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1. [2020] NZEnvC 159 Upper Clutha Environmental Society Incorporated v Queenstown Lakes District Council.pdf [pdf, 2.2 MB]

   ..."in locations other than in the Rural Zone". The SO is correctly qualified through the use of the word "inappropriate subdivision, use and development". [21] In addition, QLDC proposes two drafting refinements (as set out at [101).19 Later, we explain that we agree further refinement is appropriate but differ somewhat from QLDC on the best approach to this. Provision 3.1 B. 7: Proposed additional definition of 'Rural Character Landscape' [22] Ms Scott...

2. LCRO 216/2018 AA v BB (28 November 2019) [pdf, 165 KB]

   ...would not need to be replicated by counsel taking over the file. [99] Ms BB said she was instructed by Mr AA to pass the file over to Mr DD. [100] She says that she took care to ensure that the file was carefully prepared for Mr DD. 17 [101] It is argued for Ms BB that she was able to decline to act on matters relating to the charging order, as the work engaged in defending the charging order constituted new instructions which Ms BB was entitled to refuse to accept under r 4.1...

3. Education and Training Bill Advice [pdf, 275 KB]

   ...with the New Zealand Bill of Rights Act 1990: Education Amendment Bill (No 2)’, publicly available at https://www.justice.govt.nz/assets/Documents/Publications/bora-education-amendment-bill-two.pdf. 42 See, for example, Hamed v R [2011] NZSC 101, [2012] 2 NZLR 305 at [161] per Blanchard J. https://www.justice.govt.nz/assets/Documents/Publications/bora-education-amendment-bill-two.pdf - clauses 365 and 369 do not provide authority to enter dwelling houses without consent; -...

4. LCRO 116/2019 RLF v DN (29 January 2020) [pdf, 211 KB]

   ...of the first will “without any new grant from the court”.30 Because “the office of executor of the first estate is transmitted to the executor of the executor[’s]” will, a “new probate of the original will is not required”.31 [101] It follows that on BG’s death, assuming probate of BG’s will was granted to JL, it seems that JL, as executor, would have become responsible for the distribution of Mrs LF’s personal property which would necessarily have involved iden...

5. INZ (Foley) v De'Ath [2018] NZIACDT 44 (6 November 2018) [pdf, 273 KB]

   ...must be honest, professional, diligent and respectful and conduct themselves with due care and in a timely manner. 7 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [101]–[102] & [112]. 12 [46] The Tribunal has been sent evidence of Mr De’Ath obtaining job descriptions for two officers, Ms X and Ms M. It has been sent evidence of only one formal complaint against an officer for whom a job d...

6. Proposed model for establishing a Criminal Cases Review Commission - Redacted [pdf, 282 KB]

   ...procedural safeguard, the notice will detail the information sought, the purpose for requesting the information and a timeframe for when the information is required. Compelling information from private persons should be subject to a court order 101. We recommend that the CCRC also have the power to apply to court for an order requiring a private body to provide information. The information we expect to be requested from private bodies includes client files from lawyers14 and examinatio...

7. Auckland Standards Committee 1 v Fendall [2018] NZLCDT 26 [pdf, 349 KB]

   ...regarded as such by “lawyers of good standing”. As a specialist tribunal, and having regard to the number of false declarations (18) and the period of time (25 months) in this case, we consider we are in a position to make that assessment. [101] While we can accept that in some ways Ms Fendall was [medical information removed], at the same time she was able to appear in Court (she says competently), and despite her asserted memory loss was able to give detailed accounts of her...

8. Motiti Rohe Moana Trust and Royal Forest Bird Protection Society Inc. Submissions - 27 November 2017 [pdf, 295 KB]

   ...regionally significant infrastructure in high value natural areas under the Bay of Plenty proposed coastal plan (Roya/ Forest & Bird Protection Society Inc v Bay of Plenty Regional Council). 58 Noting Transpower [2017] NZHC 281 per Wylie J at [101 ]. 15 • Maori relationships with coastal waters, taonga and fisheries, protected under treaty principles; • Rare and threatened flora and fauna; • Indigenous biodiversity, including taonga fish and seabird species, as biotic...

9. LCRO 193/2017 AA v BB and CC (29 November 2019) [pdf, 153 KB]

   ...[100] But Mr AA has been unable, despite rigorous effort on his part, to persuade any decision-making body or any authority with investigatory powers, that a raft of criminal offences, together with serious professional misconduct, has occurred. [101] Questioned at the hearing as to whether he had raised his concerns with the Police, Mr AA explained that he has a current complaint before the Police but pressed on the issue, Mr AA could provide no evidence of any substantial investigat...

10. [2022] NZACC 45 – Williams v ACC (22 March 2022) [pdf, 451 KB]

    ...event. Decision [100] This is an appeal against ACC’s decision of 17 January 2020 declining cover for the appellant’s haematoma as a treatment injury said to have been caused by chiropractic manipulation he received on 19 April 2018. [101] The record before the Court shows that commencing 26 March 2018 the appellant received chiropractic treatment. The chiropractic note of 26 March 2018 records: Fell off a chair last year and hurt mid back and upper back then did wat...