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1. Te Manutukutuku Issue 15 [pdf, 3.1 MB]

   ...community-based employment schemes - to settle all unpaid rates within the Te Roroa claim area. To obtain remission by the Kaipara district council until access by private or public road is pro­ vided to the Waipoua settlement. ~ Control and protection of wahi tapu The Waitangi Tribunal proposes that the Crown re-affirm the trad­ itional and Treaty rights of tangata whenua to control and protect their own wahi tapu. The Tribunal also requires the Department of Conservation and other...

2. Justice: our people, our communities [pdf, 6.2 MB]

   ...at the court,’ says Katherine. One wall of the room is covered by a large, colourful image, which looks a bit like a giant etch-a-sketch drawing on a glossy white background. Carla explains. ‘It’s intended to relax the mind. We had to be careful about using specific images or cultural references, because they might carry negative connotations for a victim.’ At the back of the room a brightly coloured poster hangs loosely. ‘Take your time’, ‘tell the truth’, ‘don...

3. [2022] NZEnvC 056 New Zealand Cherry Corp (Leyser) LP v Central Otago District Council [pdf, 4.3 MB]

   ...Area and an explanation is included. 4.2.1 Outstanding Natural Landscapes and Outstanding Natural Features The District contains a number of outstanding natural landscapes and outstanding natural features that require identification and protection from inappropriate subdivision, use and development. In determining what is inappropriate subdivision, use and development in these landscapes it must be recognised that these landscapes are often utilised by people and commun...

4. ENV-2016-AKL-000xxx Sargisson & Barnes v Auckland Council [pdf, 3 MB]

   ...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 r...

5. Darling v CAC 20002 & Penrose [2014] NZREADT 46 [pdf, 70 KB]

   ...under this Act; or (c) is incompetent or negligent; or (d) would reasonably be regarded by agents of good standing as being unacceptable.” [9] Rules 6.1, 6.2, 6.4, 9.1, 9.3, 9.6 and 10.2 of the Real Estate Agents (Professional Conduct Client Care) Rules 2009 read: 6.1 An agent must comply with the fiduciary obligations to his or her client arising as an agent. 3 6.2 A licensee must act in good faith and deal fairly with all parties engaged in a transaction. ... 6...

6. Starik v Auckland Council [2016] NZWHT Auckland 5 [pdf, 491 KB]

   ...Peninsula Homes Limited – this company is alleged to have developed the property by the purchase of the land and the construction and sale of the building on that land. It is alleged against Peninsula Homes that it had a non-delegable duty of care to ensure that the building complied in all respects with the Building Act 1991 and the New Zealand Building Code, that it did not leak and cause loss to the claimants. (c) Kevin Bryan Perry – whilst various causes of action were in...

7. Cole & Anor v Euro-Asia Investments Ltd & Ors [2013] NZWHT Auckland 8 [pdf, 140 KB]

   ...assessment of damages involves a determination of the quantum of loss attributable to the negligence of the respondent deemed to be liable. Having regard to the evidence of the assessor and Mr Grigg, I am satisfied that the breach of duty of care by Mr Reyes has been a substantial and material cause of the multiple defects in construction identified and the consequential substantial diminution in the value of the house. I conclude that Mr Reyes is jointly and severally liable f...

8. Faulkner v Egan - Matapihi 3A2C1C2C (2006) 86 Tauranga MB 141 (86 T 141) [pdf, 785 KB]

   ...8. Prior °to his death Putere filed an affidavit dated 24th June 2005. In that affidavit he said that Hurihia told him that if he and Catherine paid Thomas for his share of the house, she (Hurihia) would gift them her share in return for taking care of her. 9. Catherine Faulkner also confirmed at the hearing that Hurihia had said that as soon as Putere paid the money to Thomas, she (Hurihia) would make her share of the house over to Putere. (See 85 Tauranga MB 104). Attached to Put...

9. Vincent v Kennedy - Estate of Carol Fleet (2019) 185 Taitokerau MB 148 (185 TTK 148) [pdf, 328 KB]

   ...Kennedy. Ambiguity arises because of the phrase “to hold and administer as kaitiaki”. According to the holistic Māori world view, Māori did not consider they owned land in a western sense. Rather, they saw themselves as kaitiaki or caretakers. They were intrinsically linked with the land and had an obligation to care for and look after the land before passing it on to future generations. In other contexts, the term kaitiaki has been used to refer to a trustee and d...

10. EQE v ICQ [2019] NZIACDT 37 (6 June 2019) [pdf, 189 KB]

    ...guidance, he had lost his job, left his assets (presumably in New Zealand) and had been unemployed since returning to India. The complainant says he did not insist on the early filing of the essential skills application. Her negligence had left his career in bad credit with Immigration New Zealand. He sets out $52,565.50 compensation which is sought, including $25,000 for ruining his career and his life, and $25,000 for mental pressure and depression. [37] [the adviser] provide...