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...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 •...
...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...
...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...
...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,...
...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...
...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...
...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...
...culturally significant matters are provided to Ngāi Tamanuhiri by the Bill. These include participation in resource management and related decision-making affecting the areas with which Ngāi Tamanuhiri have a special association, and right of access to protected sites within Whareata Forest. Issue under sections 20 and 27(2) 3. The Bill provides in clause 13 that the settlement of the historical claims is final and excludes the jurisdiction of the courts, Tribunals or other judicial...
...with the taonga tuturu protocol issued under Part 2 of the Bill. 9. We have considered whether these clauses limit the right to bring civil proceedings against the Crown affirmed by section 27(3) of the Bill of Rights Act. However, section 27(3) protects only procedural rights[3] while clause 25(3) affects the substantive law. Accordingly, no inconsistency arises. Discrimination – Section 19 10. The Bill does not prima facie limit the right to freedom from discrimination affirmed...
...of association". It recognises people’s freedom to enter into consensual arrangements with others, and to promote their common interests and the objectives of the associating group. The right also extends to the right not to associate, and protects the right of individuals to decide freely whether they wish to associate with others. 6.Clause 46, new s 7A, provides that NZICA may make rules stating that a person may be a member of NZICA only if the person is also a member of ...