Search Results

1. Pue v Kīngi - Te Rūnanga o Ngāti Maru (Taranaki) Whenua Tōpu Trust (2015) 335 Aotea MB 1 (335 AOT 1) [pdf, 389 KB]

   ...trust (whether by way of injunction or otherwise.) [32] It is trite law that trustees must adhere to their duties and any suggestion as to a lack of knowledge of such responsibilities is no defence against a claim of breach of duty. The Court of Appeal judgment Rameka v Hall underscored the relevant duties including the principal obligation of being familiar with the terms of the trust: 39 [28] The general responsibilities of responsible trustees are set out in s 223 of the Act...

2. Cooper v Wellington City Council [pdf, 237 KB]

   ...principles a builder is liable for physical damage to property caused by faulty work of construction (refer Todd, The Law of Torts in New Zealand, 4th edition, para 6.4) and in Stieller v Proirua City Council [1968] 1 NZLR 84, 94 (CA) the Court of Appeal has affirmed that an inspecting council’s obligations were not confined to defects effecting health and safety, nor to defects damaging or threatening to damage parts of the structure. It was enough if they reduced the value of the...

3. McKinney v Cassidy [pdf, 259 KB]

   CLAIM NO: 01514 UNDER The Weathertight Homes Resolution Services Act 2002 IN THE MATTER of an adjudication BETWEEN SAMUEL TRACY McKINNEY and CLAIRE RUTH McKINNEY Claimants AND GREGORY CASSIDY First Respondent AND BERNARDO ALARCON, trading as Alarcon Contractors Second Respondent AND NORTH SHORE CITY COUNCIL Third Respondent AND No Fourth Respondents, Siok Koon Wee and Kelvin Donovan Wee not having been served AND BRIAN ALAN TU

4. [2018] NZEnvC 116 Kumeu Property Limited v Auckland Council [pdf, 8 MB]

   [BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2018] NZEnvC f /6 of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act KUMEU PROPERTY LIMITED (ENV-2017 -AKL-044) Appellant AUCKLAND COUNCIL Respondent Court: Environment Judge JA Smith, sitting alone pursuant to s 279, in chambers at Auckland Counsel: RE Bartlett QC for Kumeu Property Limited D Hartley and M Matich for Auckland Counc...

5. TSA-Amendment-Act-Combined_FINAL_Redacted.pdf [pdf, 3 MB]

   ...and the relevant Minister must apply a proportionality test once they are satisfied that the grounds for designation have been met. Lastly, designations do not automatically expire, but there are provisions for revocation applications and a related appeals body. Implementation 41 Once a Bill has been passed, a Cabinet memo will be developed setting out how the Prime Minister will conduct a review of an imprisoned person’s designation, seek information from the person, and what type...

6. [2024] NZEnvC 293 Waimarino Queenstown Limited (as successor to B Property Group Ltd) v Queenstown Lakes District Council [pdf, 648 KB]

   WAIMARINO QUEENSTOWN LTD (AS SUCCESSOR TO B PROPERTY GROUP LTD) v QLDC IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2024] NZEnvC 293 IN THE MATTER of the Resource Management Act 1991 AND an appeal under s120 of the Act BETWEEN WAIMARINO QUEENSTOWN LIMITED (AS SUCCESSOR TO B PROPERTY GROUP LIMITED) (ENV-2023-CHC-1) Appellant AND QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Environment Judge P A Steven Environm...

7. [2023] NZEmpC 168 AJY v Chief Executive of the Department of Corrections [pdf, 545 KB]

   ...prepares and implements adjudication hearings in accordance with the Corrections Act 2004 and the Corrections Regulations 2005. It also organises and manages Visiting Justices who attend the site for the purpose of hearing from prisoners who have appealed a misconduct charge or are referred for that purpose. [7] In 2014, AJY transferred to Prison 2 and was assigned to the Prosecutions team there in September 2016. [8] There were no issues with AJY’s employment during the...

8. Waitangi Tribunal - Report on the Māori Community Development Act Claim [pdf, 3.2 MB]

   ...findings and recommendations will not change Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz xxii aBBreviations aJhr Appendix to the Journals of the House of Representatives app appendix CA Court of appeal ch chapter CNI central north island comp compiler CYFS Child, Youth, and family services DMC District Māori Council doc document ed edition, editor ETITO electrotechnology and telecommunications industry training organisation fol folio ICE...

9. Mark-St-Clair_S87F-Report_Planning_28-April-2023_with-Footnotes.pdf [pdf, 1.1 MB]

   Section 87F Report – Ōtaki to north of Levin Highway Project (Ō2NL Project) Prepared by Mark St.Clair – Planning 1 IN THE MATTER of the Resource Management Act 1991 AND IN THE MATTER of applications by Waka Kotahi NZ Transport Agency (Waka Kotahi) to Manawatū-Whanganui Regional Council and Greater Wellington Regional Council for resource consents to enable the construction, operation and maintenance of new state highway, shared use path and as

10. [2011] NZEmpC 71 Gaut v BP Oil [pdf, 174 KB]

    ...Turner. All the witnesses appeared to be doing their best to accurately recall for the Court the relevant events which had, of course, occurred over two years previously. [33] Both parties accepted the legal principle as stated by the Court of Appeal in Waitemata District Health Board v Timu 2 that “obscene or abusive language” could be capable of being regarded as serious misconduct justifying dismissal. Responsibly, Mr Jackson did not try to dispute that if Mr Gaut had use...