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1. [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...

2. BORA Visiting Forces Bill [pdf, 214 KB]

   ...consistent with the New Zealand Bill of Rights Act 1990 (the “Bill of Rights Act”). We understand that this Bill is to be considered by the Cabinet Legislation Committee on Thursday, 6 November 2003. 2. We consider that, taking into account the protections that will be available to service personnel under the domestic laws of States entering into a Status of Forces Agreement (a “SOFA”) with New Zealand, the Bill does not appear to be inconsistent with the Bill of Rights Act....

3. 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...

4. 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...

5. 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...

6. 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...

7. BORA Housing Restructuring and Tenancy Matters (Social Housing Reform) Amendment Bill [pdf, 276 KB]

   ...59A(1)(f) and (h), and s 61B). 39. Sections 23(4) and 25(d) of the Bill of Rights Act incorporate a limited right to silence and a privilege against self-incrimination. However, the rights contained in these provisions are not as broad as those protected at common law. Whilst the common law protects a right to silence of all persons at the investigation and pre-trial stages, the right to silence in s 23(4) is afforded only to persons who are arrested or detained under an enactment. S...

8. BORA Canterbury Earthquake Recovery Bill [pdf, 320 KB]

   ...correspondence or otherwise. There are two limbs to the s 21 right. First, s 21 is applicable only in respect of those activities that constitute a ‘search or seizure’. Secondly, where certain actions do constitute a search or seizure, s 21 protects only against those searches or seizures that are “unreasonable” in the circumstances. A request for information or documents constitutes a search for the purposes of s 21 of the Bill of Rights Act. [2] 11. The Court of Appeal has...

9. BORA Corrections Amendment Bill (No 2) [pdf, 325 KB]

   ...security, order and discipline in prisons."[2] This principle lay behind the drafting of the Act and is reflected in the Bill. 5. We have nonetheless identified some features that appear to raise issues of inconsistency with the rights and freedoms protected by the Bill of Rights Act. However, where an issue arises a provision may nevertheless be consistent with the Bill of Rights Act if it can be considered a "reasonable limit" that is "justifiable" in terms of s...

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...