Ministry of Justice

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1. Deputy Registrar v Moeahu – Lot 1 DP 17494 Part Section 2345 New Plymouth (Old Railway Station) (2021) 437 Aotea MB 3 (437 AOT 3) [pdf, 550 KB]

   ...wrongdoing of a criminal nature.23 Te whakahaerenga o te tarati - The administration of the trust [26] In terms of the administration of the trust, Mr Webster identified a number of general issues, which can be summarised as follows: (a) The trustees permitted and endorsed a high degree of deference towards Shaun Keenan. This appeared to be based on his former occupation as a policeman, his 21 A further election of trustees was held and an order issued on 23 April 2021 appoint...

2. Cooper v Wellington City Council [pdf, 237 KB]

   ...because of the failure of the tenth respondent to ensure that flashings were installed under the roofing tiles. 8 Claim 2171:Determination 15. The first respondent was the territorial authority responsible for the issuing of the building permit and for undertaking inspections to ensure that the dwellinghouse, while in the course of construction, was being constructed in accordance with the requisite building codes in the terms of the building consent. 16. In the cours...

3. David Bain report of Hon Ian Binnie QC on compensation claim supplementary [pdf, 1.5 MB]

   ...charge a fee which, but for the lie, he could not have charged. [58] No solicitor who abuses the fundamental solicitor/client relationship in a calculated and deliberate way for personal gain, and to the potential detriment of the client, can be permitted to continue in practice… *** [59] The abuse of the solicitor/client relationship of confidence and trust was exacerbated by Mr Guest’s deliberate misleading of the arbitrator and of two fellow practitioners, again for Mr Guest�€...

4. [2016] NZEmpC 48 Nelson v Katavich [pdf, 290 KB]

   ...accurate. To assist with this investigation you can provide references or accompanying documentation to confirm the previous employment and credentials you claimed in your resume. Alternatively the other option is for you to sign a disclosure permitting us have an independent company provide a background check in the US to confirm the veracity of your resume. These issues which have come to light are very serious in nature and if proven they could amount to serious misconduct, wh...

5. McKinney v Cassidy [pdf, 259 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. 792-01514-McKinney

6. Green v EIT [2020] NZHRRT 24 [pdf, 985 KB]

   ...access to courts and tribunals. IPP 11 and the right of access to courts are not opposites or inconsistent. The interests of the person about whom the information is and those of the employee are balanced by the terms of IPP 11 which explicitly permit disclosure for the conduct of proceedings before any court or tribunal whether they be proceedings that have been commenced or are reasonably in contemplation. But just as the admissibility of evidence in such proceedings is for good reas...

7. Final-Technical-Assessment-G-Hydrogeology-and-Groundwater-v2.pdf [pdf, 9.1 MB]

   ...that is accessible via their online data portal. Technical Assessment G: Hydrogeology & Groundwater Page 22 generally low yielding (<5L/s) and few have consent to abstract more than 50m³/day (0.6L/s).13 77. In 2021, there were 46 permitted groundwater abstractions within the HGMZ listed in Horizons' resource consent database.14 Consented takes were mainly for agriculture irrigation/water supply (62%), horticultural irrigation/water supply (29%) and recreationa...

8. [2022] NZEnvC 162 Middle Hill Limited v Auckland Council [pdf, 1.3 MB]

   ...into the hearing there were still live issues regarding the traffic and transportation effects of the plan change. Those effects were resolved between the parties and amended rules put forward for the Court’s consideration. They related to permitted peak period traffic generation 47 Middle Hill’s reply submissions at [2.32]. 34 associated with the Middle Hill land resulting in amendments to Table I552.6.5.1 Threshold for development – transport. Amendments were al...

9. Environment Court annual review 2015 [pdf, 2.4 MB]

   ...v Wellington City Council [2015] NZEnvC163 Judge Thompson, Commissioner von Dadelszen P and S Aitchison applied for declarations relating to the decision of Wellington City Council that a children’s play facility (“the structure”) was a permitted activity under Environment Court of New Zealand Annual Review 2015 50 the district plan, and that the council erred by issuing a certificate of compliance for the structure. The applicants owned and occupied an apartment at 2...

10. January 2015 National Pānui [pdf, 213 KB]

    ...required to enable us to forward a copy of the monthly National Pänui to you. Information about you will not be disclosed to any other person in a form that will identify you except where you have consented to such disclosure or where such is required or permitted by the Privacy Act 1993 or otherwise as permitted by law. You may at any time contact us to check the details held and request changes by writing to the Pänui Analyst, DX Box SX11203, Wellington, or by email to MLCpanui@justice....