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1. [2021] NZEnvC 164 Otago Regional Council [pdf, 4 MB]

   ...Murihiku Waihōpai Rūnaka, Te Rūnanga Ōraka Aparima and Te Rūnanga o Awarua Ngā Rūnanga Kāi Tahu ki Otago, Ngāi Tahu ki Murihiku and Te Rūnanga o Ngāi Tahu NOF NPS-FM 2020: National Objectives Framework NPS-FM 2020 National Policy Statement for Freshwater Management 2020 NPS-REG 2011 National Policy Statement for Renewable Electricity Generation 2011 NPS-UD 2020 National Policy Statement on Urban Development 2020 Operative regional plan or RWP Regional Plan: Water fo...

2. Gibbs- Akura 3C1A3 (2015) 41 Takitimu MB 235 (41 TKT 235) [pdf, 227 KB]

   ...owners voted unanimously to sell the land to the Applicant. No comments were made at that meeting which indicated that the land was of any special significance to any of the previous owners or that the land had any special features. A copy of the statement of proceedings of the meeting of assembled owners is attached marked “C”. Therefore the Applicant does not consider retention of the status of Maori Land is necessary to protect any significant features of the land. Objectio...

3. Auckland Standards Committee v Stirling [2010] NZLCDT 4 [pdf, 224 KB]

   ...Court. In C (above) para [40], and in W (above). The relevant passages are from the dictum of Kirby P: “The words used in the statutory test (‘misconduct in a professional respect’) plainly go beyond that negligence which would found a claim against a medical practitioner for damages: Re Anderson (at 575). Departures from elementary and generally accepted standards, of which a medical practitioner could scarcely be heard to say that he or she was ignorant could amount to s...

4. Witehira - Awarua A25 (2008) 128 Whangarei MB 282 (128 WH 282) [pdf, 3.5 MB]

   ...a concern was raised that clause 4.6 obliges the tnlstees to "purchase" the Maori Tmstee's conversion shares. I was told that the tnlstees are endeavouring to acquire those shares without payment. The issue is also the suhject of a claim to the Waitangi Tribunal. I confirmed at the hearing that the clause would be amended to read "acquire" rather than "purchase". [12] There were no other objections or comments in relation to the proposed new Trust...

5. LCRO 341/2013 QE v ML (nee BM) [pdf, 262 KB]

   ...copy was provided to this Office by Ms YO1. The regard afforded to the judgment is discussed in the next section of this decision. The High Court judgment [11] Ms ML issued proceedings out of the High Court against Mr QE and others, her claims arising out of the same set of facts which formed the basis of her complaint against Mr QE. She advised, by email dated 15 August 2014, that she would send the judgment to this Office as soon as it became available. [12] The Review...

6. Government Response to Law Commision Report on New Issues in Legal Parenthood [pdf, 36 KB]

   ...Commission recommendations – birth certificates 39. The Law Commission has recommended that specific information be included, or be able to be included, on birth certificates. In particular, it proposed that: • All birth certificates include a statement indicating that the Births, Deaths and Marriages Register contains other information that may be accessed by the person whose certificate it is;19 and • Parents be able to have an annotation put on birth certificates stating that the c...

7. [2021] NZIACDT 5 - KG v Registrar of Immigration Advisers (22 March 2021) [pdf, 236 KB]

   ...NZQA informed the appellant on 20 November 2018 that his qualifications had been accepted, exempting him from certain examination and work experience criteria needed for full registration as an electrician. Then on 4 January 2019, NZQA issued a statement recognising the appellant’s Swedish electrical qualification as equivalent to a New Zealand level 4 certificate. [18] The appellant informed the adviser on about 7 February 2019 that he had full New Zealand electrical registrat...

8. [2020] NZSAAA 1 (3 February 2020) [pdf, 293 KB]

   ...the appellant abandoned her earlier arguments and advanced a more general case based on her ongoing medical issues and arguing for what she describes as a “compassionate consideration for an extension”. In particular she disputed StudyLink’s statement in its various reports to the Secretary – which are included in the Review report but which are neither referenced nor discussed in the Secretary’s final determination – that her medical circumstances “did not impact her abil...

9. LCRO 179/2019 HL v [Area] Standards Committee (30 April 2020) [pdf, 181 KB]

   ...the role of an officer of the Court when the lawyer becomes a witness. [84] Mr A’s affidavit is not simply used as a vehicle to facilitate the production of the research articles to the Court that HL was wanting the Judge to consider. Where statements are made referencing comments in the articles, the statements are intended to support Mr A’s argument that his positive sample could have been the result of third-party contamination. [85] I agree with the Committee that HL failed...

10. [2022] NZEnvC 233 Wellington Regional Council v Crosbie [pdf, 489 KB]

    ...bound by the easement, not the resource consent and Nikau Lakes has not fulfilled obligations under it 6 NOE at 16. 7 NOE at 8-9. 8 NOE at 10. 9 NOEat9. 10 to repair damage to the easement land;10 • In any case, under the National Policy Statement for Freshwater Management 2020, the wetland is not a natural wetland at all, and so the Council have made an error and have not followed through to see if the wetland was created by the disposal field; 11 • No one actually d...