Search Results

1. [2018] NZEnvC 237 View West Limited v Auckland Council [pdf, 2 MB]

   ...commercial feasibility of the potential redevelopment of the hall. It received advice from Mr McKenna who is a property developer with extensive experience which has included the redevelopment of heritage buildings in the Mount Eden locality. [101] Also involved on behalf of Auckland Council were Mr Matthews who provided architectural advice, Mr Walker, a registered valuer, and Mr Sammons, a quantity surveyor. [102] Based largely on plans prepared by Messrs McKenna and Matthews, a...

2. Moko Sayviah RANGITOHERIRI (CSU-2015-ROT-000302) [pdf, 2 MB]

   ...plans are on the whiteboard. Dr Morreau said he is optimistic. He is an expert in the field. I'm optimistic, that for instance, there's going to be a new professional conference framework delivered by the end of the year". 34 [101] "So, in summary, that is my 10-point set of observations and I am happy to expand further if required but I think it better to put it in that way than repeat all 17 pages. Judge Becraft said, "All roads lead back to genuine soci...

3. [2020] NZEnvC 211 Panuku Development Auckland Ltd v Auckland Council [pdf, 2.3 MB]

   ...stage, the consent holder shall submit a report confirming the building design complies with condition 100 to Auckland Council Team Leader Central Monitoring. The report must be prepared by a suitably qualified and experienced acoustic specialist. 101. (a) Noise sensitive spaces must be designed and/or insulated so that the internal noise levels do not exceed the levels below based on the maximum level of noise permitted by the zone or precinct standards or any adjacent zone or precinct...

4. ENVC Hearing 6Oct14 TGKL lay attach 3 hazardous substances [pdf, 881 KB]

   ...waahi tapu, valued flora and fauna and other taonga outweigh the risks. 9. International obligations 9.1. No international obligations were identified that may be impacted by this reassessment. 10. Commentary around additional controls 10.1. Where a substance poses non-negligible risks, controls should be imposed on the substance to help manage those risks. The staff’s risk assessment has indicated that additional controls are required to mitigate the risks for all of the a...

5. Director of Proceedings v Oceania Care Company Ltd [2022] NZHRRT 8 [pdf, 923 KB]

   ...A (deceased). At all material times Mr A was a consumer of health services. 3. The defendant, Oceania Care Company Limited, is an incorporated company having its registered office at Affinity House, 2 Hargreaves Street, St Mary’s Bay, Auckland 1011, New Zealand. 4. At the time of the events in question, the defendant owned and operated residential care facilities, including the Rest Home and Village (“the Rest Home”) where Mr A was a resident. 5. At all material times the defendan...

6. Far North District Council - Okahu 3B2B2 (2015) 97 Taitokerau MB 234 (97 TTK 234) [pdf, 396 KB]

   ...to trustees [100] In addition to directing the interim responsible trustees to convene a general meeting within 12 months to address trusteeship (and this trust order) I will also be directing the trustees in relation to three other matters. [101] First, the interim responsible trustees will need to ensure that all money, assets and other documentation currently held by the IMC are transferred to the interim responsible trustees forthwith. Mr Mahoney indicated that would not be a p...

7. LCRO 182/2017 TP v ZN (14 September 2020) [pdf, 414 KB]

   ...the review process for his own benefit. [100] Further, Mr TP argued that the delay until the High Court finally deals with the proceedings before it, is unlikely to result in any prejudice to the parties involved in this review application. [101] For her part, Mrs ZN is pushing for the review application to be heard and determined so that her conduct complaints are finalised. [102] I agree with Mr TP that where there are contested issues of fact before a Standards Committee or a...

8. Children and young people with charges finalised in any court December 2020 [xlsx, 348 KB]

   ...of 66,114 people). The number of children and young people (aged 10-16 years) with charges finalised in any court has more than halved since 2011, decreasing from 3,591 children and young people to 1,080 in 2020 (a 70% decrease). In 2020, in total, 1,101 children and young people (70%) had their most serious charge proved. As a result, they were either discharged under section 282 (816; 52% of children and young people charged), received a Youth Court order under section 283 (285; 18% of child...

9. Strickland v Gaensicke [2011] NZWHT Auckland 46 [pdf, 273 KB]

   ...in the construction work in order for him to owe a duty of care and that if the construction work was performed negligently he breached that duty of care. This submission however goes beyond established legal principles and precedent. [101] It is well settled law in New Zealand that a builder owes a duty of care to any person whose property they should reasonably expect to be affected by their work. The builder‟s duty is to take care to prevent damage to the property. Th...

10. Kelleway v Insar [pdf, 283 KB]

    ...Lack of sill and jamb flashings [99] An inquiry into this issue raises three distinct questions. [100] The first concerns whether the provision of sill and jamb flashings was a mandatory requirement under the Building Act 1991 in 1997. [101] Mr Maiden stated in his report dated 17 August 2000 that the lack of jamb and sill flashings to window and door openings is contrary to the building code. [102] Against that, Mr Alexander stated at paragraphs 35 & 36 of his bri...