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1. 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...

2. Pilbrow & Anor as Trustees of the Pilbrow Family Trust v Moorhead [2011] NZWHT Auckland 31 [pdf, 352 KB]

   ...general terms if the report found moisture problems in the building frame then a number of areas around the building, yes, a re-clad would be justifiable. [100] As Mr Hough has submitted, liability has been imposed in similar cases.8 [101] In summary I find that Mr Craven and CBL are liable for primary defect 1. They owed and breached duties of care to the claimants causing substantial damage requiring a full reclad. All the relevant evidential requirements have been m...

3. [2018] NZEnvC 122 Lee Valley Limestone v Tasman District Council [pdf, 4.6 MB]

   ...residences, but will not exceed 60dB LAFmax. Dr Trevathan considered that predicted noise levels from the operation of the quarry would not cause any adverse effects on the amenity of neighbouring residents that was more than minor. 5 NOE page 101. 10 [30] Dealing specifically with noise from vehicles received at 1072 Takaka Valley Road (Ms Price's property), Dr Trevathan considered that the measured noise level from existing daytime traffic of around 60dB LAeq would mask...

4. Nakarawa v AFFCO NZ Ltd [2014] NZHRRT 9 [pdf, 168 KB]

   ...Ministry of Social Development v Holmes [2013] NZHC 672, [2013] NZAR 760 (8 April 2013) (Fogarty J, GJ Cook JP and Hon KL Shirley) at [103] to [108]). In any event the more recent submissions filed by Mr Nakarawa now seek an award of $15,000.00. [101] We have already expressed the view that the circumstances in which AFFCO summarily terminated Mr Nakarawa’s employment by reason of his religious beliefs 27 constituted a serious infringement of Mr Nakarawa’s right to be free fr...

5. [2012] NZEmpC 95 Strachan v Moodie [pdf, 323 KB]

   ...share of the practice’s bank account balance as at 31 January 2006 (the claimed share being $7,027.47). I also allow the plaintiff’s claim to expenses incurred by her personally but not reimbursed by the practice which total $2,022.27. [101] Finally in this regard, the plaintiff accepts that she must have a deduction for what were described as “judgment debtor” matters for which she was instructed by Mr Moodie to invoice directly although using the Moodie & Co GST numb...

6. National Standards Committee v Orlov [2013] NZLCDT 45 [pdf, 390 KB]

   ...apologise.” [100] We infer from all of this Mr Orlov was well aware of the contents of the application and approved the same. To claim he did not draft them is disingenuous and disrespectful. He must take responsibility for the statements made. [101] We also note that at this time Mr Orlov and Mr Deliu swore affidavits seeking Harrison J’s recusal in the L case. It is submitted by the NSC that the filing of originating application, coinciding as it does with the L recusal ap...

7. Pue v Kīngi - Te Rūnanga o Ngāti Maru (Taranaki) Whenua Tōpu Trust (2015) 335 Aotea MB 1 (335 AOT 1) [pdf, 389 KB]

   ...bank account and that Mr Tokotaua was responsible for “administering” the account. The signatories were Ron Puata, Dennis Patuwairua and Mrs Kīngi. She says that invoices can be provided for cheques cashed between 9-27 November 2012. [101] Mrs Kīngi emphatically denied shredding documents. She submitted that documents that were destroyed were surplus and excess information, not the originals as claimed. Mrs Kīngi also denied ever tampering with the computers and said that...

8. Proactive-release-Electoral-Amendent-Bill-Political-Donations-FINAL2.pdf [pdf, 2.4 MB]

   ...Electoral Act 1993 (‘the Act’) will be made following that review (in the next parliamentary term). 10. I consider that the Independent Review, considering its scope is best positioned to look at three of the Committee’s recommendations, namely: 10.1. reviewing the legislative framework for elections, to ensure there is adequate resilience to emergencies; 10.2. reviewing the rules for election day advertising at section 197 of the Act and their alignment with the rules that apply...

9. Regulatory Impact Statement - Criminal justice proposals to counter foreign interference in New Zealand [pdf, 2.3 MB]

   ...by establishing a cross-agency working group to inform the development of options. This incorporated perspectives from the intelligence, enforcement and defence sectors, but also foreign affairs, ethnic communities, media regulation and academia. 101. The working group included representatives from: DPMC (National Security Group), Police, NZSIS, Government Communications Security Bureau (GCSB), Ministry of Foreign Affairs and Trade (MFAT), Ministry of Defence, New Zealand Defence Force...

10. [2024] NZEnvC 274 Department of Corrections v New Plymouth District Council [pdf, 734 KB]

    ...service activities.; and 7. community corrections activities. Activities Rules OSZ-R7 Educational facilities OSZ-R8 Community facilities OSZ-R9 Community corrections activities OSZ-R910 Medical and health services OSZ-R101 Retail activities OSZ-R112 Business service activities OSZ-R123 Commercial service activities Activity status: DIS Activity status where compliance not achieved: N/A Consequential re-numbering of OSZ-R13 - OSZ-R17 ht...