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1. Holland & Ors as Trustees of the Harbourview Trust v Auckland City Council [pdf, 258 KB]

   ...NEGLIGENCE? ............................................................................................. 87 IS MR PAINTON RESPONSIBLE FOR THE DEFECTS AND CONSEQUENTIAL DAMAGE? .................................................................... 101 WHAT CONTRIBUTION SHOULD EACH OF THE LIABLE PARTIES PAY? ..................................................................................................................... 115 CONCLUSION AND ORDERS ........................................

2. INZ (Calder) v Shearer [2019] NZIACDT 41 (19 June 2019) [pdf, 286 KB]

   ...using a third party to discharge her personal obligations. 14 Section 50. 15 Section 51(1). 16 Section 53(1). 17 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [101]–[102] & [112]. 17 [85] It is not accepted that signing 20 applications in blank amounts to dishonest or misleading conduct. Ms Shearer’s conduct demonstrates a lack of professionalism in managing the process, by delegating...

3. [2020] NZEnvC 180 The Trustees of the Motiti Rohe Moana Trust v Bay of Plenty Regional Council.pdf [pdf, 541 KB]

   ...the black Jetter requirements of cl 8D of Schedule 1. 32 33 34 Berryman v Waitakere City Council, fn 2. Royal Forest and Bird Protection Society of New Zealand Inc v New Plymouth District Council [2015] NZEnvC 219; (2015) 19 ELRNZ 122 at [101] and [105]. Ibid. at [114]. 22 [71] If a plan were overdue for review in terms of s 79, then that could be the basis for seeking a declaration under several of the limbs of s 310. Given the range of outcomes that could flow from the...

4. [2020] NZIACDT 34 ZT v Li (20 July 2020) [pdf, 340 KB]

   ...standard of proof, the balance of probabilities, that is applicable in professional disciplinary proceedings. However, the quality of the evidence required to meet that standard may differ in cogency, depending on the gravity of the charges.10 [101] The Tribunal has received from the Registrar the statement of complaint (11 October 2018) and paginated supporting documents. [102] No statement of reply was filed by the complainant. [103] Ms Lee, on behalf of Ms Li, has produced a sta...

5. [2022] NZEnvC 160 Tararua District Council v Manawatu-Wanganui Regional Council [pdf, 1007 KB]

   IN THE ENVIRONMENT COURT AT WELLINGTON I TE KOTI TAIAO O AOTEAROA KI TE WHANGANUI-A-TARA Court: Hearing: Appearances: IN THE IVIA TIER Decision No. [2022] NZEnvC 160 of appeals under s 120 of the Resource Management Act 1991 BETWEEN TAR.ARDA DISTRICT COUNCIL (ENV-2021-WLG-000031) ]BENT AND AND (ENV-2021-WLG-000030) Appellants MANAWATU-WANGANUI REGIONAL COUNCIL Respondent TAR.ARDA DISTRICT COUNCIL Applicant Environment Judge BP Dwyer Environment Commiss

6. 22.-Evidence-of-Mr-Andrew-Curtis-Air-Quality.PDF [PDF, 1.6 MB]

   ...activities. I have set out in paragraph 39 above a process to appropriately identify, mitigate and monitor (if access is allowed) potential adverse dust effects on high-risk properties within 50m of specified construction works and activities. 101. If issues arise in the interim the complaints procedure in the CAQMP and Condition RCM2 applies. 102. I consider that these measures address the concerns raised by Mr Stacey in paragraphs 61 and 62 of his report. 103. In paragraph...

7. [2023] NZEmpC 162 Birthing Centre Ltd v Matsas [pdf, 445 KB]

   ...issue in question may affect the nature and timing of the provision of information and consultation. Redundancy of particular positions presents different issues than does the formulation of business plans. 60 At [86]. 61 At [90]. 62 At [101]. 63 Auckland City Council v New Zealand Public Service Assoc Inc [2004] 2 NZLR 10 (CA) 64 At [24]. [65] It is to be noted that the subsection considered by the two Courts was subsequently amended. For ease of reference, I atta...

8. Conviction and sentencing of offenders in New Zealand 1997 to 2006 [pdf, 4 MB]

   ...offence, 1997 to 2006 99 Table 3.46 Average custodial sentence length imposed (in months), by type of miscellaneous offence, 1997 to 2006 100 Table 3.47 Most serious sentence imposed for all convicted cases finalised in each court location, 2006 101 Table 3.48 Total number of cases resulting in conviction, by most serious sentence imposed and gender of the offender, 2006 103 Table 3.49 Total number of cases resulting in conviction, by most serious sentence imposed and age of the...

9. Restorative Justice: Reoffending Analysis for cases 2008 - 2009 [pdf, 548 KB]

   Reoffending Analysis for Restorative Justice Cases: 2008 and 2009 Ministry of Justice June 2011 2 First published in June 2011 by the Ministry of Justice PO Box 180 Wellington New Zealand ISBN 978-0-478-32400-6 3 Acknowledgements This report was undertaken by the Justice Strategic Policy Unit and was commission ed by the Restorative Justice Team

10. [2017] NZEnvC 174 New Zealand Transport Agency v Marlborough District Council [pdf, 13 MB]

    BEFORE THE ENVIRONMENT COURT Decision No. [2017] NZEnvC 174 IN THE MATTER of the Resource Management Act 1991 AND of an appeal pursuant to s 120 of the Act BETWEEN NEW ZEALAND TRANSPORT AGENCY (ENV-2016-CHC-27) Appellant AND MARLBOROUGH DISTRICT COUNCIL Respondent AND J M &A P LIMITED Applicant Court: Environment Judge J R Jackson Environment Commissioner K Edmonds Environment Commissioner R Howie Hearing: In Blenheim on 31 May & 1, 2 June 2017 (Final submissi