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1. Landon v Auckland Council [2011] NZWHT Auckland 70 [pdf, 131 KB]

   ...consequential costs, interest, and general damages. THE CLAIM AGAINST EACH PARTY [3] The claim against the Auckland Council is for negligence in conducting the building inspection. The Council conceded that it owed the claimants a duty of care which it breached by failing to identify the following defects which necessitated a full reclad: a) lack of vertical control joints within the wall cladding, b) lack of clearance between cladding and adjacent ground and bet...

2. E69 Philip Brown - Planning - EIC - Sanford Ltd [pdf, 848 KB]

   ...berthage, mean that granting of Panuku’s consents would be contrary to the objectives and policies of the AUP. Again, I have undertaken this assessment on an holistic basis. The objectives and policies of the AUP are strongly directive in terms of protection of fishing industry operations, and include a requirement that access to berthage is maintained and where practicable enhanced. 50. This is not a case in my view where there are distinct sets of objectives and policies add...

3. Li & Gao v Real Estate Agent Authority (CAC 408) & Riley [2017] NZREADT 33 [pdf, 214 KB]

   ...(and thus may have led to water ingress); and [c] Ms Riley did not properly advise the appellants as to outstanding issues relating to a Code Compliance Certificate. Penalty principles [10] The principal purpose of the Act is to “promote and protect the interests of consumers in respect of transactions that relate to real estate and to promote public confidence in the performance of real estate agency work.” The Act achieves these purposes by:3 (a) Regulating agents, branc...

4. LCRO 2/2019 RCN and OCN as Trustees v MA, JS, LB and GD (27 May 2020) [pdf, 189 KB]

   ...terminate the retainer”.18 Further issues [47] The Committee formed the view that it would be impossible to refer to each and every aspect of the complaint in the present written decision. Nonetheless, the Committee wished to emphasise that it had careful regard to all of the numerous allegations made by the complainants, including those ancillary to or otherwise related to the principal allegations. Accordingly, pursuant to its discretion in section 138(2) of the Act, the Com...

5. Justice Sector Prison Projection 2019 report [pdf, 461 KB]

   ...people being remanded into custody despite similar charges, and a higher proportion of category three cases entering the courts. Category three cases are punishable by an imprisonment term of two years or more and include offences such as breach of protection order and burglary. People with category three charges are more likely to be remanded into custody due to the seriousness of these charges. It is expected that the increase in the number of category three cases entering the cour...

6. [2018] NZEmpC 13 Lyttelton Port Co Ltd v Rail and Maritime Union of NZ Inc [pdf, 327 KB]

   ...union exercises its statutory right to strike, giving proper notice as required under the Act, then such effects are the inevitable consequence of the exercise of that right. [66] The right to strike has long been recognised as a fundamental protection for workers both in New Zealand employment law provisions and in international instruments; it is also a significant aspect of the right of freedom of association. [67] Given the conclusions I have reached on the threshold issue...

7. [2018] NZEnvC 088 Clearwater Mussels Limited v Marlborough District Council [pdf, 21 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA Decision No. [2018] NZEnvC 88 IN THE MATTER of the Resource Management Act 1991 AND of appeals pursuant to s1 20 of the Act BETWEEN CLEARWATER MUSSELS LIMITED (ENV-2016-CHC-40 and 41) Appellant AND MARLBOROUGH DISTRICT COUNCIL Respondent Court: Environment Judge J J M Hassan Environment Commissioner K A Edmonds Environment Commissioner J A Hodges Hearing: at Christchurch on 4-7 December 2017 Appearances: Q

8. [2017] NZEnvC 073 Ngai Te Hapu Incorporated v Bay of Plenty Regional Council [pdf, 28 MB]

   BEFORE THE ENVIRONMENT COURT Decision No. [2017] NZEnvC 073 IN THE MATTER of the Resource Management Act 1991 AND appeals pursuant to s 120 of the Act BETWEEN NGAI TE HAPO INCORPORATED (ENV-2016-AKL-42) NGA POTIKI A TAMAPAHORE TRUST (ENV-2016-AKL-4S) Appellants AND BAY OF PLENTY REGIONAL COUNCIL Respondent AND ASTROLABE COMMUNITY TRUST Applicant Court: Environment Judge JA Smith Alternate Environment Judge CE Fox Environment Commissioner SK Prime Environment Commiss

9. [2017] NZEnvC 073 Ngai Te Hapu Incorporated v Bay of Plenty Regional Council [pdf, 28 MB]

   BEFORE THE ENVIRONMENT COURT Decision No. [2017] NZEnvC 073 IN THE MATTER of the Resource Management Act 1991 AND appeals pursuant to s 120 of the Act BETWEEN NGAI TE HAPO INCORPORATED (ENV-2016-AKL-42) NGA POTIKI A TAMAPAHORE TRUST (ENV-2016-AKL-4S) Appellants AND BAY OF PLENTY REGIONAL COUNCIL Respondent AND ASTROLABE COMMUNITY TRUST Applicant Court: Environment Judge JA Smith Alternate Environment Judge CE Fox Environment Commissioner SK Prime Environment Commiss

10. ENV-2016-AKL-000275 Dilworth Trust Board v New Zealand Transport Agency [pdf, 10 MB]

    ...(Designation 6727). This designation was the subject of hearings in The Auckland Unitary Plan Independent Hearings Panel hearing topic: 074 Designations. 2. Overview The New Zealand Transport Agency is the requiring authority for Designation 6727 that protects the operation of the New Market Viaduct which is part of State Highway 1. The designation existed in the Auckland Council District Plan - Operative Auckland City ­ Isthmus Section 1999 referenced as 009-32 and was included in prop...