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1. [2017] NZEnvC 211 Russell Roads Ltd v Hastings District Council [pdf, 599 KB]

   ...Kereru Road property since about 1991. 3 It is being undertaken (inter alia) for river control and flood protection purposes on land owned by Hawke's Bay Regional Council and held by it for those purposes. The activities have accordingly formed part of the environment for a long period of time and might reasonably be expected from a site used for these purposes. [9] The second matter which I am obliged to consider is whether it is unreasonable for RRL to comply with the aba...

2. DN v VM [2016] NZDT 971 (19 October 2016) [pdf, 21 KB]

   ...bolted down garden shed or spa pool, attached mantelpiece or bookshelves. Chattels are things that can be more easily removed and are not necessarily attached to the land. The vendor is able to take chattels with them, so long as they do not form part of the chattels in the sale. [9] What is a chattel or a fixture often depends on the circumstances. In considering what is a fixture or a chattel it is necessary to consider [10] The degree of annexation/ connection to the property,...

3. LCRO 159/2016 LH v OE and UB [pdf, 239 KB]

   ...(a) The matter is to be referred to a different Standards Committee to consider. The reason for this is that it would have been preferable for Ms DM to have recused herself from membership of the Committee as she had acted briefly for Mr LH’s former wife with whom he was in dispute. 3 (b) The Committee is to commission a report from a costs assessor experienced in the type of work undertaken by the lawyers. The directions to the costs assessor are to follow the usual form...

4. BORA Ngāti Haua Claims Settlement Bill [pdf, 284 KB]

   ...consistent with articles 14 and 27 of the International Covenant on Civil and Political Rights which are comparable to sections 20 and 27 (2) of the Bill of Rights Act.[2] Exclusion of Remedy of Compensation - clause 25(3) 8. Clause 25(3) excludes any form of monetary compensation as a remedy for any failure of the Crown to comply 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 a...

5. BORA Accounting Infrastructure Reform Bill [pdf, 214 KB]

   Accounting Infrastructure Reform Bill 4 November 2013 Attorney-General Legal Advice Consistency with the New Zealand Bill of Rights Act 1990: Accounting Infrastructure Reform Bill 1.We have considered whether the Accounting Infrastructure Reform Bill (PCO 17563/3.3) (‘the Bill’) is consistent with the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990 (‘the Bill of Rights Act’). We understand that the Bill will be considered by the Cabinet Legislatio...

6. BORA Hawke’s Bay Regional Planning Committee Bill [pdf, 270 KB]

   ...comparable circumstances. In the context of settlements to address specified historical claims no other person could be said to be in comparable circumstances to the iwi and hapū concerned. 5. Clause 14(6) of the Bill adds two grounds for withholding information to those provided in the Local Government Official Information and Meetings Act 1987. They are: 5.1 Proposed s 7(2)(k) Local Government Official Information and Meetings Act - to “avoid serious offence to tikanga of any iw...

7. [2017] NZEnvC 195 Duke v Auckland Council [pdf, 110 KB]

   ...the two experts for the parties, or whether the matter ought to be set down for hearing. [12] To enable the two acoustic experts to meet and consider the issue, the parties agree that further time is required. A further reporting date has been requested In respect of whether the matter is capable of being mediated, or is to be set down for hearing by 15 December 2017. [13] The further reporting date of 15 December 2017 is granted . C J Thompson Environment Judge .....

8. [2016] NZSSAA 63 (30 June 2016) [pdf, 62 KB]

   ...The Benefits Review Committee upheld the decision of the Chief Executive. The appellant then appealed to this Authority. [5] The appellant’s husband made a number of submissions to the effect that the Ministry had failed in its duty to inform the appellant that if she did not apply for New Zealand Superannuation on or before her birthday, payment to her could not be backdated. Decision [6] The Authority did not receive a personal account from the appellant about the reason...

9. BO v YL [2015] NZDT 773 (13 April 2015) [pdf, 16 KB]

   ...product. [9] It is of note BB asked BO to provide him with further evidence - two boards (once removed) - to assist him to identify the proximate cause and determine whether the claim can be accepted or declined. I take from this request that BB could not conclude there had been a product failure on the evidence available to him and his report provided interim findings that were subject to further investigation. [10] AA stated that had the product failed he would have...

10. [2016] NZSSAA 044 (13 April 2016) [pdf, 20 KB]

    ...Support to meet the cost. [6] The appellant alleges that he made contact with the Ministry on 21 May 2015 to seek the assistance sought. [7] The Ministry says it has no record of any application prior to 25 May. It accepts that it received information which was treated as an application for assistance on 25 May 2015 both from a law firm in Nelson and from the Prisoner’s Aid and Rehabilitation Society (PARS) in Blenheim. An Accommodation Supplement application form was completed...