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1. LCRO 1/2023 EL v OX (17 December 2024) [pdf, 176 KB]

   ...powers granted to it by the mortgagor under any agreement. [53] The provisions of the clause do not grant Bank A an Enduring Power of Attorney to act on behalf of EL to take whatever action the bank pleases. I refer EL to the provisions of the Protection of Personal and Property Rights Act 1988 for him to verify what is needed to create an Enduring Power of Attorney. [54] EL’s concerns result from a misunderstanding of the terms of clause 15 of the Memorandum. Conflict of inte...

2. Gray v Tulip Holdings Ltd [pdf, 176 KB]

   ...18 LIABILITY FOR LOSS CAUSED BY THE CLAIMANTS’ DWELLING BEING A LEAKY BUILDING 21 The liability of the First respondent, THL, in contract 21 The liability of the Fifth respondent, Brown Day, in tort 25 • The standard of care 27 • Evidence of the standard 27 • The standard of plans and specifications generally 29 • The standard of the plans and specifications of Brown Day 35 CLAIM NO.00499 – GRAY DETERMINATION.doc 3 •...

3. Proactive release - Sexual violence response [pdf, 7.7 MB]

   ...protections of our system. Finally, I propose to reconsider the definition of ‘consent’ and the continuing role of juries in sexual violence trials. Change in these areas could involve significant shifts in the way our system deals with sexual offending. Careful consideration would be given to any impact on defendants’ fair trial rights, and the wider impact on the criminal justice system. Background Responding to family and sexual violence is a priority 9. There is a growing so...

4. Proactive release - Improving the justice response to victims of sexual violence [pdf, 7.7 MB]

   ...protections of our system. Finally, I propose to reconsider the definition of ‘consent’ and the continuing role of juries in sexual violence trials. Change in these areas could involve significant shifts in the way our system deals with sexual offending. Careful consideration would be given to any impact on defendants’ fair trial rights, and the wider impact on the criminal justice system. Background Responding to family and sexual violence is a priority 9. There is a growing so...

5. [2017] NZEnvC 182 The Rise Ltd v Kaipara District Council [pdf, 3.9 MB]

   ...the performance standards will not be met). Such activities include renewable energy generation facilities, network utilities infrastructure and mineral extraction and processing activities. [20] The Mangawhai Harbour Overlay was established to protect the cultural, heritage, landscape and ecological values of the Mangawhai area. The Mangawhai Structure Plan was adopted in 2005. It anticipated growth and further subdivision, including rural­ residential development, in the Mangawhai...

6. ENVC Hearing 6Oct14 AT evidence chief Appendix A 2012 bylaw [pdf, 208 KB]

   ...engine braking on any road in contravention of a prohibition or restriction made by Auckland Transport. 17 Unformed legal roads (1) Auckland Transport may by resolution restrict the use of motor vehicles on unformed legal roads for the purposes of protecting the environment, the road and adjoining land, and the safety of road users. (2) A person must not use a motor vehicle on an unformed road contrary to a restriction made by Auckland Transport. Part 3 Parking 18 Stopping,...

7. Gillard v CAC 20003 [2014] NZREADT 4 [pdf, 132 KB]

   ...with them. They wished to be able to participate in a multi-offer and said that the licensee may have achieved a better price for his client. [12] The Committee found a breach of Rules 5.1 and 6.2 of the Real Estate Agents Act (Client Conduct and Care) Rules 2009. [13] Rule 5.1 reads: “A licensee must exercise skill, care, competence, and diligence at all times when carrying out real estate agency work.” Rule 6.2 reads: “A licensee must act in good faith and deal fairly w...

8. [2021] NZEmpC 113 Waitoa v The Chief Executive of the Ministry of Social Development [pdf, 231 KB]

   ...was arrested for trespass and forcibly removed from the premises and into the Police car. MSD conducts employment investigation [27] In the days after the sit-in, Mrs Banaghan, who was then the General Manager, Residential, High Needs and Care Services, learnt of the incident. She was the decision-maker in relation to any decisions to be made regarding Mrs Waitoa arising out of the sit-in. The Manager Operational Support, Residential and High Needs was tasked to undertake...

9. 2021-03-23 OWRUG opening subs [pdf, 311 KB]

   ...contravention of the obligation to begin implementing the NPS FM 2020 as soon as reasonably practicable. 12. All the policy making in the world will not save the non-migratory galaxiids of Otago if the permits held to take water are not designed to protect them. It is the Otago Regional Council’s position, or so it seems, that doing nothing to that end in Otago for at least six years is an acceptable outcome. OWRUG does not agree with that proposition, because they say that w...

10. [2018] NZEnvC 021 Te Tumu Kaituna 14 Trust v Tauranga City Council [pdf, 8.2 MB]

    ...system providing opportunities and integrated links for both public and private transportation modes; (c) Demand management is considered in planning, design and transport investment decisions; (d) Existing and future transport corridors defined and protected; and (e) Integrated transport packages for funding are developed. The s32 report says in relation to this policy: The plan change does not promote any change in the basic urban layout of the new suburb. The roading layout will...