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1. [2025] NZREADT 03 - XS v REAA (10 February 2025) [pdf, 295 KB]

   ...the Rules.26 It might also amount to a failure to exercise reasonable skill and care, in breach of r 5.1. [57] The Registrar also relied on the purchaser having the opportunity to obtain a building report, but choosing not to. This is not a defence to any misrepresentation. We do not know whether any misrepresentation that the leak was old contributed to the purchaser’s decision not to obtain a report herself. While any failure of the purchaser to exercise due diligence coul...

2. [2017] NZEnvC 053 Federated Farmers of New Zealand v Mackenzie District Council [pdf, 17 MB]

   ...the section 32 analysis of the proposed changes given their extent"; and [(c)] "Further ... the Council should be directed to publicly notify the changes so comment is sought and received on each issue". Apparently each of those statements identifies an error of law by this court in the Sixth to Eighth Decisions. The High Court then gave directions as to the future course of the proceedings. [11] In particular Gendall J directed14 that after preparation of amendment...

3. Directory of Official Information M-O [pdf, 564 KB]

   Directory of Official Information Listings M-O About This is a living document. We endeavour to update it whenever there are changes to be made. If your department or agency’s information is out of date, please email oia@justice.govt.nz with the necessary amendments. We can send you a MS Word version if you need. Ministerial Relations and Services Strategy, Governance & Finance Ministry of Justice | Tāhū o te Ture oia@justice.govt.nz ma

4. Directory of Official Information M-O [pdf, 564 KB]

   Directory of Official Information Listings M-O About This is a living document. We endeavour to update it whenever there are changes to be made. If your department or agency’s information is out of date, please email oia@justice.govt.nz with the necessary amendments. We can send you a MS Word version if you need. Ministerial Relations and Services Strategy, Governance & Finance Ministry of Justice | Tāhū o te Ture oia@justice.govt.nz ma

5. Directory of Official Information M-O [pdf, 573 KB]

   ...emergencies while also supporting the operation of the emergency management system. • As assurer (a new function) NEMA will provide assurance that the emergency management system is fit for purpose. NEMA’s responsibilities fall under the Civil Defence Emergency Management Act 2002, the National Disaster Resilience Strategy, National CDEM Plan and the Department of the Prime Minister and Cabinet’s (DPMC’s) Strategic Intentions. 30 Structure NEMA is a departmental agency...

6. Directory of Official Information M-O [pdf, 553 KB]

   ...emergencies while also supporting the operation of the emergency management system. • As assurer (a new function) NEMA will provide assurance that the emergency management system is fit for purpose. NEMA’s responsibilities fall under the Civil Defence Emergency Management Act 2002, the National Disaster Resilience Strategy, National CDEM Plan and the Department of the Prime Minister and Cabinet’s (DPMC’s) Strategic Intentions. 30 Structure NEMA is a departmental agency...

7. Pryor v Perenara - Matata 930 (2005) 105 Whakatāne MB 254 (105 WHK 254) [pdf, 4.5 MB]

   ...general meetings were required under the regulations. Failure to hold those meetings constitutes a breach ofthe duties of the trustees. (li) Failm'e to conunwticate and consult with the bencficiaries of the marae: This breach relies mainly on a statement by Steve MatT at a judicial conference on 6 November 2002. Minute Bool<: lOS WIll( 262 It is difficult to separate this complaint fi'om that of the failure to hold annual general meetings. Had those meetings been hel...

8. [2017] NZEmpC 6 Lyttelton Port Co Ltd v Maritime Union of NZ Inc [pdf, 183 KB]

   ...established any arguable case, strong or otherwise, that the defendant had failed to meet its s 82A obligations. He said that the evidence put forward by LPC itself was speculative and without substance. [28] This was to be contrasted with the defence evidence. The result of the secret ballot held on 7 January 2017 was that members confirmed they were in favour of “the strikes”. He submitted it was clear that the strikes being referred to were the ones set out in the noti...

9. Hawke's Bay Standards Committee v Clarkson [2014] NZLCDT 2 [pdf, 258 KB]

   ...For these reasons the application to amend the charges was declined, and the Tribunal proceeded to hear the charges as originally laid by the SC. [9] After the evidence for the SC was complete, Ms Clarkson advised the Tribunal that one of her defence witnesses in respect of the first misconduct charge, Ms Sutton, was not at the hearing. Ms Sutton’s affidavit (in a facsimile form) was available Ms Clarkson said. The Tribunal was not prepared to accept a facsimile of Ms Sutton...

10. [2021] NZEnvC 146 Ngati Paoa Trust Board v Kennedy Point Boatharbour [pdf, 437 KB]

    ...qualifiers; and to analyse the qualifiers “reasonably possible” and “to the greatest extent practicable” as a matter of law. He accurately characterised the requirement about “avoidance” from findings of the Supreme Court in Environmental Defence Society Inc v The New Zealand King Salmon Co. Limited9 as meaning “not allow”, or “prevent the occurrence of”, but with an acknowledgment that this is not absolute because minor or transitory effects may be permissible....