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1. Pou v May - Estate of Tame Horomona [2018] Chief Judge's MB 634 (2018 CJ 634) [pdf, 334 KB]

   ...So it’s an emotional morning for us. It’s a very emotional morning for Dine in Brisbane not to be here, but we appreciate an error was made and we accept that and gift you back your whenua. But we would also say that we believe we have no responsibility whatsoever beyond caring for the land, that we never made the mistake. In good faith we’ve looked after it and we do not believe we are responsible beyond that. 3 2018 Chief...

2. CAC 416 v Prasad [2019] NZREADT 17 - Penalty [pdf, 202 KB]

   ...[32] While clearly misconduct, we assess Ms Prasad’s conduct in this respect as being at the lower end of the range. [33] In respect of the second charge, the Tribunal is required to consider a licensee’s dishonesty in relation to her response to a complaint and the ensuing investigation. [34] We refer first to the judgment in Morton-Jones. Mr Morton-Jones was found guilty by the Tribunal under s 73(a) of the Act (disgraceful conduct) on three charges brought by a Compla...

3. Reedy v Atkins - Waitangi A1 A1 (2019) 76 Tākitimu MB 54 (76 TKT 54) [pdf, 362 KB]

   ...Godfrey Reedy [9] Mr Reedy confirmed in his application to the Court that he wished to make a gift of his interest in the land to his nephew, Ngarimu Parata, and that he had consulted his immediate whānau who did not object to the gift. [10] In response to a claim made by Mr Tawera, Mr Reedy denied that they had had any prior conversations regarding the land whereby Mr Reedy was alleged to have agreed to give notice to Mr Tawera and the wider whānau as to whether he intended to...

4. MfE - EiC - K S Kohere - Planning Policy (5 Feb 2021) [PDF, 254 KB]

   ...a Bachelor of Planning (2004) and Master of Planning (Hons) degree 2008 from the University of Auckland. I have been employed by MfE since September 2020 and have 20 years’ experience in the planning and policy field. 10. MfE is the Ministry responsible for developing National Direction instruments under the Resource Management Act 1991 (RMA) on behalf of the Minister. 11. In my role at MfE I have oversight of the NPS-FM 2020 and the Resource Management (National Environmental St...

5. Water quality in Otago July 2015 to June 2020 [pdf, 1.1 MB]

   ...high turbidity can reduce light penetration, which can affect photosynthesis. High sediment loading also tends to smother the streambed, which reduces macroinvertebrate and fish-spawning habitat. Introduction The Otago Regional Council (ORC) is responsible for managing Otago’s surface-water resources and carrying out regular and extensive long-term water-quality monitoring, as part of its State of Environment (SoE) programme. This report card documents the results of ORC water-qualit...

6. [2020] NZEnvC 147 Grants Motels Limited v Dunedin City Council [pdf, 599 KB]

   ...recommended that an Independent monitoring and sampllng regime be implemented, ensuring that the operation is being Implemented In a quality manner and that trees are not being missed. During conifer removal operations, the independent monitor will be responsible for: 1. Ensuring the whole of the site has been covered by the contractors; 2. Ensuring the correct technique is being used In application; 3. Ensuring all trees are being affected by the herbicide, ' . ! \, ·1...

7. 2021-06-04 – Hearing Notice – PC7 – Commencing Monday 28 June 2021 [pdf, 273 KB]

   ...any issue with attendance contact the ORC hearing administrators, Glen Cooper or his colleague Rebecca Jackson: • PlanChange@orc.govt.nz; • 027 213 1652. For assistance from the court appointed Friend of Submitter, Jane Whyte: • jane@responseplanning.co.nz; • 03 332 7449; or • 027 259 5030. Dated at Christchurch Environment Court Registry on 4 June 2021 Daliah Imboden Hearing Manager Mainline: (03) 367 6014 E-mail address: ORC@justice.govt.nz E...

8. [2020] NZREADT 04 - Singh - Ruling regarding release of file (20 February 2020) [pdf, 166 KB]

   ...be created that the transaction was conducted through the agency of the Agency, when it was not, and as a further consequence the usual safeguards and checks and balances in conducting a transaction through an agency did not exist. [7] In his Response to Charge, dated 11 May 2018, Mr Singh admitted the above facts, but submitted that his conduct amounted to unsatisfactory conduct, not misconduct. [8] By a joint memorandum of counsel for the Committee and for Mr Singh, dated 21 J...

9. [2020] NZEmpC 69 A Labour Inspector v Jeet Holdings Ltd [pdf, 258 KB]

   ...abuse of employees’ rights. [42] These issues were of no direct relevance to MCF, which understandably focused on its right to realise its security. However, MCF was not well served by the defendants. Such a creditor could normally expect a responsible borrower in a situation such as arose here to provide appropriate information to the Court as to why it was disposing of its assets. Such a borrower could be expected to explain what had happened and would happen to proce...

10. LCRO 150/2016 DN v [Area] Standards Committee (14 November 2018) [pdf, 182 KB]

    ...leverage over his client immeasurably. [12] This is not an issue to be determined with reference to compliance with rules. It is a moral issue. This is reflected in the comments of the author of the section of the text Ethics, Professional Responsibility and the Lawyer when discussing unsatisfactory conduct as defined in s 12(b):3 While unsatisfactory conduct on the basis of conduct unbecoming is likely to be less serious than misconduct, it appears from the cases that an eleme...