Search Results

1. Proactive-Release_Bail-Electronic-Monitoring-Amendment-Act-2025.pdf [pdf, 2.6 MB]

   ...4 5 This situation was brought to the attention of the judiciary and judicial practice has started to shift in response. This has resulted in a variety of absence conditions being imposed, adding complexity to the system and several appeals. 6 This is because of the size of the EM bail population and the volume of their absences. Corrections currently manages over 2,000 defendants on EM bail and approves on average 30,000 absences per month. Other negative consequen...

2. [2024] NZEnvC 162 Te Kauri Marae Trust v Waikato District Council [pdf, 2.2 MB]

   Te Kauri Marae Trust v Waikato District Council & Waikato Regional Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2024] NZEnvC 162 IN THE MATTER OF an appeal under section 120 the Resource Management Act 1991 BETWEEN TE KAURI MARAE TRUST (ENV-2023-AKL-000052) Appellant AND WAIKATO DISTRICT COUNCIL First Respondent AND WAIKATO REGIONAL COUNCIL Second Respondent AND GLEESON MANAGED FILL LIMITED Applicant...

3. [2007] NZEmpC CC 16/07 Harris v Charter Trucks Ltd [pdf, 109 KB]

   ...would be taken into account yet Mr Sutherland thought Mr Harris had said nothing he needed to consider. As Mr Sutherland said in his evidence, he had “tunnel vision”. [79] In his submissions, Mr James relied on the decision of the Court of Appeal in Coutts Cars Ltd v Baguley [2001] ERNZ 660. He submitted that the level of consultation in this case was much greater than in Baguley’s case and, by implication, sought to persuade me that this rendered the employer’s conduct in...

4. Wall v Malone [2010] NZWHT Auckland 21 [pdf, 262 KB]

   ...was unsuitable for living in due to its weathertightness defects. Since then the claimants had the subject property rented out. At the hearing the claimants reduced their claim for general damages to $15,000.00 in total. [42] The Court of Appeal in its recent decisions in Sunset Terraces4 and Byron Avenue5 have settled the quantum in relation to general damages for leaky homes whereby the appropriate sum to award owners who do not occupy the dwelling the total amount of $15...

5. Liu & Anor v Auckland Council & Ors [2013] NZWHT Auckland 25 [pdf, 257 KB]

   ...responsibility” and concluded that any assessment of contributory negligence turns on the relative blameworthiness and the causal potency of the alleged negligence by the claimant. In O’Hagan v Body Corporate 189855 (Byron Avenue)9 the Court of Appeal concluded that a failure to obtain a LIM may amount to contributory negligence and warrant a 5 Hartley v Balemi HC Auckland, CIV-2006-404-2589, 29 March 2007 at [100] - [1...

6. Darby Trust v Auckland Council & Ors [2013] NZWHT Auckland 1 [pdf, 283 KB]

   ...imposition of a duty of care. [77] The effect of incorporation of a company is that the acts of its directors are usually identified with the company and do not necessarily give rise to personal liability.7 However, as noted by Wylie J in the appeal decision in Chee v Stareast Investment Limited,8 the concept of limited liability whilst relevant is not decisive. In particular, limited liability is not intended to provide company directors with a general immunity from tortious...

7. [2020] NZEnvC 170 Smith v Young.pdf [pdf, 7.8 MB]

   ...Decision No. [2020] NZEnvC 170 of the Resource Management Act 1991 of an application for an enforcement order under section 316 of the Act MICHAEL & EMILY SMITH (ENV-2018-CHC-191) Applicants KARL & GINA YOUNG First Respondents an appeal under section 120 of the Act MICHAEL & EMILY SMITH (ENV-2018-CHC-197) Appellants NELSON CITY COUNCIL Second Respondent Court: Environment Judge J J M Hassan Environment Commissioner M C G Mabin Hearing: In Chambers at...

8. LCRO 74/2020 NS v AD (29 January 2021) [pdf, 285 KB]

   ...scope of a review have been discussed by the High Court, which said of the process of review under Lawyers and Conveyancers Act 2006 (the Act):11 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for tha...

9. Family Fixed Fees Schedules July 2020.. [pdf, 598 KB]

   ...further instructions and reviewing merit • Undertaking negotiations • Attending Registrar’s list/chambers hearings • Liaising with relevant parties – Oranga Tamariki, counsel for child, witnesses, experts • Reporting to client Appeals against financial decisions- preparation Estimate required by amendment For • all preparation related to appeal • reporting to client • preparing application for amendment to grant Appeals against financial decisions...

10. Legal aid Family Fixed Fees Schedules [pdf, 870 KB]

    ...Considering: o a specialist report requested by the court under sections 178, 186 or 187 o a Judge directed Lawyer for Child report  Reporting to client * This is a repeatable activity and can be claimed per occurrence of this activity Appeals against financial decisions- preparation Estimate required by amendment For  all preparation related to appeal  reporting to client  preparing application for amendment to grant Appeals against financial decisions �...