Search Results

1. [2022] NZEnvC 053 G & T Family Trust v Western Bay of Plenty District Council [pdf, 257 KB]

   ...the classification of an “extreme case” required to displace the principle that costs are unlikely to be awarded where an appeal is resolved without a hearing. It considers that its conduct was far from unreasonable; rather, its process was careful and considered to ensure fairness, accuracy and transparency in its decision making. Accordingly, Ms Hill submits that the Council did not breach any duty in its conduct of the appeal, therefore an award of costs is not warranted....

2. Jacobs - Waiteti No. 2A1B2A1C6 Block (2021) 260 Waiariki MB 110 (260 WAR 110) [pdf, 244 KB]

   ...status produces better prices, while often true, is no reason to change status. That would be the case on every proposal to alienate Māori land. If price were a valid argument, the effect would be to remove the interest of the wider kin group so carefully protected in the Act in the ordinary run of cases. [10] In Yeoward – Ngapuna A25, I commented on the importance of formally notifying the PCA about an application for a status change:3 In cases like this, where a change of statu...

3. NQ v HN [2022] NZDT 38 (6 April 2022) [pdf, 183 KB]

   ...NQ entitled to a full refund of his purchase price? Is HN “in trade” selling working dogs? 4. When a good is sold by a seller who is in trade selling goods of that description, then guarantees may be implied into that agreement for the protection of the consumer. An animal comes within the definition of a good. Section 6 of the Consumer Guarantees Act 1993 provides that goods supplied to a consumer must be of an acceptable quality. Section 7 defines acceptable quality as bei...

4. BT v U Ltd [2024] NZDT 574 (30 July 2024) [pdf, 175 KB]

   ...finding, U Ltd had no reason at all to take any special precautions, such as moving or raising customer vehicles which were secured as usual within their workshop. They had no more reason than their customers had to take any particular actions to protect the vehicles based on the heavy rain warning. I therefore find that the claim in negligence is not established. CI0301_CIV_DCDT_Order Page 2 of 3 5. While U Ltd has no legal liability to BT for the loss of his vehicle in the flo...

5. Aitken v Laudermilk [pdf, 78 KB]

   ...any work done by Mr Fyfe was in itself the cause of a leak and damage. Accordingly, Mr Gary Fyfe is hereby removed. LIABILITY OF THE COUNCIL [78] The fourth respondent, the Marlborough District Council acknowledges that it owes a duty of care to the claimants as subsequent owners of the house. However the Council submits that its actions or omissions have not caused the losses claimed. Instead it argues that the claimants’ losses are due to lack of maintenance and the cla...

6. Family Legal Advice Service operational policy version 1.4 [pdf, 479 KB]

   Family Legal Advice Service Operational Policy for providing early legal advice for disputes under the Care of Children Act 2004 Family Legal Advice Service Operational Policy v1.4 August 2016 Although all reasonable steps have been taken to ensure the accuracy of the information contained in this document, the Ministry of Justice disclaims any and all responsibility for any inaccuracy, error, omission, or any other kind of inadequacy, deficiency, or flaw in, or in re...

7. Holmes v Housing New Zealand Corporation [2014] NZHRRT 54 [pdf, 214 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2014] NZHRRT 54 Reference No. HRRT 012/2012 UNDER THE PRIVACY ACT 1993 BETWEEN GORDON HENRY HOLMES PLAINTIFF AND HOUSING NEW ZEALAND CORPORATION DEFENDANT AT DUNEDIN BEFORE: Mr RPG Haines QC, Chairperson Ms WV Gilchrist, Member Ms ST Scott, Member REPRESENTATION: Mr GH Holmes in person Ms CP Paterson for Defendant DATE OF HEARING: 17, 18, 19 and 20 March 2014 DATE OF LAST SUBMI

8. [2023] NZEnvC 176 Prouse Trust Partnership v Horowhenua District Council [pdf, 8.3 MB]

   ...housing at a range of densities; - Provision for a local-scale commercial centre; - Access to quality public open space; - Safe and efficient walking and cycling options; - Design that reflects Muaūpoko cultural values and local history and identity; - Protection of culturally significant sites; - Environmentally sensitive design; 6A OBJECTIVES/POLICIES: TARA-IKA MULTI-ZONE PRECINCT Horowhenua District Plan 4 - Within the Arapaepae Road Special Treatment Overlay, development that is app...

9. Auckland Standards Committee v Castles [2013] NZLCDT 53 [pdf, 277 KB]

   NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2013] NZLCDT 53 LCDT 037/12 IN THE MATTER of the Lawyers and Conveyancers Act 2006 and the Law Practitioners Act 1982 BETWEEN AUCKLAND STANDARDS COMMITTEE No. 3 AND EION MALCOLM JAMES CASTLES of Auckland, Lawyer CHAIR Judge D F Clarkson MEMBERS OF TRIBUNAL Mr W Chapman Ms C Rowe Ms M Scholtens QC Mr P Shaw HEARING at AUCKLAND DATES 18-19 July, 19-21

10. International Covenant on Civil and Political Rights - government report back 5th report [pdf, 242 KB]

    ...focused on understanding links between maternity and early parenting support services and identifying who uses these services and who may be missing out. 15. Examples of results so far include a Maternity and “WellChild” needs assessment and care planning tool for early intervention. This tool has been in use in Porirua and Waikato since January 2011, and will ensure that needs are more consistently identified and referred to the appropriate places. 16. The inter-agency group ha...