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...19 LIABILITY FOR LOSS CAUSED BY THE CLAIMANTS’ DWELLING BEING A LEAKY BUILDING 23 The liability of the First respondent, THL, in contract 23 The liability of the Fifth respondent, Brown Day, in tort 27 • The standard of care 28 • Evidence of the standard 29 • The standard of plans and specifications generally 30 CLAIM NO.00692 – CARTER DETERMINATION.doc 3 • The standard of the plans and specifications of Brown Day 37 ...
...and those outstanding values are at significant risk from human-induced pollution (particularly increasing levels of NO3-N); and an effective and robust WCO is needed to preserve the Springs’ natural state as far as possible and sustain and protect the outstanding values of the Springs and Wharepapa Arthur Marble Aquifer. The WCO needs to also extend to the contributing groundwaters and surface waters as are identified in the recommended WCO in Annexure 1. Statutory framew...
...and those outstanding values are at significant risk from human-induced pollution (particularly increasing levels of NO3-N); and an effective and robust WCO is needed to preserve the Springs’ natural state as far as possible and sustain and protect the outstanding values of the Springs and Wharepapa Arthur Marble Aquifer. The WCO needs to also extend to the contributing groundwaters and surface waters as are identified in the recommended WCO in Annexure 1. Statutory framew...
...considered the defendant's unsatisfactory conduct was "rather at the lower end of the scale". Relevant Law [4] It is settled law that decisions of disciplinary tribunals should emphasise the maintenance of high standards and the protection of the public through specific and general deterrence. However, while this may result in orders having a punitive effect, this is not their purpose; refer Z v CAC [2009] 1 NZLR 1; CAC v Walker [2011] NZREADT 4. [5] The unsatisfactor...
...rather restricted. And the regulation-making powers must be exercised consistently with the free expression right (and will be ultra vires if they unjustifiably limit it). The limits are rationally connected to an important objective, which is the protection of public health in the context of products which may pose some (albeit low) risk of harm. In our view, the proposals reflect a reasonable and proportionate response to a complex social problem.[43] Yours sincerely Crown Law...
...which were executed by the parties before the PPPR Amendment Act’s commencement date. Section 94A(1) of the PPPR Act specifically provides: “This section applies only to a power of attorney executed after the commencement of section 7 of the Protection of Personal and property Rights Amendment Act.”5 (2) Having had regard to the material before it, the Committee considers that Mr FG attended the family meeting on 12 July 2013 in his capacity as the complainants’ solicitor. Alt...
...ensure that appropriate standards of conduct are maintained in the occupation concerned. [24] The statutory purpose is achieved by considering at least four factors which materially bear upon maintaining appropriate standards of conduct: [24.1] Protecting the public: section 3 of the Act states “[t]he purpose of this Act is to promote and protect the interests of consumers receiving immigration advice ...” [24.2] Demanding minimum standards of conduct: Dentice v Valuers Re...
...triggered at the point of detention, and a statutory requirement to provide information while arrested or detained raises a prima facie issue of inconsistency under this section. 23. The Canadian Supreme Court has outlined the significant degree of protection that the law affords to the right to refrain from making a statement when arrested or detained. In R v Hebert,[6] McLachlin J (as she then was), said: The purpose of [the right] is two-fold: to preserve the rights of the detained i...
...Fulton Hogan advising that they were non-compliant with their resource consent as too much earth was exposed. This was then audited in September 2019 and found to be compliant. [23] The applicant submits that the trustees have not taken adequate care of the trust land in terms of allowing sand mining to continue on the trust’s land and in not protecting its cultural importance. Discussion [24] A somewhat analogous case is found in Hennessy v Parkinson – Himatangi 7 Block,...
...auditor, but failed to do so. [12] Ms Woolley submitted that compliance with the audit regulations is not in the category of “something that is nice to have”. Rather, she submitted, compliance is mandatory, and an essential part of the consumer-protection function of the Act. She further submitted that the Agency had been put on notice by its auditor that its practices fell significantly short of the regulatory requirements, and that those shortcomings could lead to a breach o...