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...correct that construction problems with the jamb flashings and other details might have been avoided had appropriate construction details been included either on the plans themselves or in documents attached to the plans. However, the Court of Appeal in Sunset Terraces1 held that Councils did not need to ensure manufacturer’s specifications were attached to consent 1 North Shore City Council v Body Corporate 188529 [201...
...subsequent owners, in particular regarding the issue of building consents, the carrying out of inspections (if the Council has done the inspections), and the issue of a Code Compliance Certificate. This principle was established by the Court of Appeal in Invercargill City Council v Hamlin [1994] 3 NZLR 513, and confirmed most recently in Dicks v Hobson Swan Construction Ltd & Ors, High Court Auckland, CIV 2004-404-1065, 22 December 2006 (Baragwanath J). [45] Here counsel for...
...a copy of Judge Wainwright’s report was provided to parties for comment prior to a final decision being issued by the Chief Judge. [28] Ms Zwaan and Mr Webster both opposed the request on the basis that in effect it amounted to an informal appeal of my recommendation and could lead to further rounds of submissions and hearings, resulting in added costs to the parties, before the matter even reached the Chief Judge. [29] I have examined the decision referred to by Mr Harman and n...
...scope of review [35] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:3 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for tha...
...and scope of review [51] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:13 the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for th...
...scope of review [25] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for tha...
...scope of review [41] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:13 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for th...
...Customs, the Ministry of Primary Industries and Inland Revenue. 7 9(2)(f)(iv) Proa cti ve ly Rele as ed RESTRICTED 460mj2mvm3 2021-01-22 09:40:52 more than one year’s imprisonment for an individual). Orders would be able to be appealed to the district court (on any aspect of the order). 51 Preservation orders would also require the recipient to disclose a limited amount of traffic data to Police, to address circumstances where multiple service providers4 were...
...lit. Conclusion [43] The resource consents granted by the Court's interim decision dated 27 May 2020 are made subject to the terms and conditions attached to this decision. [44] The nature of this proceeding was unusual, where the Council appealed against its own decision and affected persons sought to be heard. There is no order as to costs. For the court: 'A Kirkpatrick Chief Environment Court Judge 9 Conditions contents table Condition heading Condition num...
...that the Court’s task is to examine objectively the employer’s decision-making process and determine whether what the employer did, and how it was done, were what a fair and reasonable employer could have done.9 Subsequently, the Court of Appeal in A Ltd v H, discussed s 103A and observed:10 [46] It is apparent that the effect of the statute is that there may be a variety of ways of achieving a fair and reasonable result in a particular case. As the Court in Angus observed,...