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1. Liu & Anor v Auckland Council & Ors [2013] NZWHT Auckland 25 [pdf, 257 KB]

   ...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...

2. Fruean v Knuckey - Waitara West 52D (2023) 475 Aotea MB 284 (475 AOT 284) [pdf, 371 KB]

   ...I see this situation as a difference in management styles and approach that I am happy to keep discussing and working to resolve. I do not accept that I’ve breached my obligations as trustee. My conduct has always been aimed at furthering the protection of these urupā which are in our care. Josephine Moore [46] Josephine Moore is not a trustee but was appointed secretary to the Trust in 2016. She provided a brief of evidence dated 12 September 2023. [47] Ms Moore describes her...

3. Lee v Auckland Council [2016] NZWHT Auckland 2 [pdf, 317 KB]

   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

4. ENV-2016-AKL-000xxx Kuegler Family Trust & Others v Auckland Council [pdf, 2.4 MB]

   ...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...

5. [2019] NZEnvC 060 Minister for Children v Auckland Council [pdf, 580 KB]

   ...COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER BETWEEN AND Decision No. [2019] NZEnvC 060 of the Resource Management Act 1991 Direct referral of a notice of requirement by the Minister of Children to alter designation 3800 "Care and Protection Residential Centre- Upper North" in the Auckland Unitary Plan MINISTER FOR CHILDREN Applicant (ENV-2019-AKL-000007) AUCKLAND COUNCIL Regulatory Authority Court: Principal Environment Judge L J Newhook sitting...

6. New family violence laws take effect

   ...legislation is one part of a whole of government work programme to transform the response system for victims and perpetrators of family and sexual violence in New Zealand. The Family Violence Act replaces the Domestic Violence Act 1995 and brings in changes to Protection Orders and Police Safety Orders, greater visibility for family violence offending in the courts and principles to guide decision making. Ministry of Justice is one of 10 government agencies named as Family Violence Agencies. Th...

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7. [2024] NZEnvC 225 Auckland International Airport Limited v Auckland Transport [pdf, 6 MB]

   ...Conditions Abbreviations and Definitions Acronym/Term Definition Activity sensitive to noise Any dwelling, visitor accommodation, boarding house, marae, papakainga, integrated residential development, retirement village, supported residential care, care centre, lecture theatre in a tertiary education facility, classroom in an education facility and healthcare facility with an overnight stay facility AUP Auckland Unitary Plan BPO or Best Practicable Has the same meaning as in secti...

8. [2025] NZEmpC 219 SL v ZSM Limited [pdf, 181 KB]

   ...permitted to withdraw as representative.8 These steps have been taken. [5] The Court must be satisfied that an adequate basis has been established before making an order. That is to ensure that the rights of the affected party are adequately protected and reflects counsel’s obligations as an officer of the Court.9 As the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 provide, a lawyer has a duty to complete a retainer unless the client discharges th...

9. LCRO 76/2013 OP v The Trust (21 July 2017) [pdf, 127 KB]

   ...negotiations, knowing Ms LM had secured alternate employment. [14] Mr OP said that Ms LM had instructed him not to disclose that she had an offer of alternate employment. He said he was obliged to act in accordance with her instructions, and to protect information that was confidential to her. He denied any professional wrongdoing. [15] The Committee considered that Mr OP had two choices when Mr SJ asked if Ms LM had secured employment elsewhere. He should have either given an...

10. Auckland Standards Committee 1 v Hart [2012] NZLCDT 26 [pdf, 177 KB]

    ...obedience to, institutions of that profession and that such was entirely lacking in Mr Hart. [14] In addressing Charge 4, Mr Collins submitted that the practitioner’s attitude “... to a distressed and vulnerable family was exploitative rather than protective and there was complete disregard for the Rules of Conduct and Client Care.” Mr Collins went on to refer to the “dismissive and superficial attitude to the intervention rule, the absence of any guidance or advice about f...