Search Results

1. [2019] NZEnvC 120 The Friends of Sherwood Trust v Auckland Council [pdf, 216 KB]

   ...from having a costs award made against them. The key consideration is whether the arguments advanced by them were without substance, in the sense here of being legally without substance. [26] We found that the Council and DOC took considerable care to undertake the process surrounding the drop of 1080 properly. In relation to consultation with mana whenua, we were satisfied that this had been adequate14 and in relation to those who had the potential to be adversely affected by the o...

2. E50 Myfanwy Eaves - Historic Heritage - EIC - Council [pdf, 809 KB]

   ...adequately addressed, and on this basis, the overall effects would be minor11. 7.2 In terms of the proposed conditions relating to heritage, I expressed some concerns in relation to the Applicant’s proposed condition 45 and the accompanying ‘Protected Objects Protocol’ (Application Document 8)12. In section 7 of my Report I recommended a replacement version of condition 45 to put in place an appropriate process to require the consent holder to avoid, remediate or mitigate t...

3. E50 Myfanwy Eaves - Historic Heritage - EIC - Council V2 [pdf, 810 KB]

   ...adequately addressed, and on this basis, the overall effects would be minor11. 7.2 In terms of the proposed conditions relating to heritage, I expressed some concerns in relation to the Applicant’s proposed condition 45 and the accompanying ‘Protected Objects Protocol’ (Application Document 8)12. In section 7 of my Report I recommended a replacement version of condition 45 to put in place an appropriate process to require the consent holder to avoid, remediate or...

4. E50 Myfanwy Eaves Historic Heritage EIC Council [pdf, 810 KB]

   ...adequately addressed, and on this basis, the overall effects would be minor11. 7.2 In terms of the proposed conditions relating to heritage, I expressed some concerns in relation to the Applicant’s proposed condition 45 and the accompanying ‘Protected Objects Protocol’ (Application Document 8)12. In section 7 of my Report I recommended a replacement version of condition 45 to put in place an appropriate process to require the consent holder to avoid, remediate or...

5. Smith v Waitakere City Council [pdf, 220 KB]

   ...penetrate that element to the extent disclosed in any particular case) for the dwelling to be defined as a “leaky building” and for a resulting claim to meet the eligibility criterion under section 7(2)(b). For example, a coat of paint or a protective coating of some description, or a particular cladding material may in some cases be the outermost building element into which, or through which, water has passed, thus qualifying the dwellinghouse concerned as a dwellinghouse in...

6. [2024] NZEnvC 129 Second Star Limited v Queenstown Lakes District Council [pdf, 591 KB]

   ...although it notes a wider significance attaching to the case, associated with the protection of values of the Mt Alpha ONL within which the proposal is to be located. [91] LET is also concerned that if a hotel can be regarded as sufficiently 24 protecting ONL values of the site then the scheduling of ONL values, to enable their protection, has no meaning. Upper Clutha Environmental Society Incorporated [92] Mr Haworth made a submission on behalf of the UCESI, supporting the...

7. INZ (Foley) v Rodriguez [2019] NZIACDT 51 (23 July 2019) [pdf, 182 KB]

   ...2014 (the Code) are alleged: (1) by advising the employer that Mr B had confirmed he had the required welding skills when she had not asked him about that at that point in time, Ms Rodriguez may not have been honest or conducted herself with due care, in breach of cl 1; (2) by advising the employer that Mr B had confirmed he had the required welding skills when she had not asked him about that at that point in time, Ms Rodriguez may have misrepresented her client, in breach of cl...

8. SH v CO & D Ltd & C Ltd & N Ltd [2021] NZDT 1615 (9 August 2021) [pdf, 237 KB]

   ...3. The issues to be determined are: a. What were the terms of the contract? b. Does the Consumer Guarantees Act 1993 (CGA) apply to the build? CI0301_CIV_DCDT_Order Page 2 of 7 c. Was the sewer pump fit for purpose? d. Was reasonable care and skill exercised in providing the painting service and was the outcome fit for purpose? e. Was there a failure to transfer the warranty on time? f. Is CO personally liable? g. Are the defects covered by the warranty? h. Is SH entit...

9. National Standards Committee 2 v Tennet [2025] NZLCDT 17 (20 March 2025) [pdf, 157 KB]

   ...had had a succession of law students employed part-time to assist him. However from 23 August 2019,3 Mr Hunter was the sole person working in Mr Tennet’s office alongside Mr Tennet. 1 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 – rules 11, 11.3, 11.4 (pre 1/7/21) and rules 11(a)(iii) and (b), 10.11 (after 1/7/21). 2 Lawyers and Conveyancers Act 2006. 3 Memorandum of Counsel, Mr Pyke 14 March 2025. 3 [5] BH said he wished to gain “wor...

10. Evaluation of Family Mediation pilot [pdf, 205 KB]

    ...between the mediator, parties, lawyer for child, children (by agreement), third parties (also by agreement), followed by a report to the court. Family mediation tried to assist parties to develop their own solutions in relation to their children’s care; to resolve disputes faster; and to provide for the participation of children in the decision-making process. This study was undertaken to enable the Ministry of Justice to identify any implementation issues, assess the costs of the pilot, an...