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1. Directory of Official Information V-Z [pdf, 1.3 MB]

   ...veteran does not have eligible qualifying service. The Panel comprises an employee of the NZDF and a representative of the Royal New Zealand Returned and Services’ Association. The Minister for Veterans appoints the: Veterans’ Entitlements Appeal Board which determines appeals of review decisions veterans and other claimants disagree with. This board consists of not more than four members of which one must be a lawyer who has at least seven years standing, and two must be medical...

2. ENVC Matiatia transcript notice of motion 20150326 [pdf, 478 KB]

   BEFORE THE ENVIRONMENT COURT AT AUCKLAND ENV-2013-AKL-000174 IN THE MATTER OF An appeal pursuant to s87 of Resource Management Act 1991 BY WAIHEKE MARINAS LIMITED Applicant Notice of Motion by Direction Matiatia Inc. seeking order that amended application is “out of scope” Hearing Commenced: 26 March 2015 Court: Judge L Newhook Commissioner A Leijnen Commissioner R Howie Appearances: Mr R Brabant and Mr J Brabant for the Appel...

3. Cooper v Wellington City Council [pdf, 237 KB]

   ...principles a builder is liable for physical damage to property caused by faulty work of construction (refer Todd, The Law of Torts in New Zealand, 4th edition, para 6.4) and in Stieller v Proirua City Council [1968] 1 NZLR 84, 94 (CA) the Court of Appeal has affirmed that an inspecting council’s obligations were not confined to defects effecting health and safety, nor to defects damaging or threatening to damage parts of the structure. It was enough if they reduced the value of the...

4. 2020-10-09-ORC-PC7-s-149G3-Key-Issues-Report.pdf [pdf, 1.8 MB]

   ...(PRPS 2016), which was made partially operative on 14 January 2019. 6.48 ORC resolved to make those provisions of the PRPS 2016 that were beyond challenge operative on 12 December 2018. As some provisions of the PRPS 2016 were still subject to appeal at that time, those provisions were not made operative (however, those provisions have now largely been resolved through mediation and approved by the Environment Court, 71 Section 8, Lake Wanaka Preservation Act 1973. 45 bu...

5. McKinney v Cassidy [pdf, 259 KB]

   ...held in Zumpano that the decision in Bryan v Maloney was clearly confined to latent defects. [171] I am aware that in the more recent case of Leonard Charles Goulding and Anor v Robert Raymond Kirby [2002] NSWCA 393 the New South Wales Court of Appeal refused to grant leave to appeal the decision of Certoma AJ of the New South Wales District Court where the plaintiffs claimed damages of $100,000 for economic loss based on diminution in the value of the house by reason of the co...

6. Affirmation of Mr Nicholas Head dated 9 December 2016 [pdf, 32 MB]

   ...indigenous non-forest vegetation recovery following grazing removal. New Zealand Journal of Ecology, 40(1) 137 - 149. My PCB evidence 16. PCB to the Mackenzie District Plan was notified on 19 December 2007. The Council's decision on PCB was appealed by some parties. Following Environment Court directions, the Council prepared amendments to PC13 which were consulted on then lodged with the Environment Court. 17. DOC lodged a submission on PCB, and I provided evidence to the E...

7. Hay v Dodds [pdf, 235 KB]

   ...Morton was a case where there had been an assumption of responsibility by the directors, which was quite consistent with their findings in Trevor Ivory. 10.16 I am not persuaded that I should move away from the clear findings of the Court of Appeal in Trevor Ivory. Mr Lee would be entitled to succeed in his defence that he generally has no personal liability when acting as a director of Discovery 4 Ltd, unless it can be shown that there was an assumption of responsibility aft...

8. Horrell v Banyan Pacific Capital Ltd [2023] NZHRRT 35 [pdf, 361 KB]

   ...conclusion on the perceived power imbalance between a lay litigant and a lawyer. The High Court upheld the CRT’s finding of unfairness on the basis that taping the conversation represented a breach of professional standards. However, the Court of Appeal disagreed that taping the conversation meant the personal information was collected unfairly. It considered that it must have been anticipated that a record of the conversation would be made and that a recording provided the most accu...

9. De Malmanche & Ors as Trustees of the Lynette De Malmanche Trust v Auckland Council (successor to the Auckland City Council) [2010] NZWHT Auckland 38 [pdf, 392 KB]

   ...inferred from them that the architect monitored or inspected the construction work. Decision on the claim against Ante Architects Limited [111] In North Shore City Council v Body Corporate 188529 & Ors (Sunset Terraces),11 the Court of Appeal upheld Heath J‘s conclusion that councils in issuing building consents, and designers in preparing the plans, were entitled to assume that a reasonable builder would have access to and rely on the manufacturer‘s specifications, a...

10. Rātima v Sullivan - Tataraakina C Trust (2017) 64 Tākitimu MB 121 (64 TKT 121) [pdf, 874 KB]

    ...interests above or in conflict with the trust is paramount. 3 [1896] AC 44 (HL) at 51 4 [2015] NZSC 68, [2016] 1 NZLR 354 at [69] to [71] and [73] 5 [2015] Māori Appellate Court MB 59 (2015 APPEAL 59) at [47] to [48] 64 Tākitimu MB 125 [48] The core obligations of a fiduciary are captured by the profit and conflict rules. A fiduciary is not permitted to profit from his or her office, save with the informed consent o...