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1. [2017] NZEnvC 184 Cabra Rural Developments Ltd v Auckland Council [pdf, 1.1 MB]

   ...set down for a one day hearing on a preliminary issue. The Court was greeted by submissions for the Council of some 73 pages, seven volumes of documents (including some 300 or more submissions), all with difficult cross­ referencing between the affidavit relating to them and the various provisions in the Plan. Although the Council provided an electronic version, the Court was not able to access [2016] NZHC 138. 4 these until the day of the hearing. [9] The argument for the oth...

2. Otago Standards Committee No. 1 v Zhao [2016] NZLCDT 22 [pdf, 115 KB]

   ...is an obligation on the judicial officer to sit.28 Issue 1 – Recusal, second ground [56] A further ground raised against the Chair is that she predetermined an "intimated stay application" (see para [10] of Mr Zhao's recusal affidavit dated 1 July 2016, and Ground 1 of the motion for recusal of the same date). The basis for the alleged predetermination is observations made by Judge Clarkson at para [18] of her decision,29 [57] At para [18] of the decision it is st...

3. BG v HL LCRO 71/2013 [pdf, 221 KB]

   ...advanced by him in support of that application, was his contention that he had not been properly advised by Ms HL, and in particular, had not been shown a copy of the police summary of facts before his pleas were entered. [8] Ms HL provided an affidavit to the Court in which she set out her view of events. The complaint and the Standards Committee decision [9] Mr BG lodged a complaint with the New Zealand Law Society Complaints Service (NZLS) on 27 April 2012. The substance of...

4. [2017] NZEnvC 116 The Architectural Centre v Wellington City Council [pdf, 1.2 MB]

   ...McCarthy's evidence of the historic progression (philosophically but also through personal professional connections) from Unite d'Habitation in Marseille to the work of the London County Council to the GWF was compelling. 14 [49] In his affidavit Mr Kelly stated "My view has now changed in the light of further information. If there was a two tier ranking, I would now rank the building in the exceptional category". He cited further study of the Modern Movement...

5. Chief Coroner 2017-18 Annual Report [pdf, 3 MB]

   ...potential legislative amendment) to ensure that in all applications for bail simpliciter involving serious offences and where a 24-hour curfew is proposed as a condition of bail, evidence is provided to the Court in a suitable format (e.g., affidavit from the owner/lawful occupant of the proposed bail address), which includes: a. Details of the proposed address; b. That the occupant of the proposed address is the owner or lawful occupier, and the occupant’s rel...

6. Impact summary RIA Extended Control Orders [pdf, 369 KB]

   ...comment could still be made about the person’s engagement in programmes while in prison. Other evidence may include Parole Board outcomes, expert witnesses (e.g. academics with specialised knowledge of terrorism groups), mail sent from prison7, affidavits from Correction’s officers or friends and family of the individual. The effectiveness of a control order at managing a terrorism offender will vary depending on the individual. No counter-terrorism measure can be guaranteed to...

7. Lewis & Anor as Trustees of the Warren and Bronwyn Lewis Family Trust v Auckland City Council [pdf, 115 KB]

   CLAIM NO: 02089 UNDER The Weathertight Homes Resolution Services Act 2002 IN THE MATTER OF an adjudication BETWEEN: Warren Lewis and Bronwyn Lewis as Trustees of the Warren and Bronwyn Lewis Family Trust Claimants AND Auckland City Council First Respondent – Now Struck Out AND Compass Building Certification Ltd Second Respondent – Now Struck Out (Intituling continued next page) Hearing: 18th September 2006 and 26th to 29th F

8. LCRO 191/2019 UY v FB (26 November 2020) [pdf, 266 KB]

   LEGAL COMPLAINTS REVIEW OFFICER ĀPIHA AROTAKE AMUAMU Ā-TURE [2020] NZLCRO 217 Ref: LCRO 191/2019 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the [Area] Standards Committee [X] BETWEEN UY Applicant AND FB Respondent DECISION The names and identifying detail of the parties in this decision have been changed Introduction [1] Mr UY has appl

9. [2018] NZEmpC 128 Blue Water Hotel Ltd v VBS [pdf, 435 KB]

   BLUE WATER HOTEL LIMITED v VBS NZEmpC WELLINGTON [2018] NZEmpC 128 [7 November 2018] IN THE EMPLOYMENT COURT WELLINGTON [2018] NZEmpC 128 EMPC 57/2018 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN BLUE WATER HOTEL LIMITED Plaintiff AND VBS Defendant Hearing: 30 August 2018 (heard at Wellington) Court: Appearances: Chief Judge Christina Inglis Judge B A Cork

10. [2020] NZEnvC 006 Antoun v Hutt City Council [pdf, 3.1 MB]

    ...drainage etc did not appear on initial inspection to have been connected, there were clear signs of an intention to do so and the resource consent plans showed that these services were to be connected. [21] Attachment 2 to Ms Rotherham's affidavit was a series of photographs taken by her on 4 September 2019 showing the state of construction of the tiny house when she visited on that date. The photographs are consistent with my observations on the date of the site visit. Appen...