Search Results

1. Offord v Patel [pdf, 90 KB]

   ...course of activities on behalf of the company come under a personal duty to a third party, breach of which might entail personal liability. The test as to whether liability had been incurred was whether there had been an assumption of a duty of care, actual or imputed. Liability depended on the facts, on the degree of implicit assumption of personal responsibility and balancing of policy considerations. (page 517). [34] Recently however, the Court of Appeal in Body Corporate...

2. Common Bundle Volume 4 [pdf, 4 MB]

   ...well-being of communities from a sustainable development perspective. The four Rūnanga Papatipu o Murihiku; Te Rūnanga o Awarua, Te Rūnanga o Oraka/Aparima, Te Rūnanga o Hokonui and, Te Rūnaka o Waihōpai are collectively involved in the protection/promotion of the region’s natural and physical resources by providing input into the processes required by the RMA and other relevant legislation. Specifi c provisions within the Acts require the recognition and provision for...

3. Waitangi Tribunal theme U - Land with All Woods and Waters [pdf, 1010 KB]

   ...127; Loss of harvest due to irrigation 128; Loss of harvest due to disappearance of insects 128; Loss of harvest due to dredging 129; Loss of harvest due to swamp drainage 129; Loss of harvest due to pine forestry practices 131; Loss of harvest due to unprotected riparian zones and marginal strips 132; Loss of harvest due to dam constructions 133; Loss of harvest due to culverts 135; Loss of harvest due to modifying estuaries 135; Loss of harvest due to game fish introductions 136; Loss of harv...

4. Gray v Tulip Holdings Ltd [pdf, 176 KB]

   ...18 LIABILITY FOR LOSS CAUSED BY THE CLAIMANTS’ DWELLING BEING A LEAKY BUILDING 21 The liability of the First respondent, THL, in contract 21 The liability of the Fifth respondent, Brown Day, in tort 25 • The standard of care 27 • Evidence of the standard 27 • The standard of plans and specifications generally 29 • The standard of the plans and specifications of Brown Day 35 CLAIM NO.00499 – GRAY DETERMINATION.doc 3 •...

5. Starik v Auckland Council [2016] NZWHT Auckland 5 [pdf, 491 KB]

   ...Peninsula Homes Limited – this company is alleged to have developed the property by the purchase of the land and the construction and sale of the building on that land. It is alleged against Peninsula Homes that it had a non-delegable duty of care to ensure that the building complied in all respects with the Building Act 1991 and the New Zealand Building Code, that it did not leak and cause loss to the claimants. (c) Kevin Bryan Perry – whilst various causes of action were in...

6. 2021-10-27 ORC - PC8 - Common Bundle - Volume 3(b) [pdf, 13 MB]

   ...well-being of communities from a sustainable development perspective. The four Rūnanga Papatipu o Murihiku; Te Rūnanga o Awarua, Te Rūnanga o Oraka/Aparima, Te Rūnanga o Hokonui and, Te Rūnaka o Waihōpai are collectively involved in the protection/promotion of the region’s natural and physical resources by providing input into the processes required by the RMA and other relevant legislation. Specifi c provisions within the Acts require the recognition and provision for...

7. Quality and Value Audit Terms of Reference 2018 [pdf, 560 KB]

   ...initial findings. The auditor may also conduct additional interviews with the clients or survey them for their feedback. Engagement with clients should only be undertaken if the client’s view is likely to add value to the overall audit finding. Care should be taken to avoid risk of causing the client anxiety. The auditor should check with the provider that it is appropriate for them to contact specific clients before contacting them. The purpose of interviews with clients are to e...

8. 2022-02-11 Statement of Evidence of Edward Ellison dated 11 February 2022 [pdf, 692 KB]

   ...reflection of the condition of the people - when the wai is healthy, the people are strong and healthy and so too is their mana;1 (b) The whakapapa connection carries rakatira rights for Kāi Tahu and also imposes kaitiakitaka obligations to care for freshwater (wai māori) and the life it supports;2 (c) The primary resource management principle for Kāi Tahu is the protection of mauri, which is characterised by good quality waters that flow with energy and life, sustain health...

9. LA Terms of Reference - quality and value audits [pdf, 531 KB]

   ...initial findings. The auditor may also conduct additional interviews with the clients or survey them for their feedback. Engagement with clients should only be undertaken if the client’s view is likely to add value to the overall audit finding. Care should be taken to avoid risk of causing the client anxiety. The auditor should check with the provider that it is appropriate for them to contact specific clients before contacting them. The purpose of interviews with clients are to e...

10. Proactive-release-Re-written-Evidence-Regulations-6-July.pdf [pdf, 1023 KB]

    ...replaced part of the function of the Royal prerogative of mercy; and 19.2. Family Court access to EVIs of adults, not just children (for instance, to inform civil proceedings under the Family Violence Act 2018 or to assist in determining the child’s care and protection needs). 20. The second issue is the obligation to destroy video evidence 10 years after the court proceeding is finally determined or discontinued (or 7 years after it was made, if not used in court). Those obligations d...