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1. Appleton v Krissansen - Whangamata 4D 1C 1B (2019) 176 Waikato Maniapoto MB 115 (176 WMN 115) [pdf, 272 KB]

   ...clearly prevented succession by the spouse where the spouse had re-married. This should never have been part of the application and was in fact withdrawn one week before the hearing; (b) There was clear evidence to show that the applicant was responsible for the construction of the dwelling and the subsequent occupation orders. There was no evidence to suggest that there may have been a family arrangement or a legally enforceable agreement between the applicant and the responde...

2. Decision tree poster - guide to information sharing information under Family Violence Act [pdf, 540 KB]

   ...and not a fact. More information on the accuracy of information can be found in Principle 6 of the Guidance. You should record your decision to share the information Keeping records of requests for information, including details of the request, your response to the request, and whether or not you obtained consent to share, is good practice. You should also make sure you record situations where you decided not to share. If you are asked questions about the situation in the future, good recor...

3. Hennessy v Attorney-General [2019] NZHRRT 4 [pdf, 170 KB]

   ...105(1) of the Human Rights Act 1993. It is not without significance the declaration in respect of s 198 of the Social Security Act 2018 is requested without opposition from the Attorney-General and from the Minister of Social Development with whom the responsibility of bringing the declaration to the attention of the House under s 92K of the Human Rights Act 1993 will lie. 4 The form of the declaration under s 92J(2) of the Human Rights Act 1993 sought by the parties [20] Th...

4. Legal-Services-Waikato-AODT-Court.pdf [pdf, 298 KB]

   ...fee schedules set out payment, reimbursement and administrative procedures. Current arrangements will continue to apply. 4.3 Training Resources being developed will include information on the AODT Court, eligibility criteria, roles and responsibilities of AODT Court team members and operational processes including tikanga. Guidelines for preliminary AOD screening referrals to the Court’s AOD Clinician are also being developed. The resources are expected to be available b...

5. GH v KM LCRO 185/2016 (13 September 2016) [pdf, 32 KB]

   ...easily bandied about, but bears no resemblance whatsoever to what Ms KM was engaged in doing for her client. [25] There is no evidence of any contravention of rule 12. Nor is there evidence of any other conduct by Ms KM that warrants a disciplinary response. [26] In the circumstances, the Committee’s decision is confirmed pursuant to s 211(1)(a) of the Act. DATED this 13th day of September 2016 _____________________ D Thresher Legal Complaints Review Officer...

6. [2017] NZEnvC 065 Auckland Council v Waiwera Heights Country Club Limited [pdf, 186 KB]

   ...weather dependant and therefore agrees to allowing to 31 May 2017 for these to be completed. I consider this generous given the delays to date. [20] In relation to the glacial progress in resolving the balance of the ERP both parties bear some responsibility. The connection with future development has unnecessarily complicated the remediation of the site. However a full ERP is now a prospect and I prefer to allow an extension to 30 June 2017 for its submission. The key reason is the...

7. [2018] NZEnvC 195 Sustainable Otakiri Incorporated v Bay of Plenty Regional Council [pdf, 174 KB]

   ...person who is not directly involved in the proceeding, but the ultimate outcome can rarely be predicted until a full substantive hearing has been held and a final decision made. [12] In this case, having now heard Creswell's application and the response from Sustainable Otakiri, I consider that the issues relating to whether the appeal by Sustainable Otakiri should be struck out or whether there should be any order for security for costs include evidence concerning the private...

8. [2019] NZEnvC 117 Orakei Point Trustee Ltd v Auckland Council [pdf, 1.8 MB]

   ...[4] On 12 March 2019 that resolution was communicated to OPT by way of an email from Bruce Young (a Council officer) to John Duthie (the planning consultant for OPT) by attaching the Planning Committee's Minutes. [5] On 21 March 2019, in response to a formal request for a copy of the Council's decision, the Council's solicitor attached a copy of Mr Young's email of 12 March 2019, noting that: The attached Minutes of the Planning Committee meeting record the Coun...

9. Pukekohe Vegetable Growers Association v Waikato Regional Council [pdf, 193 KB]

   ...every grower must be certified by, to supply supermarkets, markets and processors. This certification verifies that growers meet specific criteria and demonstrate their commitment and ability to grow fresh produce in accordance with sustainable and responsible practises. NZ-GAP has developed an Environment Management System (EMS) that sits alongside the existing NZ-GAP audit, providing a framework for growers to identify, manage and achieve their environmental obligations in the con...

10. [2021] NZEnvC 068 Eden Epsom Residential Protection Society Incorporated v Auckland Council [pdf, 482 KB]

    ...Peake (Urban Designer, engaged by Auckland Council) (g) Noel Luzzi (Built Heritage Specialist, engaged by Auckland Council) Counsel for the appellant society offered submissions m support of the 3 application, citing several authmities. (5] Responsibly, counsel for the appellant accepted that the statutory framework for the proposed plan change is different to the framework applying to a non­ complying resource consent proposal. They submitted however that there is a commonal...