Search Results

1. Regulatory Impact Statement: A New Trusts Act [pdf, 1.2 MB]

   ...powers Minor 37 8 Powers of maintenance and advancement Modernising 59 9 Age of majority Minor 38 10 Appointment of agents Minor 38 11 Appointment of nominees and custodians Modernising 59 12 Power to appoint delegates Minor 39 13 Standard of care Minor 39 14 Investment powers and duties Modernising 59 15 Distinction between income and capital Minor 40 16 Apportionment of receipts and outgoings Minor 40 17 Investment managers Minor 41 18 Acceptance and rejection of trustee...

2. Gray & Ors as Trustees of the John Gray Family Trust v Lay [pdf, 300 KB]

   ...parapet work); • Flat roofs; • Bathrooms. Claim 027 – Ponsonby Gardens – Unit 2 page 13 of 121 4.3 The Owners have provided in evidence the details of how these leaks were caused in each of the areas. I will need to carefully review the evidence when analysing each potential area of leak later in this Determination. I will not get immersed in these details at this point, but simply provide an overview of the claims. 4.4 The remedial work has...

3. McGregor v Jensen [pdf, 89 KB]

   ...to remove the potential daggs. Once this was done a primer was applied. A stick-on membrane sheet was then applied after which the waterproofer went around with the sealant and sealed the joints along the top edges. After that a polystyrene protection was installed to protect the membrane when the area behind the block work was back-filled. The primer and membrane application can be seen in the photograph on page 922 of the claimants’ documents and the polystyrene covering...

4. Jackman v CAC 10100 & Raos [2011] NZREADT 31 [pdf, 152 KB]

   ...prevent people, who may otherwise carry on all of the activities of architects, from describing themselves as registered architects, or architects, unless they are registered; but it does not mean the person is not an architect. That is clear from a careful perusal of s.7 of the RAA (set out above). The 12 use of the title “registered architect” or “architect”, to describe themselves, is confined to persons who are registered architects. The provisions of s.7 do not pr...

5. BORA Protected Disclosures Amendment Bill [pdf, 368 KB]

   Protected Disclosures Amendment Bill 20 June 2006 Attorney-General LEGAL ADVICE CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: PROTECTED DISCLOSURES AMENDMENT BILL 1. We have assessed whether the Protected Disclosures Amendment Bill (‘the Bill’), (PCO 7736/13) is consistent with the New Zealand Bill of Rights Act 1990 (‘the Bill of Rights Act’). We understand that this Bill will be considered by the Cabinet Legislation Committee at its meeting on 28 June 2007....

6. RI v Hart LCRO 158 / 2011 (13 July 2012) [pdf, 160 KB]

   ...3 NZLR 810 at 811. 14 professional discipline, even at the lower end of the scale, must be conduct which departs from acceptable professional standards. That departure must be significant enough to attract sanctions for the purposes of protecting the public. Such protection is the basis upon which registration under the Act, with is privileges, is available. I accept the submission of LQ that a finding of conduct unbecoming is not required in every case where error is show...

7. Proactive-release-Re-written-Evidence-Regulations-6-July.pdf [pdf, 1023 KB]

   ...replaced part of the function of the Royal prerogative of mercy; and 19.2. Family Court access to EVIs of adults, not just children (for instance, to inform civil proceedings under the Family Violence Act 2018 or to assist in determining the child’s care and protection needs). 20. The second issue is the obligation to destroy video evidence 10 years after the court proceeding is finally determined or discontinued (or 7 years after it was made, if not used in court). Those obligations d...

8. [2024] NZEnvC 090 Bowkett v Whangarei District Council [pdf, 2.3 MB]

   Bowkett v Whangarei District Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TAMAKI MAKAURAU Decision [2024] NZEnvC 090 IN THE MATTER OF appeals against an abatement notice under s 325 of the Resource Management Act 1991 BETWEEN GD BOWKETT (ENV-2023-AKL-150) (ENV-2023-AKL-153) Appellant AND WHANGĀREI DISTRICT COUNCIL NORTHLAND REGIONAL COUNCIL Respondents IN THE MATTER OF an application for enforcement orders under ss 314

9. [2017] NZEnvC 116 The Architectural Centre v Wellington City Council [pdf, 1.2 MB]

   ...from 1995 to 2013. Those provisions are set out in full at Appendix A, but it may be of assistance to note here the terms of the overall objective in relation to heritage. It is Objective 20.2.1 : To recognise the City's historic heritage and protect it from inappropriate subdivision use and development. It is to immediately be noted that the protection requirement is not absolute - the significant word in disputes of this kind is ... inappropriate. There is too an issue abou...

10. McElroy & Ors as Trustees of the Shona and Roger McElroy Family Trust v Lay [pdf, 284 KB]

    ...the decks; • Balustrades around the decks (and some parapet work); • Roof and internal gutters; • Bathrooms. 4.3 The Owners have provided in evidence the details of how these leaks were caused in each of the areas. I will need to carefully review the evidence when analysing each potential area of leak later in this Determination. I will not get Claim 00104 – Ponsonby Gardens Unit 5 page 13 of 116 immersed in these details at this point, but simply...