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1. CAC20004 v Whisker [2015] NZREADT 61 [pdf, 249 KB]

   ...but put it that, in terms of REAA v Brankin [2013] NZREADT 32, we should, as we did then, rely on the concise Oxford dictionary (11th ed) definition of “disgraceful” as “shockingly unacceptable”. He submits that more than a mere error in judgement or carelessness is required for charges based on s.73 of the Act to be proved. [68] In terms of the factual context of the offending, Mr Bigio referred to the company’s trading position becoming difficult and that its receipt of the...

2. LCRO 40/2023 DG v [Area] Standards Committee [X] (13 March 2024) [pdf, 497 KB]

   ...view on the evidence before her. Nevertheless, as the Guidelines properly recognise, where the review is of the exercise of a discretion, it is appropriate for the Review Officer to exercise some particular caution before substituting his or her own judgment without good reason. 3 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [39]–[41]. 12 [57] More recently, the High Court has described a review by this Office in the following way:4 A review by the LCRO is neither a j...

3. [2024] NZEnvC 198 Middleton Family Trust v Queenstown Lakes District Council [pdf, 984 KB]

   ...the fact that he rates the Lower Terrace as having Low-Moderate (but variable) landscape capacity (as opposed to Ms Gilbert’s Moderate-High rating). His different rating is in essence as a result of his somewhat more conservative evaluative judgment. In view of the fact that the Lower Terrace is at a much lower elevation, with correspondingly less exposure to public viewpoints and is adjacent to an established enclave of Precinct-zoned rural lifestyle dwellings, we prefer Ms G...

4. Tawa v Tuaropaki E Trust - Tuaropaki E [2023] Māori Appellate Court MB 1 (2023 APPEAL 1) [pdf, 241 KB]

   ...255-300 (Heard at Rotorua) Kooti: Court Deputy Chief Judge C L Fox (Presiding) Judge M J Doogan Judge Te K Te A R Williams Kanohi kitea: Appearances J Kahukiwa for Appellant M Mahuika for Respondent Whakataunga: Judgment date 19 January 2023 TE WHAKATAUNGA Ā TE KOOTI Judgment of the Court as to Costs Copies to: J Kahukiwa, jkahukiwa@corbanrevell.co.nz, PO Box 21-180, Waitakere City. M Mahuika and T Paki, matanuku@ka...

5. Maurice Edward Aston Trust [2012] NZWHT Auckland 1 [pdf, 90 KB]

   ...The High Court has consistently held that the built by date is the point at which the house was physically constructed and not the date of the final inspection or the date the CCC issued. The determination of that point is always a matter of judgment based on all the available information. 4 Was the dwelling at 180C Sutherland Road built within the ten years before the claim was filed? [12] In reaching a decision on the “built” date it is helpful to set out a...

6. LN & TN v TT Ltd [2024] NZDT 152 (1 March 2024) [pdf, 206 KB]

   ...purpose the consumer makes known, and of such a nature and quality as to be reasonably expected to achieve that result. However, the guarantees do not apply where the circumstances show that the consumer does not rely on the supplier’s skill or judgement (section 8 & 29). 7. After taking some time to carefully consider all the evidence from both parties before me, I find on the balance of probabilities that the shower tray was installed with reasonable care and skill and fit for...

7. KQ v UN [2023] NZDT 127 (10 May 2023) [pdf, 104 KB]

   ...supplied to a consumer is not of ‘acceptable quality,’ that consumer will be entitled to a remedy. In the absence of a consensual outcome (with the supplier) the nature, and extent, of the remedies awarded will be a matter for the discretion, and judgment, of the presiding judicial body. In this case, the applicant is, without question, entitled to compensation. However, the assessment of that should be reasonable, and proportionate. I consider that, as stated above, a relevant factor...

8. Application for waiver (for refund) or fees for an organisation [pdf, 453 KB]

   ...already taken) File a new proceeding File a document in proceedings Name of case Document type Comply with a direction for setting down fees or determination of a hearing date Comply with a direction for hearing fees Obtain a copy of a judgment Search court records Other Court use only / Refer to proceedings file no. Step 2 Give us your details Who are you filling in this form for? I am authorised to complete this form for Organisation name Give us your de...

9. [2024] NZEnvC 161 Eden Epsom Residential Society Incorporated v Auckland Council [pdf, 7.2 MB]

   Eden Epsom Residential Protection Society Incorporated v Auckland Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TAMAKI MAKAURAU Decision [2024] NZEnvC 161 IN THE MATTER OF an appeal under clause 14(1) of Schedule 1 of the Resource Management Act 1991 against a decision on Private Plan Change 21 to the Auckland Unitary Plan BETWEEN EDEN-EPSOM RESIDENTIAL PROTECTION SOCIETY INCORPORATED (ENV-2020-AKL-079) Appellant AND AUCKLAND COUNCIL Resp

10. Restorative justice: Practice standards for family violence cases 2019 [pdf, 1.5 MB]

    PRACTICE STANDARDS FOR FAMILY VIOLENCE CASES RESTORATIVE JUSTICE He aha te mea nui o tea ao? He tangata, he tangata, he tangata What is the most important thing in the world? It is people, it is people, it is people 3 CONTENTS CONTENTS ................................................................................................................................................... 3 INTRODUCTION .......................