Search Results

1. [2017] NZEnvC 092 Golden Bay Grandstand v Heritage New Zealand [pdf, 2.7 MB]

   ...[98] (above) make it inappropriate to grant this application for enforcement orders, notwithstanding the national importance aspect of the historic heritage issue. 59 60 61 RMA s 314(1)(a)(i). Section 6(f) RMA. Section 7(c) RMA. 33 [101] We have acknowledged the amenity value of the Grandstand as a site for viewing the annual A&P show but consider that there is a counter balancing factor arising from the provision of a modern community recreational complex for use 12...

2. LCRO 28/2021 RW v BD and Law Firm A (3 May 2022) [pdf, 330 KB]

   ...firm that occurs at a time when he or she or it is providing regulated services and is conduct that falls short of the standard of competence and diligence that a member of the public is entitled to expect of a reasonably competent lawyer; … [101] Rule 6.1 of the Conduct and Client Care Rules provides: 6.1 A lawyer must not act for more than 1 client on a matter in any circumstances where there is a more than negligible risk that the lawyer may be unable to discharge the obligations...

3. [2022] NZEmpC 192 E Tū Inc v Rasier Operations BV [pdf, 483 KB]

   ...Worldwide (NZ) Ltd the Employment Court had held that the putative employer bore the onus of displacing a presumption of employment status for the purposes of s 6.34 The Court of Appeal took a different view, observing that:35 30 At [93]-[101]. Note that it has been suggested that on the case’s findings of fact it is arguable that the drivers were employees: McGaughey, above n 24. Note too that a Bill is now before the House of Lords to remove the distinction between “worke...

4. Evaluation of Whanau Protect (National Home Safety Service) 2022 [pdf, 1.6 MB]

   ...Consequences ...................................................................................................... 73 10 Recommendations ................................................................................................................... 74 10.1 Awareness of the Service and Eligibility Criteria ..................................................................................... 74 10.2 Referrals ................................................................................

5. White v Potroz - Mohakatino Parininihi No 1c West 3A2 [2016] Māori Appellate Court MB 143 (2016 APPEAL 143) [pdf, 479 KB]

   ...land. 40 Haddon – Pakiri R (1994) 3 Taitokerau Appellate MB 178 (3 APWH 178) at [31]. 41 Re Puhi Mahi to Hutchison [1919] NZLR 82 (HC) at p 84. 2016 Maori Appellate Court MB 175 [101] Ms Hughes also sought to distance the present facts from the effect of the proviso in s 219(2) of the 1909 Act, which we set out once again: 219 Native Land Act 1909 … (2) On confirmation being so granted the instrument of alienat...

6. Huang v Leung [2010] NZWHT Auckland 16 [pdf, 284 KB]

   ...she was acting as a residential property developer for the dwelling in question. According to Ms Leung, this is particularly the case since she purchased the land and had the house designed and built for her to live in with her family. [101] Notwithstanding that information however, Ms Leung accepts that she did exercise a degree of control over construction and would owe the claimants a duty to exercise reasonable and care in carrying out her role in co-ordinating the vario...

7. Family Lay Advocate and Court Registry Handbook [pdf, 579 KB]

   ...is uplifted for a maximum of 5 days Application for place of safety warrant If there is high risk Options include 10 Judicial Conference in the Family Court Application is opposed Mediation (s170) Custody ss 101-109 Hearing (s150) Agreement/Plan is developed Order made Adjourned for filing of plans, report and identification of orders sought Application is unopposed Access ss 121-124 Guardianship ss 110-120 Restraining ss 87-90 Support...

8. CAC 10007 v Wallace [2012] NZREADT 34 [pdf, 222 KB]

   ...heard on the defendant’s application to be licensed; and briefs of evidence were provided; and under that “pathway” the defendant was “dealt with” in relation to the “conduct” which had been the subject matter of the complaint. [101] Mr Collecutt also submits that the REINZ subsequently received an appropriate explanation and determined that the complaint should not be taken any further. However, we do not know that. [102] We accept that both the REINZ and the Boar...

9. Wiezoreck v McHugh [2013] NZIACDT 35 (4 June 2013) [pdf, 240 KB]

   ...nature of the “budget service” precluded her taking professional responsibility for the outcome. She said that after a client filed an application they may take steps without reference to her, and prejudice their case. Further documentation [101] Ms McHugh produced a copy of her file, and also statutory declarations from Mr Rupert Ward, the director of Oceania. Mr Ward discussed meeting with Mr Wiezoreck and Ms Mulder, and also spoke of what he considered to be Ms McHugh’s high...

10. Ashmore v Armstrong - Te Huruhi 12B (2021) 232 Waikato Maniapoto MB 219 (232 WMN 219) [pdf, 522 KB]

    ...landlocked? [100] The block is landlocked only if the accessway is not held in a fiduciary capacity by the persons currently registered on the separate accessway title. I therefore must first determine whether the accessway is held in that capacity. [101] Title to the accessway was transferred in 1995, when the adjoining land block was subdivided. At that time, the Trustees of the Trust were Ngaire Newton, Neil Rogers, Reremoana Ashmore, Isobel Heemi, Anthony T A Mataira and Gordo...