Search Results

1. DH v WU LCRO 219 / 2010 (29 June 2011) [pdf, 105 KB]

   ...indication that the practitioner in question ‘must try harder’. ” [48] He goes on to say that “any failure by a lawyer whether of competence or professionalism is less than satisfactory. Where the failure is an isolated oversight, slip or negligence the regulatory response is likely to be similarly modest with the focus being on redress or compensation for the client in the event that loss has been caused. A disciplinary response of any magnitude is unlikely.” [49] Con...

2. Watene v Edwards - Mangaroa X (2021) 87 Takitimu MB 190 (87 TKT 190) [pdf, 321 KB]

   ...least, was endorsed by the then trustees in 2013 when they entered into a lease with his father, James Edwards, the trust chairman, which should have been renewed for a further 12 months in 2014. Mr Edwards argued that the majority trustees were negligent in failing to renew the lease. [5] The trust chairman, James Edwards, did not attend the hearing. In the interim, it was said that Ms Watene was the acting chairperson of the trust. Ngā take Issues [6] The issues for d...

3. [2024] NZEnvC 197 Otago Regional Council v Dunedin City Council [pdf, 982 KB]

   ...mitigation measures that rely on significant capital investment or requirements for ongoing maintenance by the DCC or Otago Regional Council will generally not be seen as appropriate; and iv. any mitigation measures that may result in more than negligible adverse effects on biodiversity values, more than minor effects on access to the coast, or significant effects on amenity or natural coastal sedimentation processes, will generally not be seen as appropriate. https://2gp.dunedin.g...

4. [2018] NZEmpC 79 Hines v Eastland Port Ltd [pdf, 513 KB]

   ...Court in Minhinnick v New Zealand Steel Ltd, the correct approach is that stated in the Court of Appeal in Chief Executive of the Department of Inland Revenue v Buchanan.12 That approach means that even one-off acts of inadvertence, oversight or negligence can, depending on the overall circumstances, amount to serious misconduct justifying dismissal. The Court is to stand back and consider the factual findings and evaluate whether a fair and reasonable employer would characterise...

5. [2021] NZEnvC 009 Goodwin v Wellington City Council [pdf, 2.1 MB]

   GOODWIN v WELLINGTON CITY COUNCIL BEFORE THE ENVIRONMENT COURT AT WELLINGTON I MUA I TE KŌTI TAIAO O AOTEAROA KI TE WHANGANUI-A-TARA Decision No. [2021] NZEnvC 9 IN THE MATTER of an appeal under s 120 of Resource Management Act 1991 BETWEEN D GOODWIN, F CLOSE, P OLVER & C HORROCKS (ENV-2020-WLG-000007) Appellants AND WELLINGTON CITY COUNCIL Respondent AND WELLINGTON ZIPLINE ADVENTURES LIMITED Applicant Court: Environment Judge B P Dwyer Environment C

6. Miller v REAA & Robinson [2013] NZREADT 14 [pdf, 84 KB]

   ...underpinning for an assessment as to whether particular real estate work is unsatisfactory is s.3(1) of the Act which has the clear purpose of protecting consumers. Mr Napier’s rationale is that the appellant is not a consumer and the Act is not a vehicle to be used for resolving employment disputes between real estate agencies and their sales people. [53] He also submitted that a finding of unsatisfactory conduct must relate to the carrying out of “real estate agency work” wh...

7. COVID-19 Alert Level 2 in the District Court data summary v1.0 [pdf, 287 KB]

   ...Difference from baseline Count Percentage Count Percentage 01: Homicide and related offences 3 2 126% 2 137% 02: Acts intended to cause injury 436 -47 -10% -66 -13% 03: Sexual assault and related offences 159 41 34% 35 29% 04: Dangerous or negligent acts endangering persons 204 21 11% -29 -13% 05: Abduction, harassment and other offences against the person 113 -18 -14% -16 -12% 06: Robbery, extortion and related offences 21 1 8% -7 -24% 07: Unlawful entry with intent/burglary...

8. COVID-19 Alert Level 3 in the District Court data summary [pdf, 335 KB]

   ...from pre-COVID baseline Count Percentage Count Percentage 01: Homicide and related offences 14 1 0 0% <1 5% 02: Acts intended to cause injury 485 103 27% -18 -4% 03: Sexual assault and related offences 120 82 219% -5 -4% 04: Dangerous or negligent acts endangering persons 183 23 14% -50 -21% 05: Abduction, harassment and other offences against the person 132 29 29% 2 2% 06: Robbery, extortion and related offences 19 7 51% -8 -29% 07: Unlawful entry with intent/burglary, br...

9. Enduring Power of Attorney (EPA) In relation to property [docx, 104 KB]

   ...as attorney in order to allow: the witnesses to belong to the same legal firm or the same trustee corporation the same person to witness both donors’ signatures if the witness is satisfied and certifies that doing so does not constitute more than a negligible risk of conflict of interest. Capable of making a will The law requires that anyone making a will must have testamentary capacity; that is, they must understand the nature and effect of what they are doing, who might have a claim to t...

10. 21.-Evidence-of-Mr-Michael-Smith-Noise-and-Vibration.PDF [PDF, 1.4 MB]

    Barristers and Solicitors Wellington Solicitor Acting: David Allen / Thaddeus Ryan Email: david.allen@buddlefindlay.com / thaddeus.ryan@buddlefindlay.com Tel 64 4 044 620450 Fax 64 4 499 4141 PO Box 2694 DX SP20201 Wellington 6011 ENVIRONMENT COURT OF NEW ZEALAND WELLINGTON REGISTRY I MUA I TE KOOTI TAIAO O AOTEAROA TE WHANGANUI-A-TARA ENV-2023-WLG-000005 Under the Resource Management Act 1991 In the matter of the direct referral of applications for resourc