Search Results

1. [2022] NZEnvC 058 Barnhill Corporate Trustee v Queenstown Lakes District Council [pdf, 995 KB]

   ...capacity ratings? (e) should an 80 ha minimum lot size regime remain for all areas outside the Precinct rated to have Very Low, Low and Moderate-Low capacity or just LCU 1 and LCU 20? (f) do QLDC’s Pol 24.2.1.1 and other policies adequately protect against cumulative landscape character degradation? (g) how should new Pols 24.2.1.1A and 24.2.1.1B be framed for remaining WBRAZ areas? (h) should Pols 24.2.1.11 and 24.2.1.14 apply to areas rated with Moderate-High or High lan...

2. [2023] NZEnvC 226 Scaife v Queenstown Lakes District Council [pdf, 1.2 MB]

   ...discretion and associated standards and in a lack of any signal that consent applications for such activities would be non-notified (22.6).7 [23] As is the case for other zones for the district’s rural environment, the RLZ gives emphasis to the protection of ONF/Ls and the maintenance of landscape character and maintenance or enhancement of visual amenity values of rural 7 In contrast, r 22.6.2 signals limited notification for “residential visitor accommodation” and “h...

3. LCRO 72/2020 ZW v CB (29 September 2020) [pdf, 204 KB]

   ...[X] to take no further action in respect of his complaint concerning the conduct of the respondent, Mr CB. Background [2] Mr ZW’s house was undergoing renovations. The roof was removed. The house was enclosed with shrink wrap to provide protection against the elements. The house was hit by a storm. The shrink wrap failed and, as a consequence, both the house and its contents suffered damage. [3] The cost of the water damage was estimated to exceed $100,000. 2 [4] The...

4. Edinburgh Realty Ltd & Ors v CAC20004 & Anor [2016] NZREADT 5 [pdf, 320 KB]

   ...commission and therefore nothing to dispute, and we have no complaint about Edinburgh Realty. Plus as above there was not a requirement to have an appointment in writing as the new Act had not come into force.” [36] Of course Mr Lane Sievwright was carefully taken through his evidence under cross examination by Mr Gray. Inter alia, he said that he never wandered around the interior of the property so that he had no idea of the sponginess of the floor or the musty smell which might in...

5. [2023] NZEnvC 041 Barnhill Corporate Trustee Limited v Queenstown Lakes District Council [pdf, 350 KB]

   ...was the subject of submissions as reported in the Interim Decision and the court then determined the basis upon which it was appropriate to proceed. By way of background, the determination the court made at that stage was against a background of careful case management in discussion with parties. It was according to directions made in that context, largely as proposed by QLDC, for this sequential approach to the WBRAZ appeal points. [19] The court remains of the same mind, being...

6. [2023] NZEnvC 027 AJ & VF Barr Family Trust v Whakatane District Council [pdf, 1.4 MB]

   ...retail or industrial activity. Commercial service means the provision of a service activity for reward, and includes offices and medical facilities, but does not include a retail or industrial activity. The first instance decision said:4 We have carefully considered the wording and the intention of the foregoing ODP definitions. In respect of the expert evidence given and the legal submissions made regarding this matter we find that both on their face and in the wider context of th...

7. Auckland Standards Committee v Garrett [2011] NZLCDT 29 [pdf, 87 KB]

   ...interest (which include “protection of the public”), to maintain professional standards, to impose sanctions on a practitioner for breach of his/her duties, and to provide scope for rehabilitation in appropriate cases. Tribunals are required to carefully consider alternatives to striking off a practitioner. If the purposes of imposing disciplinary sanctions can be achieved short of striking off then it is the lesser alternative that should be adopted as the proportionate respo...

8. [2013] NZEmpC 214 South Pacific Ltd v Tian [pdf, 75 KB]

   ...Ltd [2011] NZEmpC 139. 3 Regulation 6(2)(a)(ii). 4 EMC Auckland AC15/07, 27 March 2007. overall interests of justice, having regard to the particular circumstances of the case before it. The interests of both parties must be weighed carefully. [7] As the Court of Appeal observed in A S McLachlan Ltd v MEL Network Ltd: 5 [15] The rule itself contemplates an order for security where the plaintiff will be unable to meet an adverse award of costs. That must be taken a...

9. MS v HF LCRO 183/2013 (30 October 2014) [pdf, 42 KB]

   ...cost principle is that the successful party is entitled to costs. It would be unlikely that the Court would award excessive costs in circumstances where it considered that the successful parties counsel had caused unnecessary delay. [37] Having carefully considered all the material on both the New Zealand Law Society and Legal Complaints Review Office files, and the relevant Rules of Conduct, I find no breach of the Rules and therefore endorse the conclusion of the Standards Comm...

10. BORA Births, Deaths, Marriages, and Relationships Registration Amendment Bill [pdf, 316 KB]

    ...and • Establish a new register to record name changes for overseas born people living in New Zealand. ISSUES OF INCONSISTENCY WITH THE BILL OF RIGHTS ACT Section 19: Freedom from Discrimination 5. Section 19(1) of the Bill of Rights Act protects the right to freedom from discrimination on the grounds of discrimination set out in section 21 of the Human Rights Act 1993. These grounds include age and marital status. 6. In our view, taking into account the various domestic and o...