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1. EH v KN Ltd [2024] NZDT 753 (21 November 2024) [pdf, 120 KB]

   ...fitted to the rear by law and therefore the respondent breached the law by fitting the trye as it did. I can find no such law. The Land Transport Rule Tyres and Wheels 2001 provides that space saver tryers may be fitted to a motor vehicle to replace a disabled tyre, and the vehicle may be operated using the spare tyre, but only in an emergency, and then only if the speed of the vehicle is substantially reduced in dry road conditions and to a greater extent in wet road conditions; and that t...

2. BORA Customs and Excise Bill [pdf, 231 KB]

   ...communication devices prior to entering, and once they have left, a Customs place or Customs-controlled area, and there are signs to inform them where they may and may not use devices. Further, the measure does not apply to devices used to assist with a disability, such as a hearing aid, a cochlear implant or a prosthetic voice box. 2 Hansen v R [2007] NZSC 7 [123]. 19. We therefore consider that the Bill appears to be consistent wi...

3. Privacy Bill - additional policy decisions [pdf, 304 KB]

   ...protects freedom of expression; however, this is balanced against legitimate privacy interests. Gender Implications 66. I do not expect that the proposals in this paper will have any differential impact on the basis of people’s gender. Disability Perspective 67. The proposals in this paper are not expected to have any differential impact on the basis of people’s disability. Proactive Release 68. I propose to release this Cabinet paper proactively, after the Justice Comm...

4. [2019] NZEnvC170 Cable Bay Wines Limited and Motukaha Investments Limited v Auckland Council [pdf, 7.8 MB]

   ...that the noise limiter might not have been operating at times. Mr Ibbotson stated that if the PA system and loud speaker system for wedding ceremonies are plugged into the appropriate outlets in the wall, there is no way the noise limiter can be disabled by staff.14 There was no disagreement among acoustic experts on this matter, and all noted that for the noise limiter to be disabled, it would have to be unplugged from the wall, which would be obvious. Conditions to explicitly addres...

5. [2019] NZEnvC 207 Archibald v Christchurch City Council [pdf, 1.1 MB]

   ...and consent is also required for this aspect of the proposal. [6] The guest accommodation is to be managed by a property management company. Guests may use the property's pool, grounds and tennis court, but the tennis court lights are to be disabled during this time. All guests would be subject to certain conditions of stay that do not permit the playing of outdoor music between the hours of 9 pm - 8 am. While 12 guests may seem a large number of people to be accommodated, the...

6. [2021] NZACC 190 – Barton v ACC (30 November 2021) [pdf, 225 KB]

   ...able to show were present from at least May, and possibly February 2009. His ability to engage in vocational activity as he had done previously was impacted upon, at this point this becomes a realistic point for considering that impairment and disability were present. [39] On 29 September 2020, Dr Mark Davis, Psychiatrist, provided a paper-based review for the Corporation, and reported: Dr Newburn’s retrospective analysis and opinion that there were cognitive difficulties and...

7. Appendices (Abortion Supervisory Committee) [pdf, 2.8 MB]

   ...the person who is for the time being in charge of the institution, whether or not that person was in charge of it when the licence was issued: hospital means a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001 Hospital Board: Definition repealed. institution means any hospital, clinic, or other premises in which it is proposed to perform abortions: licence means a licence issued under this Act:...

8. Chittock v ACC [2014] NZACA 4 [pdf, 157 KB]

   BEFORE THE ACCIDENT COMPENSATION APPEAL AUTHORITY AT WELLINGTON [2014] NZACA 4 ACA 01/10 IN THE MATTER of the Accident Compensation Act 1982 AND IN THE MATTER of an appeal pursuant to s.107 of the Act BETWEEN ANDREW CHITTOCK Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 16 October 2013 at Christchurch Authority: Robyn Bedford Counsel: Mr Wakefield, advocate for appellant; Mr Hunt & Ms Keir, counsel for respond

9. ENVC Hearing 27Jul15 AC suppl evidence Sam Shumane [pdf, 135 KB]

   ...conditions, and should be reinstated. (d) Condition 46: This condition should be expanded to include the following additional text (as contained in WML's land use conditions dated 17 September 2014): … Two spaces are to be reserved for disabled persons. One space is to be reserved for the coastguard and one space is to be reserved for the marina manager. These changes reflect the layout shown on Figure 143. Given the inability of trucks to make a full onsite tu...

10. Legal aid criminal procedure simplication project - proceeding steps [pdf, 256 KB]

    ...administrative appearances Indictably laid charges Trial by Jury elected Defendant Self-Represented Non-police Prosecutions, with the exception of IRD prosecutions in Manukau Criminal Procedure (Mentally Impaired Persons) Act Intellectual Disability (Compulsory Care and Rehabilitation) Act For these cases, please refer to the appropriate Legal Aid Criminal Proceedings Steps Summary Jurisdiction February 2010 Step 1: Guilty Pleas (including sentencing) during admin...