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  1. Recommendations Recap Issue 26 1 January-31 March 2021 [pdf, 984 KB]

    Recommendations Recap A summary of coronial recommendations and comments made between 1 January and 31 March 2021 Office of the Chief Coroner | 2021 (1) i Coroners’ recommendations and comments Coroners perform essential functions within our society. They inquire into a range of unexpected deaths to establish the identity of the person who has died and the cause and circumstances of their death. While inquiring into a deat

  2. New Zealand court-referred restorative justice pilot: 2-year follow-up of reoffending [pdf, 124 KB]

    ...significant differences between sub-groups could only be achieved for very large differences between sub-groups. In the following analyses, all apparently substantial differences have been highlighted, though few reached statistical significance as judged by the standard 95% significance level (i.e. probability value p<0.05). In each table, exact probability values are shown if the difference appeared substantial. Such differences must be interpreted with caution, as large differences can...

  3. [2012] NZEmpC 57 Foai v Air New Zealand Ltd [pdf, 265 KB]

    ...LIMITED Defendant Hearing: 31 October and 1 November 2011, 24 November 2011 (Heard at Wellington) Appearances: Johanne Greally, counsel for the plaintiff Tim Cleary, counsel for the defendant Judgment: 4 April 2012 JUDGMENT OF JUDGE A D FORD Introduction [1] During the course of a 16-month period between July 2007 and November 2008, the defendant (Air New Zealand) overpaid Mr Foai, who was then on its payroll, a total of $70,428.04. The company now seek...

  4. ENVC Hearing 6Oct14 AC evidence chief legal submissions [pdf, 436 KB]

    ...non-complying reclamation element could fall away and be replaced with a discretionary deck element, with section 88A protecting the discretionary activity status of marina structures. However, I am obliged to draw the Court's attention to Judge Whiting's decision in Mapara Valley Preservation Soc Inc v Taupo District Council, in which the Court held that48: The effect of section 88A(1A) is that the activity classification is frozen to the class it was when the applicat...

  5. Auckland City Council as Assignee v Irwin [pdf, 196 KB]

    ...negligence liability that a claim will be struck out. If the facts require consideration to determine that issue, that can only be done at trial. In Drillien & Anor v Tubberty & Ors (Auckland High Court: CIV 2004-404-2873: 15/2/05: Associate Judge Faire) it was found by the Court that there was no factual basis at all on which the first defendant could be found to have any liability to the plaintiffs in respect of construction work carried out by a company in which the f...

  6. Morgan v The Real Estate Agents Authority (CAC 20003) NZREADT 82 [pdf, 331 KB]

    ...IN THE MATTER OF charges laid under s.91 of the Real Estate Agents Act 2008 BETWEEN THE REAL ESTATE AGENTS AUTHORITY (CAC 20003) Prosecutor AND IAN CHARLES MORGAN of Matamata, licensee Defendant MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Mr J Gaukrodger - Member Ms C Sandelin - Member HEARD at AUCKLAND on 13, 14 and 15 May 2014 DATE OF THIS DECISION 17 October 2014 COUNSEL Mr L J Clancy for the prosecution Mr D Chesterman for the defenda...

  7. [2018] NZEnvC 093 Tuwharetoa Maori Trust Board v Waikato Regional Council [pdf, 1.9 MB]

    ...s 120 of the Act TOWHARETOA MAoRI TRUST BOARD (ENV-2016-AKL-000267) Appellant WAIKATO REGIONAL COUNCIL Respondent ROTOKAWA JOINT VENTURE LIMITED Applicant NGATI TAHU - NGATI WHAOA RUNANGA TRUST Section 274 party Environment Judge D Kirkpatrick Environment Commissioner Evon Dadelszen Environment Commissioner J Hodges Hearing: at Taupo on 24 - 27 July 2017 Appearances: L Muldowney and S Thomas for TOwharetoa Maori Trust Board S Plant for Waikato Regional Council...

  8. [2019] NZEnvC 188 Elly S-Y Pan v Auckland Council [pdf, 3.2 MB]

    ...AND BETWEEN AND Decision [2019] NZEnvC Ii~ of the Resource Management Act 1991 of an appeal under Clause 14 of the First Schedule to the Act ELLY S-Y PAN (ENV-2018-AKL-000162) Appellant AUCKLAND COUNCIL Respondent Environment Judge D A Kirkpatrick sitting alone under s 279 of the Act Date of Decision: 2. I N ove,IN\ lce.J 20 l C( Date Issued: .:).. \ N o"e""' 6-er- 'l.-0 \ q DETERMINATION [A] Under s 279(1 )(b) of the Resource Management...

  9. [2021] NZEnvC 103 Wyuna Preserve Residents Association Incorporated v Queenstown Lakes District Council [pdf, 19 MB]

    ...BETWEEN WYUNA PRESERVE RESIDENTS ASSOCIATION INCORPORATED AND Court: Hearing: Appearances: Last case event: Date of Decision: of Issue: (ENV-2018-CHC-143) Appellant QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Environment Judge J J M Hassan Environment Commissioner J T Baines Environment Commissioner S Myers at Queenstown on 10 and 11 February 2021 B Matheson for the appellant A H Balme and K Dickson for the respondent J E Macdonald for Skydive Queenstown Lim...

  10. [2023] NZEnvC 007 Ravenswood Developments Limited v Waimakariri Distrrict Council [pdf, 1.1 MB]

    ...an appeal under Clause 29 of Schedule 1 of the Act on Private Plan Change 30 to the Waimakariri District Plan BETWEEN RAVENSWOOD DEVELOPMENTS LIMITED (ENV-2022-CHC-001) Appellant AND WAIMAKARIRI DISTRICT COUNCIL Respondent Environment Judge J E Borthwick – sitting alone under s 279 of the Act In Chambers at Christchurch Date of Consent Order: 24 January 2023 _______________________________________________________________ CONSENT ORDER ________________________________...