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1. [2022] NZEnvC 175 Greensmith v Auckland Council [pdf, 1.5 MB]

   ...A11th01i!J v BW Offshore Singapore Pte Ltd [2021] NZHC 2577. 18 Foodst11ffs (Otago S 011thla11d) Prope,ties Limited v D11nedin City CoH11cil (1996) 2 ELRNZ 138. 19 DFC NZ Ltd v Bielf?J [1991] 1 NZLR 587. 10 [18) The High Court in Environmental Protection Authotiry v B W Offshore Singapore Pte Ltd signalled a potential departure from the Biellry factors in favour of the High Court costs principles.20 However, this Court has identified concerns with the approach in BW Offshore and h...

2. Twigley v New Zealand Law Society [2023] NZLCDT 28 (18 July 2023) [pdf, 148 KB]

   ...fresh start, he has adopted a community-minded and unselfish approach to helping others in need. 15 See above n 8. 7 [19] For obvious reasons, we cannot place weight on the positive references from his family members. In fact, in a protective jurisdiction such as this, personal references can rarely be accorded much weight unless they specifically address, for example, the work a practitioner has put into addressing underlying causes of the misconduct. That sort of en...

3. Auckland Standards Committee 1 v Hooker [2018] NZLCDT 15 [pdf, 250 KB]

   ...that negligence under s 241 had not been made out for the reason that the failure was not such as to reflect on the respondent’s fitness to practise or as to bring the profession into disrepute. It was not conduct that was below the standard of care required of the ordinary solicitor. [23] Mr Billington acknowledged that it was hard to resist the proposition that the respondent’s failure qualified as unsatisfactory conduct under s 12. [24] Mr McCoubrey, for the applicant, did n...

4. Kennedy v Scanner Investments Ltd [pdf, 169 KB]

   CLAIM NO: 02832 UNDER The Weathertight Homes Resolution Services Act 2002 IN THE MATTER of an adjudication BETWEEN DONALD WILLIAM KENNEDY and CATHERINE ANN KENNEDY Claimants AND SCANNER INVESTMENTS LTD First Respondent AND WELLINGTON CITY COUNCIL Second Respondent AND CALLY CONSTRUCTION LTD Third Respondent AND CLIVE LEWIS trading as Clive Lewis Draughting Service Fourth Respondent DETERMINATION OF ADJUDICATOR (Dated 24 Janua

5. LP v MT LCRO 74/2013 (22 October 2014) [pdf, 78 KB]

   ...different proposition from that which formed the basis of Ms LP’s first offer. [43] Ms LP’s first offer was for $175,000 and that was the price accepted by the mortgagee in the Agreement which was finally signed. However, the benefits and protections of the first offer were not included in the offer as accepted and consequently the value to Ms LP was substantially reduced. [44] If, as suggested by Ms NQ in her email to Ms LP dated 29 November, it was possible for the mortgag...

6. [2024] NZEnvC 024 Environmental Defence Society Inc v Minister for Environment [pdf, 373 KB]

   ...instance (that their counsel is aware of) in which a challenge to the lawfulness of an RMA national direction has been brought. That involved High Court judicial review proceedings. [28] While s310(a) confers a potentially broad power, it has been carefully and narrowly applied.19 Section 310 contains a closed list of matters. Moreover, the Environment Court does not possess inherent jurisdiction. [29] Section 310 does not list, as a matter for declaration, whether an instrument...

7. [2021] NZACC 105 - W v ACC (16 July 2021) [pdf, 384 KB]

   ...Regulations which came into effect on 1 July 1994. The claimant needed 24 hour attendant care as a result of brain damage following a suicide attempt for which cover was granted. His mother who had been appointed his welfare guardian under the Protection of Personal and Property Rights Act 1988 had brought him home so he could be cared for in the community. As well as paid carers, the mother of the claimant had been doing 120 hours of care per week. The issue in the case was w...

8. YCAP - community planning guide [pdf, 8.7 MB]

   Community action planning guide He aratohu ki ngā mahere tukanga hapori YCAP Youth crime action plan 2013–2023 GU ID E CO M M UN IT Y AC TI ON P LA NN IN G THIS ARTWORK WAS CREATED BY YOUNG PEOPLE STAYING AT CHILD, YOUTH AND FAMILY RESIDENCES 11 Contents Introduction 3 7 STEPS FOR CREATING YOUR COMMUNITY’S ACTION PLAN Flowchart 5 Preparation 6 Understand your community 8 Clarify issues 10 Involve the community 12 Set goals 14 Finalise your plan 16 Pu

9. Regulatory Impact Statement 2010 Alcohol Reform [pdf, 918 KB]

   1 ALCOHOL REFORM 2010: REGULATORY IMPACT STATEMENT Contents AGENCY DISCLOSURE STATEMENT ................................................................................................. 2 EXECUTIVE SUMMARY ....................................................................................................................... 3 INDICATIVE IMPACT ASSESSMENT ................................................................................................... 4 PART 1 – ALCOHOL IN NEW

10. ENV-2016-AKL-000186 Viaduct Harbour Holdings Limited v Auckland Council [pdf, 8.6 MB]

    Notice of appeal to Environment Court against decision on proposed Auckland combined plan Dated: 16 September 2016 Before the Environment Court In the matter of: Local Government (Auckland Transitional Provisions) Act 2010 (LGATPA) and the Resource Management Act 1991 (RMA) - Appeal against decision on proposed Auckland combined plan – s 156(1) of the LGATPA – Topics 043 & 044 Transport - parking ratio for all activities in Viaduct Harbour Precin