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1. [2018] NZEnvC 083 Willowridge Developments Ltd v Queenstown Lakes District Council [pdf, 11 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA Court: IN THE MATTER AND BETWEEN AND Decision No. [20181 NZEnvC 83 of the Resource Management Act 1991 of an appeal pursuant to section 120 of the Act WILLOWRIDGE DEVELOPMENTS LIMITED (ENV-2017 -CHC-27) Appellant QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Environment Judge J R Jackson Environment Commissioner J R Mills Environment Commissioner D J Bunting Hearing: at Wanaka on 4 and 5 December

2. 2021-03-08 ORC - Opening Subs (Philip Maw) [pdf, 226 KB]

   ...land on a whole-of-catchment basis, including the effects on receiving environments. (3) Policy 7: The loss of river extent and values is avoided to the extent practicable. (4) Policy 9: The habitats of indigenous freshwater species are protected. (5) Policy 10: The habitat of trout and salmon is protected, insofar as this is consistent with Policy 9. (6) Policy 11: Freshwater is allocated and used efficiently, all existing over-allocation is phased out, and future over-a...

3. Ryan v CAC 20002 & Skinner [2013] NZREADT 45 [pdf, 67 KB]

   ...the Act; and it determined under s.89(2)(c) of the Act to take no further action. The Stance of the Appellant [10] The appellant covered the above facts and stated that the Andersons had repeatedly offered to buy her business at $120,000 after careful advice from their accountants. She maintains that at her meeting with the licensee on 17 March 2011 it was agreed he was to meet the Andersons and communicate her acceptance of their offer at $120,000, put that into a contract form, “...

4. MG v Jean Xiujing Hu [2019] NZIACDT 20 (10 April 2019) [pdf, 152 KB]

   ...with supporting documents. There is also a statement of reply (16 June 2017) from Mr Moses. Ms Hu does not seek an oral hearing. ASSESSMENT [53] The Registrar relies on the following provisions of the Code: 1. Obligations to clients 1.1 Care, respect, diligence and professionalism: A licensed immigration adviser must, with due care, diligence, respect and professionalism: a) perform his or her services; and b) carry out the lawful informed instructions of clients; and …...

5. Wellington Standards Committee 2 v O'Connor [2023] NZLCDT 18 (8 May 2023) [pdf, 177 KB]

   ...Schedule 2 withdrawals occurred in Porirua or Mana, locations associated with Mr O’Connor. The standard of proof in Tribunal cases is the balance of probabilities. Because the consequences for Mr O’Connor of an adverse finding are great, we have carefully weighed our consideration. We find an overpowering inference that Mr O’Connor obtained an EFTPOS card for Mr Coles’ account and used it on the occasions appearing in Schedule 2. We find that Mr O’Connor deliberately l...

6. U v F LCRO 26 / 2009 (6 April 2009) [pdf, 17 KB]

   ...strong terms. They threaten an action for damages against Complainant U should his actions damage the business of Lawyer F’s company and also indicate injunctive proceedings may be taken. The final paragraph of the letter states “we urge you to carefully consider the contents of this letter before taking any of the actions against Lawyer F’s company you describe in your correspondence”. That appears to refer to statements in an email of 18 May in which Complainant U indicat...

7. Taranaki Standards Committee v Flitcroft [2010] NZLCDT 36 [pdf, 176 KB]

   ...needs to be emphasised at this stage that on all occasions there was no element of personal gain. Mr Flitcroft’s sole motive in completing the forgeries was to enable the various transactions to take place. In pointing this out his counsel was careful not to minimise the seriousness of the misconduct. Mr Flitcroft accepts unreservedly that his actions constituted a serious lapse of judgment on his part and accepts sole responsibility. [8] The hearing on penalty included a dispu...

8. EJ v UQ Ltd [2015] NZDT 834 (29 September 2015) [pdf, 91 KB]

   ...If so; what is recoverable on that failure? Did the services provided by UQ Ltd fail? [5] The law of contract and the Consumer Guarantees Act 1993 applies. By law UQ Ltd must perform its services (warranty repair work) with reasonable skill and care and the product of its service must be of acceptable quality, fit for purpose and durable. The test is objective. Where a failure is capable of remedy then a consumer may require the supplier in trade to remedy the failure and if they d...

9. BORA Identity Information Confirmation Bill [pdf, 314 KB]

   ...unions. In order to use the service, an agency will need to have entered into an agreement with the chief executive of the Department of Internal Affairs or the Registrar General of Births, Deaths and Marriages, or both. The service is designed to protect the privacy of personal information. CONSISTENCY WITH SECTION 19(1) OF THE BILL OF RIGHTS ACT 5. We have considered the potential impact of the Bill on the transgender community. This community encompasses a diverse range of people...

10. BORA Legal Services Amendment Bill [pdf, 286 KB]

    ...are not New Zealand citizens or permanent residents for the purpose of immigration proceedings, whether the applicant is present in New Zealand or not. 8. We note that there is an issue as to whether the BORA applies extra-territorially to provide protection to persons not present in New Zealand. However, it is unnecessary to reach a conclusion on that issue as we consider that even if this limitation on the availability of legal aid were prima facie discriminatory under s 19 of the BORA...