surveying for the purpose of scientific research on successful application to the Environmental Protection Authority. Applicants must consult with loc...

10. 2021-04-21 Minute - PC8 - Mediation and Expert Conferencing [pdf, 229 KB]

    ...a multi-party case, such as this, the court will require parties to agree on the general order in which they cross-examine witnesses and will limit the cross- examination of witnesses by parties having the same interest. [23] The court will not permit unduly protracted cross-examination of witnesses. The party seeking to cross-examine is to abide by any directions the court has made on cross-examination. Cross-examination is also a topic that the Friend of Submitter may be able to...