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...dealt with. The amounts in dispute in relation to the other three items are relatively small. 7 Auckland Standards Committee No 3 v Castles [2013] NZLCDT 53 at [177]. 13 [61] Considering carefully the invoices rendered from 9 August 2010 to 6 May 2011, I do not consider that the arguments advanced by Mr RF are sufficiently persuasive to allow me to arrive at a view different to the Committee. It is significant that Mr RF execut...
...responsibility for the Arms Act has been reassigned and work is well underway. We have delivered all your 100-day commitments and are working at pace to support you with your immediate priorities, related to clubs and ranges. 5. Alongside this, we have been carefully planning the approach to delivering all the commitments to reform the broader firearms regulatory regime within the Parliamentary term. 6. We propose progressing this programme of work in four, overlapping phases. The pha...
...development and human use of land, air, water and soil. The “environment” is very broadly defined to include all things natural, physical, and people, all of which are to be governed in an integrated fashion. Decision making therefore involves careful weighing up of the many facets, and the making of overall value judgements. [4] The Act takes quite an enabling approach to activities like developments, and prescribes intervention only when environmental impacts will reach an una...
...relationship with the agreed purpose of transforming the justice system. In 2022, the Ministry developed a Budget 2022 bid of $6m to support Ināia Tonu Nei over four years ($1.5m per annum). Backpocket Q&As Does this mean the Government doesn’t care about improving the justice system for Māori? Justice sector agencies, and the Justice Sector Leadership Board, are committed to working with Māori and supporting locally-led solutions to deliver effective interventions that co...
BEFORE THE ENVIRONMENT COURT ENV-2020-AKL- IN THE MATTER of the Resource Management Act 1991 (“the Act”) AND an appeal under Clause 14 of Schedule 1 of the Act against the decision of the Waikato Regional Council on Proposed Plan Change 1 to the Waikato Regional Plan BETWEEN AUCKLAND/WAIKATO AND EASTERN FISH AND GAME COUNCILS Appellant AND WAIKATO REGIONAL COUNCIL Respondent NOTICE OF APPEAL Dated: 8 Jul
...the Act and without these rights persons may be reluctant to become mediators. He concluded: 7 The law should not allow such unintended draconian consequences of a strict interpretation. The objective of confidentiality under s 148(2) is to protect parties and the integrity of the mediation process and not to protect or advantage mediators personally. [57] A purposive interpretation of s 148(2) will produce a different result than a purely literal interpretation of what might...
...7 Bolton v Law Society [1994] 2 All ER 486 at 492. [48] We agree with the Tribunal that the appellant’s professional misconduct touched the very heart of the relationship of trust between solicitor and client. It was serious misconduct. Protection of the public required that decisive protective steps were taken. But, on looking at the misconduct in isolation, it was conceivable that a penalty less than striking off could have been imposed. Previous matters [49] This was...
...gives rise to one of the main issues in this proceeding, namely the scope of repairs required to properly remediate the property. [3] Prior to hearing Auckland Council, the first respondent, accepted that it owed the claimants a duty of care which it breached when carrying out inspections and issuing the code compliance certificate. The Council accepts responsibility for three primary defects which it agrees have necessitated a full reclad. However the Council disputes the...
THE WEATHERTIGHT HOMES TRIBUNAL TRI 2014-100-000026 [2016] NZWHT AUCKLAND 2 BETWEEN BU-RYE & JEOM-YOUL LEE Claimants AND AUCKLAND COUNCIL First Respondent AND GIL (2008) LIMITED (formerly Goodland Investments Limited) Second Respondent AND LAI FOOK CHOY (Not Served) Third Respondent Hearing: 28, 29, 30 October 2015 Closing submissions: 25 November 2015 Appearances: Ms Grant for the claimants Ms Knight and Mr Fellows for th
...submissions prepared by persons without professional help. In such circumstances, to take a legalistic view that a council could only accept or reject the relief sought would be unreal. As observed in an oft-repeated dictum in Royal Forest & Bird Protection Society Inc v Southland District Council 12: … it is important that the assessment of whether any amendment was reasonably and fairly raised in the course of submissions, should be approached in a realistic workable fashion...