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1. ENV-2016-CHC-000047 Blueskin Energy Limited v Dunedin City Council - Evidence - Ben Farrell [pdf, 1.5 MB]

   BI-309448-3-478-V2 BEFORE THE ENVIRONMENT COURT CHRISTCHURCH REGISTRY ENV-2016-CHC-47 IN THE MATTER of an appeal under Section 120 Resource Management Act 1991 BETWEEN BLUESKIN ENERGY LIMITED Appellant AND DUNEDIN CITY COUNCIL Respondent BRIEF OF EVIDENCE OF BEN FARRELL ____________________________________________________________ GALLAWAY COOK ALLAN LAWYERS DUNEDIN Solicitor on record: B Irving

2. Koria & Anor v Johnson & Ors [2013] NZWHT Auckland 14 [pdf, 208 KB]

   ...Koria and Ms Lava allege that Mr Hardy and Mr Woodger each breached the duty of care they owed them by failing to identify the defects in the building as it was being built and when it was completed. Mr Hardy and Mr Woodger deny that they were negligent. Mr Hardy asserts that as a new and junior employee he did not owe a duty of care to the claimants. Mr Woodger acknowledges that as the certifier, he owed a duty of care but he asserts that he carried out his responsibilities proper...

3. 26.-Evidence-of-Ms-Jo-Healy-Social-Impacts.PDF [PDF, 352 KB]

   ...and Mr Grant Eccles. This will in turn reduce potential impacts on the way people live, community character, health and wellbeing and the quality of the living environment. 41. With mitigation, local scale impacts are assessed as potentially negligible to very-low negative social impacts. Sub-local scale social impacts are assessed as negligible to moderate. Page 10 Operational Impacts (without mitigation)4 Spatial Distribution Impacts Regional Local Sub-local T...

4. LCRO 127/2024 ZU v TC, NE, GQ and Law firm A (13 June 2025) [pdf, 366 KB]

   ...was “incorrect and unjust”; and (b) Ms TC’s error represented a “serious breach of trust and confidentiality” which had a direct impact on her financial position; and (c) the error was not an honest mistake, it reflected a pattern of negligence and reckless disregard for her rights as a client; and (d) the firm’s aggressive pursuit of fees was unacceptable in the face of their professional misconduct. [48] Ms ZU’s review application was supported by a comprehensive r...

5. [2011] NZEmpC 169 Kim v Thermosash Commercial Ltd [pdf, 126 KB]

   ...action occurred. [4] The plaintiff filed a challenge in this Court against the whole of the Authority’s determination on a de novo basis. He pleads that Thermosash is obliged to pay him a week’s wages and claims $50,000 compensation for negligence and unethical behaviour which caused emotional harm and permanent physical injuries, and that his employer failed to respond appropriately to a request for extra assistance in October 2007. [5] The defendant has filed an applicat...

6. Barry v Devi [2011] NZIACDT 29 (5 September 2011) [pdf, 96 KB]

   ...upheld. [39] Section 51 of the Act confers these powers using general language. The application of the power is relatively uncomplicated where the grounds on which the complaint has been upheld would establish a civil claim for breach of contract, negligence, or another tort; given the standard of proof before this Tribunal is no less than would be the case for bringing the claim in a civil proceeding. Accordingly, in such circumstances, the Tribunal will ordinarily apply the same princ...

7. People charged and convicted of homicide offences December 2020 [xlsx, 116 KB]

   ...in the year, whereas Table 1b and 1c only count people charged with manslaughter if it was their most serious homicide offence. A person can be charged with manslaughter if they didn't intend to kill or seriously injure the victim, or if their negligence (failing to do something) resulted in the death of the victim. For more information on how to interpret these figures, please read the definitions and data notes Back to contents page Example interpretation: In 2020, 45 people were cha...

8. People charged and convicted of homicide offences June 2020 [xlsx, 116 KB]

   ...in the year, whereas Table 1b and 1c only count people charged with manslaughter if it was their most serious homicide offence. A person can be charged with manslaughter if they didn't intend to kill or seriously injure the victim, or if their negligence (failing to do something) resulted in the death of the victim. 'Other' charge outcomes include being found unfit to stand trial or not guilty by reason of insanity (see Definitions and data notes for more information). For mor...

9. Regulatory Impact Statement Trustee Amendment Bill [pdf, 378 KB]

   ...Timing of reform Meets objective. Financial impact: Imposes costs on retiring trustee if there are no assets to cover Public Trust’s expenses in acting as replacement trustee. Retiring trustee may not be guilty of any alleged wrongdoing or negligence. Public Trust (and potentially the Crown) does not have to bear the cost of acting as replacement trustee. Public Trust (and potentially the Crown) will have to bear the cost of acting as replacement trustee for C+M Finance,...

10. COVID-19 Public Health Response Bill [pdf, 205 KB]

    ...the Act is protected from civil or criminal liability unless they have acted in bad faith or without reasonable care. We note that this means that liability can still lie against an individual, and accordingly the Crown, in cases of bad faith or negligence. We consider this immunity to be consistent with s 27(3) of the Bill of Rights Act. Conclusion 77. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act....