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1. BOAC v Auckland Council [2011] NZWHT Auckland 50-57 [pdf, 357 KB]

   ...similar design and configuration. [35] It is generally understood that the standards by which the conduct of a Council should be measured are set out in Askin v Knox10 where the Court concluded that a Council officer‟s conduct would be judged against the knowledge and practice at the time the negligent act or omission was said have to take place. It was reinforced by Stevens J in Hartley v Balemi.11 [36] In determining whether the Council has failed to meet the stand...

2. Pinnock & Ors as Trustees of the Pinnock Trust v Auckland City Council [2011] NZWHT Auckland 28 [pdf, 373 KB]

   ...work reasonably clearly identified. In Hamlin the house had minor defects since construction in 1972. It was not until 1989 that an engineer‟s report was commissioned which concluded the foundations were faulty and needed to be replaced. The Judge found that whilst cracks and minor defects had appeared over the years a reasonably prudent homeowner would not have suspected the foundations, or discovered the cause of the trouble until 1989. It was that decision that was ultima...

3. Māori Appellate Court judgments subject index [pdf, 330 KB]

   ...discussion and support, facilitation os use and occupation of land CJ Williams, J Savage, J Milroy 07.03.2006 Hanford v Māori Trustee - Ohiro 19 & 21 Block 10 (Polhill Gully) 15 Whanganui Appellate Court MB 218-227, 2006 Chief Judges MB 24 15 WGAP 218-227, 2006 CJ 24 Te Ture Whenua Maori Act section 58, 17, 310, 312 Re order of exchange (land swapped for other land) CJ Williams, J Spencer, J Milroy, DCJ Isaac 16.02.2006 Phillips v Ashby - Oromahoe 17B2...

4. [2020] NZEnvC 155 Wilkins Farming Co Ltd v Southland Regional Council.pdf [pdf, 6.9 MB]

   ...BETWEEN AND Decision No. [2020] NZEnvC 155 of the Resource Management Act 1991 of an appeal under section 120 of the Act WILKINS FARMING CO LIMITED (ENV-2018-AKL-380) Appellant SOUTHLAND REGIONAL COUNCIL Respondent Court: Environment Judge J E Borthwick Environment Commissioner M C G Mabin Environment Commissioner A P Gysberts Hearing: at lnvercargill on 10 February 2020 and at Christchurch on 16 and 17 July 2020 Appearances: B S Carruthers for the appellant P A C Ma...

5. Restorative Justice Victim Satisfaction Survey Report 2018 [pdf, 1.4 MB]

   ...process. It involves a facilitated meeting (a conference) between the victim, offender, support people and other approved people, such as community representatives or interpreters. After the conference, the facilitator provides a report to the judge on the conference and any agreements made for the judge to consider during sentencing. Although restorative justice processes can operate in a variety of ways in the criminal justice system, the two most common in New Zealand are...

6. Taylor v Corrections (No. 2) [2018] NZHRRT 43 [pdf, 323 KB]

   ...Evidence must be excluded if its probative value is outweighed by the risk the evidence will have an unfairly prejudicial effect on or needlessly prolong the proceeding. See s 8 of the Evidence Act: 8 General exclusion (1) In any proceeding, the Judge must exclude evidence if its probative value is outweighed by the risk that the evidence will— 5 (a) have an unfairly prejudicial effect on the proceeding; or (b) needlessly prolong the proceeding. (2) In determining whethe...

7. [2018] NZEnvC 237 View West Limited v Auckland Council [pdf, 2 MB]

   ...BETWEEN AND Decision No. [2018] NZEnvC 237 of the Resource Management Act 1991 (the Act) of an appeal pursuant to s 120 of the Act VIEW WEST LIMITED Appellant (ENV-2017-AKL-0001S1) AUCKLAND COUNCIL Respondent Court: Environment Judge J A Smith Environment Commissioner ACE Leijnen Environment Commissioner W R Howie K G Stevenson (Special Advisor) Hearing: at Auckland 26-30 November and 6 December 2018 Counsel: B J Tree and P G Senior for View West Limited (View West)...

8. [2021] NZEnvC 175 Shaw v Hamilton City Council [pdf, 2.5 MB]

   ...IN THE MATTER of objections under Section 23 of the Public Works Act 1981 BETWEEN MURRAY NELSON SHAW AND MARGARET EVELYN SHAW (ENV-2019-AKL-000316) Objectors AND HAMILTON CITY COUNCIL Respondent Court: Environment Judge M J L Dickey Commissioner J A Hodges Commissioner R M Bartlett Hearing: at Hamilton on 24 May 2021 with a site visit on 25 July 2021 Appearances: Mr M Shaw, Ms R Rapana and Mr R Rapana for the Objectors Mr L Muldowney and M...

9. [2022] NZEnvC 169 NZ King Salmon v Marlborough District Council [pdf, 624 KB]

   ...of the Resource Management Act 1991 AND an application for declarations under s311 of the Act BETWEEN THE NEW ZEALAND KING SALMON CO. LIMITED (ENV-2021-CHC-74) Applicant AND MARLBOROUGH DISTRICT COUNCIL Respondent Court: Environment Judge J J M Hassan Sitting alone under s309 of the Act Hearing: In Chambers at Christchurch Appearances: Q A M Davies and J S Marshall for The New Zealand King Salmon Co. Limited M J Radich and S A Wadworth for Marlborough District...

10. [2022] NZEnvC 060 Eden-Epsom Residential Protection Society Inc v Auckland Council [pdf, 1.2 MB]

    ...Appellant AND AUCKLAND COUNCIL Respondent AND SOUTHERN CROSS HOSPITALS LIMITED Requestor AND KAINGA ORA – HOMES AND COMMUNITIES s274 Party AND TUPUNA MAUNGA O TAMAKI MAKAURAU AUTHORITY s274 Party Court: Alternate Environment Judge L J Newhook Environment Commissioner R M Bartlett Environment Commissioner J Baines Hearing: 9, 10, 11 June 2021, written submissions filed 25 June 2021 Last event: Advice to parties as to general outcome, 17 December 2021 Appearanc...