Search Results

1. 2021-11-03 D-G of Conservation - Legal submissions - PC8 - primary sector hearing [pdf, 163 KB]

   ...land, by: … • maintaining coastal water quality, and enhancing it where it has deteriorated from what would otherwise be its natural condition, with significant adverse effects on ecology and habitat, because of discharges associated with human activity. 12. Policy 4 of the NZCPS provides for integrated management of natural and physical resources in the coastal environment, and importantly, activities that affect the coastal environment. PC8 looks to manage landuse activiti...

2. [2018] NZSSAA 59 (19 November 2018) [pdf, 213 KB]

   ...in a car in these circumstances was plainly very distressing, it also exposed the appellant to the risk of further complications or death. In our view, leaving the appellant to live in his car in these circumstances was incompatible with his human dignity. This is not a case where the appellant chose to live in his car, he regularly pled for assistance from the Ministry. 6 c) Second, we consider the situation from the point of view of New Zealand society. To deprive an...

3. W v H [2015] NZIACDT 80 (10 August 2015) [pdf, 94 KB]

   ...breach of duty in a professional setting, by measuring the breach against real world standards where perfection is not attainable. A responsible body of a practitioner’s peers gives weight to the realities of day-to- day professional practice, and human error. Accordingly, a necessary element of the test is to determine whether any lapse is sufficiently serious to warrant upholding the complaint as a professional disciplinary matter. Though the statutory context is quite different, a rele...

4. BORA Arms Amendment Bill (No 3) [pdf, 176 KB]

   ...to the Minister of Justice. A copy is also attached for referral to the Minister of Police, if you agree. Roger Palairet Acting Chief Legal Counsel Office of Legal Counsel Boris van Beusekom Senior Legal Adviser Bill of Rights/Human Rights Team CC Minister of Justice Minister of Police In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the Attorney-General to determi...

5. [2014] NZEmpC 41 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 75 KB]

   ...all these circumstances, I am satisfied that there is an adequate explanation for the delay. [15] The next substantive ground of opposition to leave being granted is that Ms Alim’s challenge “lacks merit”. Addressing this ground, LSG’s Human Resources Manager, Marie Park, says that Ms Alim failed comprehensively in all of the many applications, substantive and interlocutory, that she brought to the Authority. Ms Park says that defending all of those groundless claims has p...

6. LCRO 13/2015 UP v HQ (19 June 2018) [pdf, 174 KB]

   ...evidence that [Law firm] consider that there was a conflict of interest otherwise they would have raised it at some stage during the transaction. In relation to calling Mr and Mrs UP the wrong surname, the Committee accepts that that was simply human error and Mr HQ has apologised. The application for review [15] In the application for review Mr and Mrs UP again referred to their view that Mr HQ had a conflict of interests. They said: We feel Mr HQ failed to represent us, he fa...

7. Wawatai - Estate of Akutini Wawatai (2001) 150 Gisborne MB 38 (150 GIS 38) [pdf, 1.3 MB]

   ...NZFLR 769; and Oorfv 00rf(1982) 1 NZLR 494 or (1982) 1 NZFLR 331 (CA) . While exploring different indicia the Family Court has also stressed that each case must be considered on its own facts and with "a realistic application of common sense and human experience." (See Wright v Wright (1997) 15 FRNZ 474) In Ruka v OSW (1996) 14 FRNZ 633 or (1996) NZFLR 921, Sir Ivor Richardson P and Blanchard J identified as "key positive features" of a legal marriage "cohabitati...

8. ENVC Hearing 6Oct14 TGKL lay attach 5 marine pollution [pdf, 389 KB]

   ...environments, being strongly influenced by factors such as local productivity, wave- energy and the structure and nature of available habitats (reviewed in Richmond and Seed, 1991; Svane and Petersen, 2001). Differences in physical factors caused by human modification of habitats along shorelines, such as boat harbours, tend to result in fouling assem- blages that differ in composition and abundances from those in many natural habitats (Arenas et al., 2006; Bulleri et al., 2005; Con- nell and G...

9. BORA Manukau City Council (Regulation of Prostitution in Specified Places) Bill [pdf, 315 KB]

   ...New Zealand and international jurisprudence supports the proposition that forms of expression that may be regarded as offensive or distasteful are nevertheless protected forms of expression. The Court of Appeal in Living Word Film Distributors v Human Rights Action Group [3] accepted the proposition that a fundamental aspect of the right to freedom of expression is that it extends to protecting all information and opinion, however offensive or distasteful. 7. The Supreme Court of Cana...

10. [2021] NZEnvC 074 Greenarces Waiheke Limited v Auckland Council [pdf, 2.2 MB]

    ...September 2020. Follo'\ving that visit there appear to have been various reports and correspondence passing between the Council and Greenacres. [22] The abatement notice states that: The composition of wastewater ... poses numerous hazards for humans, animals, and the environment. Harmful effects of wastewater and run off from saturated disposal fields, dysfunctional holding ponds, or inadequate treatment systems can disrupt ecosystems. When a large quantity of biological substa...