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1. Auckland City Council as Assignee v Russell [pdf, 126 KB]

   ...and the plaintiffs continued in that position for some three years with two children aged 5 and 3 years and Mrs Bronlund pregnant with a third (presumably from the beginning of that time). The Council was found negligent in the issuing of the permit allowing construction of the dwelling and liable for that amount of general damages. 13.4 In Stevenson Precast Systems Ltd v Kelland (CP 303-SD/01: High Court Auckland: 9/8/01: Tompkins J) $20,000.00 was apparently awarded as gen...

2. ENV-2016-CHC-000047 Blueskin Energy Limited v Dunedin City Council - Application - Appendix C1 [pdf, 835 KB]

   ...achieving aesthetic coherence. These are described above. Located on a hill summit typically viewed in silhouette, it is important the surface finish to the turbines is sky-related. A light grey colour finish is appropriate. Considering the permitted baseline for farm and shelter plantings and their potential for visual disruption, the wind cluster will have much lesser visual effect. Positioned on the hill summit, with the machines perched high on slim towers, the turbines do no...

3. Adoption in Aotearoa New Zealand: Summary document - Large print [pdf, 422 KB]

   ...Copyright (Marrakesh Treaty Implementation) Amendment Act 2019. It is for your own personal use and cannot be shared with anyone else. The author and publisher reserve the right to take legal action if the Act is breached. No unauthorised copying is permitted. Produced 2021 by Accessible Formats Service, Blind Low Vision NZ, Auckland Total print pages: 20 Total large print pages: 43 Although all reasonable steps have been taken to ensure the accuracy of the information co...

4. Richards - Karaka Huarua A and B (2004) 98 Whangārei 273 (98 WH 273) [pdf, 4.7 MB]

   ...Indeed, at the next sitting of the Court Mr Karena stated that the parties had agreed to disagree. Submissions fn support 01 the Appffcatlon Mr Karena, supported by other owners in the Land provided lengthy submissions as to why they should be permitted to partition their interests in the Land. Those submissions included that: (a) the Applicants are desirous of creating a place for themselves and their respective whanau on the Land free from the influence of other owners. Their combi...

5. Edinburgh Realty Ltd & Ors v CAC20004 & Anor [2016] NZREADT 5 [pdf, 320 KB]

   ...purchase. [42] Nevertheless, she had prepared a list of questions for the agents, including: “Does the house need any urgent repairs?”; “Has this been a home?”; “Have there been any alterations?”; “Does the work have a consents and permit?”; “Have piles, plumbing and wiring been redone, and when?” She said that both Clayton 8 Sievwright and Matt Shepherd simply responded to those questions: “All covered by the building report”. [43] She said that in...

6. Proactive release - Seventh Periodic Report under the Convention Against Torture [pdf, 2.6 MB]

   ...• on return after being temporarily removed in some cases • when initially segregated due to risk of self-harm • on return of at-risk persons into segregation • on arrival of transfers. 164. Strip-searching is also permitted if an officer reasonably believes a person possesses an unauthorised item, and it is necessary to detect it. 165. Corrections can also conduct searches of fully clothed people in prisons, staff and visitors through ‘scanner sea...

7. LCRO 162/2015 and 66/2016 IA v CMR (31 July 2017) [pdf, 253 KB]

   ...the orders sought. [40] Mr IA’s objections included the Committee having relied on a number of materially wrong findings of fact. He wanted the unsatisfactory conduct finding reversed. He also expressed the view that Mr CMR should not be permitted to participate in the process, given the terms of the agreement reached in mediation. [41] The LCRO resolved the question of Mr CMR’s standing to apply for a review with reference to s 195(2), given the investigation by the Committ...

8. LCRO 88/2018 MC v OT (24 December 2018) [pdf, 225 KB]

   ...because he did not know at that time that the drainage easement issue would cause the rejection of the E-dealing; (g) he filed his complaint on 27 February 2018, which was 20 days before the Disputes Tribunal hearing; 6 (h) lawyers were not permitted to participate in a Disputes Tribunal hearing; and (i) Mr OT did not inform his client about the Disputes Tribunal matter and has only himself to blame for the substitution of parties ordered by the Tribunal. [29] A further...

9. [2013] NZEmpC 82 Tan v Morningstar Institute of Education Ltd t/a Morningstar Preschool [pdf, 177 KB]

   ...submitted that the defendant had been open and transparent with the staff and the plaintiff about its difficult financial situation and had the bank statements present at the meeting of 12 August. He relied on the employment agreement which expressly permitted a redundancy dismissal but which I note, required consultation, the consideration of alternatives and the consideration of the views of the employee with an open mind before the decision was made. [51] Mr Pa’u then submi...

10. Canterbury Westland Standards Committee 1 v Williams [2019] NZLCDT 33 [pdf, 317 KB]

    ...and input. [23] The Committee submitted that the evidence adduced at the hearing confirmed: (a) That the transactions did not meet the objects of the Trust as none of the recipients of the payments were beneficiaries. (b) That Mr Williams permitted the Trust’s credit facility to be extended several times despite interest payments not being met and no principal repayments having been made. (c) That the funds were advanced from the Trust as unsecured loans. [24] There was th...