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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...