Search Results

1. [2021] NZEnvC 003 Reid v Bay of Plenty Regional Council [pdf, 1024 KB]

   ...conclude on the basis of wind direction that there had been a breach of the resource consent. He concluded: Overall Mr Reid presents a generic approach to what is, on a site basis, a complex interplay of a number of related natural drivers and human activities and hence has limited value to determining if the AAQS will be breached.39 37 Counsel for the Council legal submissions, paragraph 21.9. 38 Counsel for the Second Respondent legal submissions, paragraphs 30 and 31. 39 Evide...

2. [2020] NZIACDT 41 - TBE v Proudman (30 September 2020) [pdf, 243 KB]

   ...recognition of her errors, reduced fees were discussed. [36] Mr Logan acknowledged that the daughter was not eligible for a dependent child visa. Ms Proudman inadvertently misinterpreted the “dependent child” definition. This was a simple human error. It was out of character. She had a consistent record of positive results for her clients. It came about during a particularly busy period due to 7 staff shortages. She was very remorseful and had put in place processes t...

3. [2021] NZREADT 54 – Complaints Assessment Committee 2106 v Mathers (6 December 2021) [pdf, 257 KB]

   ...in a manner that facilitated the resolution of the issues that were the subject of the proceedings. ... [12] In Commissioner of Police v Andrews, the High Court was concerned with the almost identical costs provision for proceedings before the Human Rights Review Tribunal (the HRRT).1 The HRRT had declined to award costs in favour of the Commissioner of Police against the unsuccessful claimant. It had rejected the traditional civil litigation approach of ‘costs follow the event...

4. Rhodes v Accident Compensation Corporation (Personal Injury) [2022] NZACC 194 [pdf, 218 KB]

   ...section 20(2)(e) to (h)). Section 25(1)(a)(i) provides that “accident” means a specific event or a series of events, other than a gradual process, that involves the application of a force (including gravity), or resistance, external to the human body. Section 25(3) notes that the fact that a person has suffered a personal injury is not of itself to be construed as an indication or presumption that it was caused by an accident. [31] In Milne,2 the appellant claimed cover for a l...

5. [2021] NZEmpC 112 Wanaka Pharmacy Ltd v McKay [pdf, 290 KB]

   ...issue were really holidays. Did Ms McKay work while on holiday? [25] Ms McKay says she was a full-time salaried employee who worked well over 40 to 50 hours per week. She undertook a wide range of roles and responsibilities including: (a) human resources/recruiter (Wanaka Sun and Wanaka Pharmacy); (b) payroll (Wanaka Sun and Wanaka Pharmacy); (c) social media manager (Wanaka Sun and Wanaka Pharmacy); (d) rostering Staff (Wanaka Pharmacy); (e) website editor (Wanaka Su...

6. [2021] NZIACDT 22 – TC v Registrar of Immigration Advisers (3 September 2021) [pdf, 141 KB]

   ...that advisers should have the humility to accept when things go wrong and to learn from that. Instead, the adviser wrote to say he “enjoyed” our case and never once offered an apology. The appeal is not about technicalities, but about how humans treat each other. [75] The adviser has shown negligence and incompetence, as defined in the Cambridge dictionary, though the accusation is not that he is generally negligent or incompetent. He was wholly responsible for them being u...

7. Decisions-about-special-patient-leave-and-change-of-legal-status.pdf [pdf, 6.1 MB]

   ...Cabinet approved the Government response to He Ara Oranga: Report of the Government Inquiry into Mental Health and Addiction (He Ara Oranga) [CAB-19-MIN- 0182]. This included the repeal and replacement of the Mental Health Act 'so that it reflects a human rights-based approach, promotes supported decision-making, aligns with the recovery and wellbeing model of mental health, and provides measures to minimise compulsory or coercive treatment'. Context Special patients enter com...

8. 2023-10-16-Memorandum-of-Counsel-general-matters-prior-to-hearing.pdf [pdf, 260 KB]

   ...acronyms and terms (Biodiversity Offsets Accounting Model) Biodiversity offsets accounting system - user guide (doc.govt.nz) Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011 Designation and resource consent conditions abbreviations, acronyms and terms (Contaminated land) Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil...

9. LCRO 30/2023 YO obo TM v EB (13 May 2025) [pdf, 218 KB]

   ...consequences, of decisions in respect of matters relating to his or her personal care and welfare; and (b) to communicate decisions in respect of those matters. [59] This statement of presumption reflects the wider presumptions to be found in the Human Rights Act 1993, and international conventions such as the Convention on the Rights of Persons with Disabilities. [60] If a lawyer makes a presumption that a client lacks capacity merely because the person is elderly, it will offen...

10. [2023] NZEnvC 270 Port of Tauranga Limited [pdf, 3.3 MB]

    .................................................... 125 6.13 Effects of construction and operations on other harbour users .......................... 131 6.14 Effects arising from the release and spread of harmful aquatic organisms .... 132 6.15 Effects on the mauri of air and human health ............................................................... 133 6.16 Effects on birds ...................................................................................................................