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BEFORE THE ENVIRONMENT COURT ENV-2020-AKL- IN THE MATTER of the Resource Management Act 1991 (“the Act”) AND an appeal under Clause 14 of Schedule 1 of the Act against the decision of the Waikato Regional Council on Proposed Plan Change 1 to the Waikato Regional Plan BETWEEN AUCKLAND/WAIKATO AND EASTERN FISH AND GAME COUNCILS Appellant AND WAIKATO REGIONAL COUNCIL Respondent NOTICE OF APPEAL Dated: 8 Jul
...the Act and without these rights persons may be reluctant to become mediators. He concluded: 7 The law should not allow such unintended draconian consequences of a strict interpretation. The objective of confidentiality under s 148(2) is to protect parties and the integrity of the mediation process and not to protect or advantage mediators personally. [57] A purposive interpretation of s 148(2) will produce a different result than a purely literal interpretation of what might...
...7 Bolton v Law Society [1994] 2 All ER 486 at 492. [48] We agree with the Tribunal that the appellant’s professional misconduct touched the very heart of the relationship of trust between solicitor and client. It was serious misconduct. Protection of the public required that decisive protective steps were taken. But, on looking at the misconduct in isolation, it was conceivable that a penalty less than striking off could have been imposed. Previous matters [49] This was...
...gives rise to one of the main issues in this proceeding, namely the scope of repairs required to properly remediate the property. [3] Prior to hearing Auckland Council, the first respondent, accepted that it owed the claimants a duty of care which it breached when carrying out inspections and issuing the code compliance certificate. The Council accepts responsibility for three primary defects which it agrees have necessitated a full reclad. However the Council disputes the...
THE WEATHERTIGHT HOMES TRIBUNAL TRI 2014-100-000026 [2016] NZWHT AUCKLAND 2 BETWEEN BU-RYE & JEOM-YOUL LEE Claimants AND AUCKLAND COUNCIL First Respondent AND GIL (2008) LIMITED (formerly Goodland Investments Limited) Second Respondent AND LAI FOOK CHOY (Not Served) Third Respondent Hearing: 28, 29, 30 October 2015 Closing submissions: 25 November 2015 Appearances: Ms Grant for the claimants Ms Knight and Mr Fellows for th
...submissions prepared by persons without professional help. In such circumstances, to take a legalistic view that a council could only accept or reject the relief sought would be unreal. As observed in an oft-repeated dictum in Royal Forest & Bird Protection Society Inc v Southland District Council 12: … it is important that the assessment of whether any amendment was reasonably and fairly raised in the course of submissions, should be approached in a realistic workable fashion...
...I see this situation as a difference in management styles and approach that I am happy to keep discussing and working to resolve. I do not accept that I’ve breached my obligations as trustee. My conduct has always been aimed at furthering the protection of these urupā which are in our care. Josephine Moore [46] Josephine Moore is not a trustee but was appointed secretary to the Trust in 2016. She provided a brief of evidence dated 12 September 2023. [47] Ms Moore describes her...
...................................................................................................................................... 25 4.1 Top of mind experience ................................................................................................................. 25 4.2 Advice to other parents about to embark on parental ‘day-to-day care and contact’ arrangements ...................................................................................................................
...COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER BETWEEN AND Decision No. [2019] NZEnvC 060 of the Resource Management Act 1991 Direct referral of a notice of requirement by the Minister of Children to alter designation 3800 "Care and Protection Residential Centre- Upper North" in the Auckland Unitary Plan MINISTER FOR CHILDREN Applicant (ENV-2019-AKL-000007) AUCKLAND COUNCIL Regulatory Authority Court: Principal Environment Judge L J Newhook sitting...
...legislation is one part of a whole of government work programme to transform the response system for victims and perpetrators of family and sexual violence in New Zealand. The Family Violence Act replaces the Domestic Violence Act 1995 and brings in changes to Protection Orders and Police Safety Orders, greater visibility for family violence offending in the courts and principles to guide decision making. Ministry of Justice is one of 10 government agencies named as Family Violence Agencies. Th...