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  1. BOAC v Auckland Council [2011] NZWHT Auckland 50-57 [pdf, 357 KB]

    ...building work will be completed by reasonably competent builders and to take into account that with the Broadwood villas project, a building company of some substance was involved. [28] Heath J in Sunset Terraces,6 whose decision was upheld on appeal by the Supreme Court, defined the duty of a local authority as follows: In my judgment, a territorial authority owes a duty of care to anyone who acquires a unit, the intended use of which has been disclosed as residential in...

  2. RIS - Improving the justice response to victims of sexual violence [pdf, 603 KB]

    ...recorded video, even after the guidance in the Solicitor-General’s Prosecution Guidelines was strengthened in 2013. Limited Ministry of Justice data also suggest that alternative modes of evidence are currently underutilised. A 2011 Court of Appeal decision limited the use of pre-recorded cross-examination to rare and compelling cases, in order to:26 25 Criminal Procedure Act, section 97. 26 M v R [2011] NZCA 303. Impa...

  3. [2022] NZEnvC 213 Coneburn Preserve Holdings Ltd v Queenstown Lakes District Council [pdf, 5.2 MB]

    ...HOLDINGS LIMITED & ORS v QLDC – TOPIC 22 – DETERMINATION IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2022] NZEnvC 213 IN THE MATTER of the Resource Management Act 1991 AND an appeal under clause 14 of the First Schedule of the Act BETWEEN CONEBURN PRESERVE HOLDINGS LIMITED & OTHERS (ENV-2018-CHC-137) Appellants AND QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Environment Judge J J M Hassan Env...

  4. [2023] NZEnvC 027 AJ & VF Barr Family Trust v Whakatane District Council [pdf, 1.4 MB]

    AJ AND VF BARR FAMILY TRUST v WHAKĀTANE DISTRICT COUNCIL IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2023] NZEnvC 027 IN THE MATTER OF an appeal under s 120 of the Resource Management Act 1991 BETWEEN AJ AND VF BARR FAMILY TRUST (ENV-2022-AKL-022) Appellant AND WHAKATĀNE DISTRICT COUNCIL Respondent Court: Judge J A Smith Environment Commissioner R M Bartlett Environment Commissioner K A Edmonds...

  10. [2016] NZEmpC 77 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 301 KB]

    ...interest. 10 The rationale is that the funder is gaining access to justice for its own purpose and is in effect the “real party” to the litigation, even if it is not the sole party. 11 [37] These principles were applied by the Court of Appeal where a costs award was sought against a non-party in this Court: Kidd v Equity Realty (1995) Ltd. 12 [38] There are, however, exceptions to the general rule; these were summarised by the Court of Appeal in SH Locke (NZ) Ltd v New Ze...