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1. [2017] NZEnvC 179 Auckland International Airport Limited v Auckland Council [pdf, 6.1 MB]

   ...(Auckland airport,) through the major information outlet for the Council (the website and Our Auckland) and through notification to the various interest groups. [45] Accordingly, in deference to Mr Berry and concerns that s 352(1)(h) may not permit non-personal service, I will dispense with service under s 2AA(2)(b) to the limited extent that the service directed under s 352(1 )(h) is required instead. I note, however, that it is difficult to see how a regulation binding councils co...

2. Regulatory Impact Statement: Expungement scheme for historical homosexual convictions [pdf, 101 KB]

   ...2. The preferred option is to provide individuals with an opportunity to apply to the Secretary for Justice to have their conviction ‘expunged’. This would mean the conviction does not appear in criminal record checks and the person would be permitted to declare they do not have a conviction for any purpose in New Zealand. 3. This approach was preferred over other options because it is simple to administer (which assists in ensuring it can be implemented effectively and efficiently)...

3. York - Matakohe North Eastern Portion Lot 54 Section 3B1 Maori Reservation (2021) 235 Taitokerau MB 288 (235 TTK 288) [pdf, 278 KB]

   ...force on 30 January 2021. Those duties are as follows:5 1. Duty to know terms of trust; 2. Duty to act in accordance with terms of trust; 3. Duty to act honestly and in good faith; 4. Duty to act for benefit of beneficiaries or to further permitted purpose of trust; 5. Duty to exercise powers for proper purpose: 6. A duty to transfer property only to beneficiaries or to the objects of a power of appointment or to persons authorised under a trust instrument or the general l...

4. LCRO 212/2016 LM v HR (22 September 2017) [pdf, 266 KB]

   ...District Law Society Inc. (ADLSI)/Real Estate Institute of New Zealand (REINZ) form. [6] Clause 3.10 of the Agreement provides:3 The parties shall complete settlement by way of remote settlement, provided that where payment by bank cheque is permitted under the PLS Guidelines, payment may be made by the personal delivery of a bank cheque to the vendor’s lawyer’s office, so long as it is accompanied by the undertaking from the purchaser’s lawyer required by those Guidelines....

5. LCRO 212/2016 LMN Law v HR [pdf, 252 KB]

   ...District Law Society Inc. (ADLSI)/Real Estate Institute of New Zealand (REINZ) form. [6] Clause 3.10 of the Agreement provides:3 The parties shall complete settlement by way of remote settlement, provided that where payment by bank cheque is permitted under the PLS Guidelines, payment may be made by the personal delivery of a bank cheque to the vendor’s lawyer’s office, so long as it is accompanied by the undertaking from the purchaser’s lawyer required by those Guidelines....

6. Final Env-Reg-Report-2017-18 [pdf, 178 KB]

   ...joined an existing directly referred application for consent to upgrade an existing gondola in Queenstown. E.49 7 | P a g e • Lindis Catchment Group Inc – an application for resource consents in relation to the replacement of water permits required to implement an alternative regime within the Lindis catchment. This direct referral joined an existing plan appeal that relates to a related Plan Change to Otago Regional Water Plan. Land Valuation Proceedings As record...

7. EA v WSC2 LCRO 11 / 2011 (24 June 2011) [pdf, 124 KB]

   ...raised by the Applicant in an application for review of the Committee‟s decision following completion of its investigation. Section 200 of the Lawyers and Conveyancers Act requires the LCRO to conduct a review with as little technicality as is permitted by the Act, a proper consideration of the review and the principles of natural justice. Nothing would be achieved by deferring a decision on this issue until the investigation is completed and a decision issued. [c] The Standa...

8. [2023] NZSSAA 7 (30 March 2023) [pdf, 260 KB]

   ...DES that was approved after the third period was outside of the scope of the Home Help Programme. [20.5] There is no basis that XXXX is entitled to further grants going forward. [20.6] The Ministry provided other forms of support that were permitted by law, and appropriate. This included support 7 from a disability allowance and “home help for domestic support”.4 The Law [21] As was said in the Indicative decision, the regulation of social security is so...

9. [2017] NZSAAA 03 (7 July 2017) [pdf, 343 KB]

   ...ambit of the discretion provided by reg 4(6) which, while providing the necessary flexibility to enable StudyLink to accommodate the impact of “external influences that temporarily prevent the person from meeting their requirements”, does not permit the wholesale ignoring of the prescribed timeframe. [11] In assessing the appellant’s arguments, both on the papers and at the hearing, the Secretary starts by emphasising that: 4 “My assessment of the Applicant is that she...

10. Auckland Standards Committee 1 v Harder [2022] NZLCDT 29 (23 August 2022) [pdf, 150 KB]

    ...leave him alone with Mr S even after he was interrupted. In short, while his judgment may have been “clouded” Mr Harder certainly knew what he was doing, and that it was wrong. [66] Those who are in custody are vulnerable. They are not permitted any freedom of movement and have few options by way of complaint. Mr Harder only gained access to the cells because the custodial officers believed he was a lawyer exercising his functions as such. [67] While Mr Harder refrained...