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1. [2017] NZEnvC 053 Federated Farmers of New Zealand v Mackenzie District Council [pdf, 17 MB]

   ...PC13(pc). Te RDnanga 0 Ngai Tahu [21] Te ROnanga 0 Ngai Tahu ("TRoNT") and Arowhenua Runaka lodged a notice expressing concern that their roles and values in relation to Te Manahuna (the Mackenzie Basin28 ) under the RMA are not adequately protected by PC13(pc). It is important (for jurisdictional reasons) that TRoNT lodged a submission on the original PC13 as notified. Environmental Defence Society Inc and Mackenzie Guardians [22] These two societies lodged submission...

2. Wallis & Anor as Trustees of The Seaview Trust v Wet-Seal NZ Ltd [pdf, 117 KB]

   ...dwelling. 43. The agreement for sale and purchase was not provided in evidence and no information was supplied as to representations or special clauses. 44. Whatever duty Mr. Searle had in contract, he had a duty in tort to exercise reasonable care to achieve a sound building. In the words of Baragwanath J in Dicks (supra) [32] the duty was owed as developer (Mt Albert Borough Council v Johnson [1979] 2 NZLR 234), and as builder (Bowen v Paramount Builders (Hamilton) Limited [1977] 2 N...

3. VS v CN 51/2016 LCRO [pdf, 151 KB]

   ...business to Mr VS, who would be acting as general manager.5 [6] After some discussion regarding the purchasing entity, whether it should be a company or a limited partnership,6 Mr CN sent terms of engagement dated 19 October 2015 through to Mr DL, care of Mr VS (the letter of engagement). The letter of engagement described the services Mr CN and his team would provide as “to act on your behalf in relation to the purchase and lease of QL Hotel”, and said that the instruction...

4. Family Court Rewrite Submission - Court Staff Member (2) [pdf, 182 KB]

   ...that this takes place every three years. Agreed PTS be kept as a free service. Agreed. 3 Out-of-court processes Introduction of Family Dispute Resolution (FDR) FDR should be available at the most appropriate time for parents, caregivers and their whänau, whether or not an application to court has been made. Agreed. Where an application to court has been made but FDR not undertaken, the matter be referred to FDR, unless good reasons are given not to (rebuttab...

5. Director of Proceedings v Health New Zealand [2024] NZHRRT 52 [pdf, 403 KB]

   ...defendant has breached the Health and Disability Commissioner (Code of Health and Disability Services Consumers’ Rights) Regulations 1996 (“the Code”) in respect of Right 4(1) by failing to provide services to the aggrieved person with reasonable care and skill; and Right 4(4) by failing to provide services in a manner that minimised potential harm to, and optimised the quality of life of, the aggrieved person. [3] Having considered the agreed summary of facts the Tribunal is satis...

6. [2018] NZEnvC 023 Royal Forest Bird Protection Society of NZ Inc v Northland Regional Council [pdf, 4.2 MB]

   ...application under- section 76 of the Biosecurity Act 1993 in relation to the proposed Northland Regional Pest and Marine Pathway Management Plan of a Notice of Motion under section 291 of the Resource Management Act 1991 ROYAL FOREST & BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV-20 17 -AKL-140) Appellant NORTHLAND REGIONAL COUNCIL Respondent Court: Environment Judge JA Smith Environment Commissioner SK Prime Environment Commissioner RM Dunlop Hearing: Au...

7. Z Ltd v P Ltd [2023] NZDT 604 (7 November 2023) [pdf, 230 KB]

   ...Ltd which resulted in loss to Z Ltd? e) Is P Ltd liable to pay Z Ltd all or any part of the amount claimed of $1,999.00? Does the Consumer Guarantees Act 1993 apply? 3. The Consumer Guarantees Act 1993 (“CGA”) makes provision for certain protections for consumers when they obtain goods and/or services from a supplier. Section 2 of the CGA provides that a consumer is a person who acquires, from the supplier, goods or services of a kind ordinarily acquired for personal, domestic...

8. Ngati Pahauwera Affidavits 1 of 4 [pdf, 20 MB]

   ...the fishing competitions now. Ngati Pahauwera has produced some good fisherman who have won many trophies. Jono Culshaw won the NZ Junior Surfcasting competition . Kaitiakitanga 8. Ngati Pahauwera whanau have strong kaitiakitanga views about caring for the beach and the people who go there. We try and make sure people don't dump rubbish everywhere and we put rubbish bins in the area . We also erected some long drop toilets. Sometimes we have to mow the sides of the roads fo...

9. ASC Annual Report 2020 [pdf, 1019 KB]

   ...be utilised in hospitals and clinics due to the particular wording of this Act. While well intentioned in 1977, the Act proved to be impractical in a real world setting and resulted in unnecessary challenges to all those involved with abortion care and to women receiving abortion services. The following section will outline some of the concerns various ASC members raised in their Annual Reports to Parliament regarding the legislation and its responsibilities under it: 1980 “M...

10. Waitangi Tribunal Report on the Aotearoa Institute claim concerning Te Wānanga o Aotearoa [pdf, 748 KB]

    ...sulate a set of �alues and principles that establish the standards to underpin and inform all  acti�ities and ideas’ . The Tribunal was gi�en �arious �iews about what those sets of �alues  and principles might include . We understood their essence to be  :  manaakitanga (caring, compassion, generosity, hospitality)  ;  rangatiratanga (independence, autonomy, self-determinatio...