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1. Infringement governance guidelines [pdf, 84 KB]

   ...25. A central principle of the criminal justice system is that the prosecution must prove the alleged offender committed the offence. This includes both the physical actions and the state of mind (called mens rea) in relation to the offence (i.e. negligence, recklessness or intention to commit the offence). 26. In contrast, infringement offence schemes involve strict and absolute liability offences, and there is no requirement for the prosecution to prove the mens rea. For some in...

2. Policy Framework for New Infringement Schemes [pdf, 84 KB]

   ...25. A central principle of the criminal justice system is that the prosecution must prove the alleged offender committed the offence. This includes both the physical actions and the state of mind (called mens rea) in relation to the offence (i.e. negligence, recklessness or intention to commit the offence). 26. In contrast, infringement offence schemes involve strict and absolute liability offences, and there is no requirement for the prosecution to prove the mens rea. For some in...

3. Final-Technical-Assessment-J-Terrestrial-Ecology-v2.pdf [pdf, 30 MB]

   Barristers and Solicitors Wellington Solicitor Acting: David Allen / Thaddeus Ryan Email: david.allen@buddlefindlay.com / thaddeus.ryan@buddlefindlay.com Tel 64 4 462 0423 Fax 64 4 499 4141 PO Box 2694 DX SP20201 Wellington 6011 IN THE MATTER OF the Resource Management Act 1991 AND IN THE MATTER OF applications for resource consents and notices of requirement in relation to the Ōtaki to North of Levin Project BY WAKA KOTAHI NZ TRANSPORT AGENCY A

4. [2023] NZEnvC 055 New Zealand Transport Agency v Waikato Regional Council [pdf, 472 KB]

   ...the Bay of Plenty. The intersection is a give-way controlled T-intersection in a high-speed rural 4 traffic environment, with traffic on SH1 having priority and traffic from SH29 having to give way at the intersection. Approximately 58% of vehicles coming from the north continue to the south on SH1, and 42% travel towards Tauranga along SH29 to the east.1 [7] Right-turning traffic out of SH29 into SH1 towards the west is currently moderately delayed in the weekday peaks. In th...

5. [2011] NZEmpC 8 Service v YMCA Christchurch [pdf, 243 KB]

   ...Having now spoken to the victim in all of this, I am quite certain that the rape would not have occurred if it were not for the poor judgments and decisions made by the YMCA (ie: Roz). ... I believe this incident is an example of serious negligence in carrying out that duty of care. ... I wonder what else goes on if this is an example of how Roz manages a serious incident at the centre? ... [36] The meeting Ms Service had arranged between Mr Tai and Ms Ogden-Schroe...

6. Trends in child and youth prosecutions in New Zealand 2002 to 2011 [pdf, 289 KB]

   ...percent of charges faced over time by young people. The number of offences committed by children or young people decreased across most offence categories across 2009, 2010 and 2011. In particular, the number of youth charged with ‘Dangerous or negligent acts endangering persons’, and ‘Traffic and vehicle regulatory offences’ declined by 41 percent each between 2009 and 2011. 12 Records where ethnicit...

7. Wellington Standards Committee v Sawyer [2013] NZLCDT 47 [pdf, 84 KB]

   ...Schedule 1. [2] The practitioner admitted a misconduct charge brought in relation to the behaviour in 2011 and the further misconduct charge relating to his behaviour in July 2004. He denied the remaining charge on the basis that his admitted negligence was not such as to reflect on his fitness to practice or tend to bring the profession into disrepute. This charge was in relation to his actions in July 2007. The hearing proceeded as a defended hearing in relation to the negligenc...

8. Darryl Sycamore [pdf, 457 KB]

   In the Environment Court of New Zealand Christchurch Registry ENV-2016-CHC-47 Under the Resource Management Act 1991 (RMA) In the matter of an appeal under section 120 of the RMA Between Blueskin Energy Limited Appellant And Dunedin City Council Respondent Statement of evidence of Darryl Sycamore 24 February 2017 Respondent's solicitors: Michael Garbett Anderson Lloyd Level 10, Otago House, 477 Moray Place, Dunedin 9016 Private Bag 1959,

9. LV v VJ LCRO 81 / 2011 (6 September 2011) [pdf, 86 KB]

   ...Applicant was a major beneficiary under the Will of DR who died in April 2010. The Practitioner was an executor of the estate; a niece of the deceased was co- executor. [3] DR had bequeathed to the Applicant a sizable amount of money, her motor vehicle and the balance of her household chattels. The complaint against the Practitioner concerned those chattels. Many were found to be missing at some stage after the funeral. The Applicant blamed the Practitioner for failing in his du...

10. [2024] NZEnvC 180 Tasman District Council v Schaeffner [pdf, 1.1 MB]

    ...free-standing masts, towers, pylons, poles, radio and television aerials (excluding dish antennae for receiving satellite television), less than 10 metres above mean ground level; (e) fan blades of any tower-mounted frost protection device; (f) any vehicle, trailer, tent, caravan or boat whether fixed or movable, unless it is used as a place of long-term accommodation (for two calendar months or more in any year), business or storage; (g) overhead lines; 5 (h) in relatio...