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1. Chee v Stareast Investment Ltd [pdf, 97 KB]

   ...they did not create a cavity in the technical sense. The Tribunal concludes there was no cavity designed for the purposes of enabling moisture penetration to drain away, and therefore the failure of the builder to construct a cavity was not a negligent omission. Further all experts agreed that at the time of construction, the Building Code had no requirement for a cavity. Its absence was not a failure. The only expert that did not initially accept this position was Mr Smith bu...

2. CM v XH LCRO 97 / 2010 (5 July 2011) [pdf, 114 KB]

   ...unbecoming. Misconduct was generally considered to be conduct: of sufficient gravity to be termed „reprehensible‟ (or „inexcusable‟, „disgraceful‟ or „deplorable‟ or „dishonourable‟) or if the default can be said to arise from negligence such negligence must be either reprehensible or be of such a degree or so frequent as to reflect on his fitness to practise. (Atkinson v Auckland District Law Society NZLPDT, 15 August 1990; Complaints Committee No 1 of the Aucklan...

3. [2021] NZEnvC 202 Echave v Thames-Coromandel District Council [pdf, 312 KB]

   ...Resource Consent RMA/2021/417 refer RMA 1991 s 310(c), (h). [1] [2] [3] 3 The grounds for the revised application are: a. Concerns for safety of the community. b. That the Thames Coromandel District Council may have been inconsistent, negligent, and or unreasonable in the granting of Consent RMA/2021/417. c. That the Thames Coromandel District Council may have contravened Clause 28 of RMA/2018/203. I convened a judicial telephone conference on Monday 20 Decembe...

4. [2023] NZEnvC 055 New Zealand Transport Agency v Waikato Regional Council [pdf, 472 KB]

   ...the Bay of Plenty. The intersection is a give-way controlled T-intersection in a high-speed rural 4 traffic environment, with traffic on SH1 having priority and traffic from SH29 having to give way at the intersection. Approximately 58% of vehicles coming from the north continue to the south on SH1, and 42% travel towards Tauranga along SH29 to the east.1 [7] Right-turning traffic out of SH29 into SH1 towards the west is currently moderately delayed in the weekday peaks. In th...

5. People discharged without conviction June 2021 [xlsx, 89 KB]

   ...is due to changes in offence categorisation for 'driving causing death' offences. Prior to mid-2012 there were several offences which included 'driving causing death or injury', which were categorised in division 04: Dangerous or negligent acts endangering persons. When these offences were replaced with separate offences for 'driving causing death' and 'driving causing injury', the new 'driving causing death' offences were categorised in 01: Hom...

6. People discharged without conviction June 2019 [xlsx, 208 KB]

   ...is due to changes in offence categorisation for 'driving causing death' offences. Prior to mid-2012 there were several offences which included 'driving causing death or injury', which were categorised in division 04: Dangerous or negligent acts endangering persons. When these offences were replaced with separate offences for 'driving causing death' and 'driving causing injury', the new 'driving causing death' offences were categorised in 01: Hom...

7. People discharged without conviction December 2020 [xlsx, 89 KB]

   ...is due to changes in offence categorisation for 'driving causing death' offences. Prior to mid-2012 there were several offences which included 'driving causing death or injury', which were categorised in division 04: Dangerous or negligent acts endangering persons. When these offences were replaced with separate offences for 'driving causing death' and 'driving causing injury', the new 'driving causing death' offences were categorised in 01: Hom...

8. [2007] NZEmpC AC 5A/07 Ali'imatafitafi v CE of the Department of Corrections [pdf, 91 KB]

   ...plaintiff’s intention and he should send it. He duly sent the letter of 18 November 2002, addressed to the Principal of the school. It commenced: I am lodging a complaint with you to claim damages done to my professional character because of your negligence to inform my person fully of how secure your classrooms were which as a result of your negation to inform adequately, I was blamed for the theft of your school’s video player and television: a final written warning was issued...

9. People discharged without conviction December 2019 [xlsx, 210 KB]

   ...is due to changes in offence categorisation for 'driving causing death' offences. Prior to mid-2012 there were several offences which included 'driving causing death or injury', which were categorised in division 04: Dangerous or negligent acts endangering persons. When these offences were replaced with separate offences for 'driving causing death' and 'driving causing injury', the new 'driving causing death' offences were categorised in 01: Hom...

10. People discharged without conviction June 2020 [xlsx, 89 KB]

    ...is due to changes in offence categorisation for 'driving causing death' offences. Prior to mid-2012 there were several offences which included 'driving causing death or injury', which were categorised in division 04: Dangerous or negligent acts endangering persons. When these offences were replaced with separate offences for 'driving causing death' and 'driving causing injury', the new 'driving causing death' offences were categorised in 01: Hom...