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1. Hay v Dodds [pdf, 235 KB]

   ...position. In this respect the law can be stated as follows: 1. The builder of a house owes a duty of care in tort to future owners. 2. For present purposes that duty is to take reasonable care to build the house in accordance with the building permit and the relevant building code and bylaws. 3. The position is no different when the builder is also the owner. An owner/builder owes a like duty of care in tort to future owners. The council’s position can be more simp...

2. ENV-2016-AKL-000TBA Waste Management NZ Limited v Auckland Council [pdf, 1.4 MB]

   ...that this provision be amended to allow for degradation of amenity from rural activities and significant infrastructure (provided that solid waste disposal is recognised as significant infrastructure). 5. Policy 9 of Section 5.1, which requires permitted air discharges from vehicles to be assessed, modelled and monitored as part of any application that requires consent and that this policy would be unlikely to have any real effect as the applicant would have little or no control over t...

3. International Covenant on Civil and Political Rights - government reply to issues 6th report [pdf, 624 KB]

   ...held the policy breached section 19 of NZBORA, which provides for freedom from discrimination. 11. Parliament addressed the Atkinson decision by introducing the New Zealand Public Health and Disability Amendment Bill (No 2) 2013. This amendment permits and regulates public funding for the provision of health and disability services for family members. It gave the Crown discretion to deny funding on some prohibited grounds of discrimination. The Bill was the subject of a report und...

4. [2018] NZEnvC 066 Hamilton City Council [pdf, 20 MB]

   ...at the intersection of realigned Ruakura Road and Road 3, and the intersection of Road 3 and Old Ruakura Roads . The sign will not feature a directional arrow; x) two temporary sandwich-board signs advertising the Furniture Refabricator shall be permitted at Ruakura/Silverdale Road and Road 3/realigned Ruakura Road during the construction of the new realigned Ruakura Road. These temporary signs will be removed once the construction of new road layout is completed. The issues [9] Obje...

5. [2018] NZEnvC 025 Minister of Corrections v Otorohanga District Council [pdf, 16 MB]

   ...PRISON OPERATIONS 1. All buildings on the site which are designed to hold prisoners overnight shall be contained within secure perimeters. 2. No additional vehicle entrances or road intersections with Waikeria Road or Wharepuhunga Road shall be permitted without Otorohanga District Council 's consent (as road controlling authority) for the location , design and construction of the vehicle entrances or road intersections. 3. In the event of an escape from Waikeria Prison, the...

6. Review of community-based sentences in New Zealand [pdf, 1.4 MB]

   ...the removal of the upper age limit for those on whom the sentence could be imposed, the 1966 amendments limited the group of offenders excluded from the sentence (i.e. those who had served a previous institutional sentence) to those under 21, and permitted the offender to be placed on probation concurrently with, and not merely subsequently to, periodic detention, although the probation period could still continue for up to one year after the end of the periodic detention. By this time th...

7. [2021] NZEnvC 106 Rangitane o Tamaki Nui a Rua Incorporated v Manawatu-Wanganui Regional Council [pdf, 861 KB]

   ...downstream of the discharge location. G9. The Consent Holder shall commence an investigation into alternative methods and treatment and discharge (Alternatives Investigation) on or before five years from the expiry of these consents (discharge permits). The Alternatives Investigation shall be undertaken in consultation with the relevant iwi authorities. The findings of the Alternatives Investigation shall be provided to the relevant iwi authorities, the Tararua District Wastewate...

8. [2017] NZEnvC 187 Hawkes Bay Fish Game Council v Hawkes Bay Regional Council [pdf, 11 MB]

   ...submission can only fai rly be regarded as 'on' a variation if it is addressed to the extent to which the varialion changes the pre-existing status quo. 2. But if the effect of regarding a submission as 'on' a variation would be to permit a planning instrument to be appreciably amended without real opportunily for participation by those potentially affected, this is a powerful consideration against any argument that the submission is truly 'on' the variat...

9. [2024] NZEnvC 183 Grenadier Ltd v Manawatu-Whanganui Regional Council [pdf, 402 KB]

   ...89 NOE 12 October 2023 at 174. 44 area and the Tirotirowhetū Zone as a whole where earthworks and vegetation clearance are a controlled activity, for which consent cannot be declined. Moreover, as we heard in evidence there are a range of permitted activities which can occur within much of this area as of right including primary production activities (agricultural, horticultural and intensive farming among other activities) and plantation forestry.90 All of those are likely...

10. Mills v Capital and Coast District Health Board [2019] NZHRRT 47 [PDF, 731 KB]

    ...Whether the HVDHB breached IPP 2 [71] IPP 2 requires that where an agency collects personal information the agency must collect the information directly from the individual concerned, unless the agency believes on reasonable grounds that one of the permitted exceptions applies. In this case information was not collected directly from Mr Mills but from Facebook and from Employee X. The HVDHB therefore has the onus of proving one of the exceptions in IPP 2 applied. See s 87 of the Priva...