Search Results

1. [2019] NZEnvC 080 Cossens v Queenstown Lakes District Council [pdf, 2.1 MB]

   ...amenity landscape under the operative district plan ", further it was [201 81 NZEnvC 205. [20181 NZEnvC 205 Order B. [20181 NZEnvC 205 Order C. [20191 NZEnvC 17. Application fo r costs by Dr Cassens dated 30 January 2019 at [401- Ibid at [101. Ibid at [111- Ibid at [221 . Ibid at [25I(c). Ibid at [271(b). Ibid at [27I(a). 3 inconsistent with its approach to the visual amenity landscape 12; and (e) a number of small issues through the process built towards a perce...

2. Huriwai - Hinetiraha A2C Ahu Whenua Trust (2017) 66 Tairawhiti MB 157 (66 TRW 157) [pdf, 203 KB]

   ...for each section and the trustees of each section were the occupiers and occupations orders for each site were granted. 7 Heta – Taiharuru 4C3B (2010) 99 Taitokerau MB 164 (99 TTK 164) and 101 Taitokerau MB 119-145 (119 TTK 145). 66 Tairawhiti MB 165 [36] A copy of the trust order issued in relation to that decision is attached to this judgment. [37] The trustees and the owners will need to review that trust order an...

3. Maritime Powers Bill [pdf, 151 KB]

   ...action and responses. There are many opportunities for those engaging in illegal activity to evade law enforcement activities in open waters and delays in obtaining a warrant could impede law enforcement. 2 See, for example, Hamed v R [2011] NZSC 101, [2012] 2 NZLR 305 at [161] per Blanchard J. 3 Ibid at [162] per Blanchard J. 4 Hamed v R, above n3, at [172]. 5 See, for example, R v Rao (1984) 12 CCC (3d) 97. 15. Clause 16 of the Bill sets out the criteria for exercising t...

4. [2022] NZIACDT 18 - TQ v Gibson (25 July 2022) [pdf, 209 KB]

   ...Disciplinary Tribunal [2017] NZHC 376 at [93]. 5 Section 50. 6 Section 51(1). 7 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [128] & [151]. 8 Z v Dental Complaints Assessment Committee, above n 7, at [97], [101]–[102] & [112]. 7 b. confirm in writing to the client when applications have been lodged, and make on-going timely updates … Negligence, or alternatively breaches of cls 1 and/or 26(b) of the Code (1) Failed to reply...

5. [2022] NZEmpC 117 QDY v Counties Manukau District Health Board [pdf, 230 KB]

   ...the substantial merits of each case, without regard to technicalities.11 It may call for and take into account such evidence and information, from the parties or from any other person, as in equity and good 7 Employment Relations Act 2000, ss 101(ab) and 143(b). 8 Section 3(a)(v). 9 Section 3(a)(vi). 10 Section 143(f). 11 Section 157(1); and Employment Relations Authority Regulations 2000, r 4(1). conscience it thinks fit, whether strictly legal evidence or not.12...

6. [2024] NZIACDT 05 - UT v Lawlor (18 January 2024) [pdf, 148 KB]

   ...containing a full description of the services the fee relates to and/or disbursements that the invoice relates to. 5 Section 51(1). 6 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [128] and [151]. 7 At [97], [101]–[102] and [112]. 7 File management 26. A licensed immigration adviser must: a. maintain a hard copy and/or electronic file for each client, which must include: i. a full copy of the client’s application or other immigra...

7. [2023] NZEnvC 264 Fleet v Ashburton District Council [pdf, 179 KB]

   ...unfairness to an appellant from a consent authority’s decision can be cured on appeal and is not relevant to the appeal”. Specifically, counsel submitted that “while, from a natural justice 2 Mawhinney v Auckland Council [2017] NZEnvC 162 at [101] (Mawhinney). 3 Mawhinney at [104]. 4 Far East Investments Ltd v Auckland City Council A048/01 at [41]. 6 perspective, a hearing of the objection should have been conducted to enable Ms Fleet to further air her issues wi...

8. Murphy v ACC (Leave to appeal to the High Court) [2024] NZACC 71 [pdf, 210 KB]

   ...observations from this clinical interaction. It is a real pity that this opportunity was missed, as this was likely early in the course of his bacterial meningitis and treatment here would have prevented the infection progressing further.” [101] It appears the meningitis was likely “early in the course” in Dr Bourke’s opinion. He is clear about the effects of delay. He said: “Even a 30 minute delay is considered dangerous, with guidelines recommending IV antibiotic treat...

9. WNO v Oranga Tamariki [2025] NZHRRT 13 [pdf, 127 KB]

   ........................................ JS Hancock Deputy Chairperson ....................................... L Ashworth Member ........................................ SB Isaacs Member 18 See Newsroom NZ Ltd v Solicitor-General [2024] NZCA 101, [2024] 2 NZLR 216 at [125]

10. Bonner v Accident Compensation Corporation (Rehabilitation) [2024] NZACC 164 (15 October 2024) [pdf, 224 KB]

    ...whole the Court could not accept that the decision was proper and fair. 1 Kacem v Bashir [2010] NZSC 112; [2011] 2 NZLR 1. 2 Gregory v Accident Compensation Corporation [2016] NZACC 118. 3 Waaka v Accident Compensation Corporation [2003] NZACC 101. 9 Discussion [30] The issue in this case is whether the Corporation correctly declined Mr Bonner’s request of 20 July 2022 for funding towards an ATV. Mr Bonner may be eligible for entitlements in respect of a personal injur...