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...Council, in tort 170 • The relevant legal principles 171 • Three Meade Street 176 CLAIM NO.00734 – HENG INTERIM DETERMINATION.doc 6 • Discussion 178 • The alleged breaches of the duty by the Council 181 • The building consent 182 • Change in cladding system 182 • Inspections and notices to rectify 189 • Did the Council breach the duty of care? 189 • Summary of the sixth respondent’s liability 192 The Liability of the seventh r...
...as a director of the nominee company. [3] One of the submissions made by Mr Z was that the Standards Committee determination was affected by bias on the part of the convenor of the Committee. Mr A responded to that and also provided a written statement from the convenor. Further material was put forward by Mr Z at the hearing. As requested, Mr Z has provided a written summary of this material which was then forwarded to Mr A who responded on 17 April 2014. Mr Z provided a supple...
...Decision: 16 February 2022 Date of Issue: 16 February 2022 _________________________________________________________________ DECISION OF THE ENVIRONMENT COURT _________________________________________________________________ A: The appeal against consent is refused. B: The applicant is to prepare the final wording of the consent and conditions in accordance with this decision and circulate those to the parties within 2 20 working days. C: If the wording cannot be agree...
...view that they never had a voice in the formation of the trust because their father passed away before the trust was formed. The applicants were convinced that they had not been involved in discussions about the formation of the trust and had not consented to it. When I perused the application file for the constitution of the trust, the applicants’ written consents were included in the application. I put this to the applicants who seemed taken aback by that information. I also n...
...______________________________________________________________ INTERIM DECISION OF THE ENVIRONMENT COURT ______________________________________________________________ A: On the matters addressed in this decision, nothing in the RMA precludes capacity to consent the Proposal. B: Directions are made concerning remaining matters as to biosecurity. C: Costs are reserved, and a timetable will be set in due course if required. TABLE OF CONTENTS Introduction ..........................
...Health Board [2018] NZERA Christchurch 54. [4] Pursuant to s 183(2) of the Employment Relations Act 2000 (the Act), and by consent, the determinations of the Authority are set aside. [5] The parties agreed at the JSC that the following statement should now be recorded in this consent judgment: The genesis of the issues [before the Court] came from a Record of Settlement between the parties dated 22 April 2013. Dr Chen was subsequently disparaged by a nurse employed by th...
...that she had told Ms H after a failed Settlement Conference in June 2007 that she would not be continuing with the litigation with Ms H on legal aid and that she would be charging her privately for the work which she was doing. If Ms Sisson’s statement to the Standards Committee was correct then in breach of Rule 8.01 of the then Rules of Professional Conduct for Barristers and Solicitors, Ms Sisson misled the High Court in submitting to the High Court in December 2007 in suppo...
...subdivision, as being in excess of $105,634.18. [22] Issues arose between Mrs AH and AI over the costs of the subdivision which at the time of the complaint had not been resolved. [23] In concluding her complaint, Ms MH makes the final general statement: We would like to point out that this complaint is not about what would of [sic]/or could have been using hindsight, as we clearly raised the issue and sought legal advice in the very beginning before the property was put on the market...
...of quantifying the benefits and costs, and the comparison of the risk of acting with not acting when information is insufficient or uncertain (does this require a precautionary approach?)12 [7] Finally, when considering applications for resource consents,13 consent authorities are required14 to have regard to any actual and potential effects on the environment of allowing the activity. [8] This emphasis on effects means that the traditional tripartite model for legal decisions is...
...adjacent to the intersection of the arterial route (Man Street) with Brecon Street, on which public realm upgrades are to occur. [19] The reply notes that the Arterial Road project was listed in Schedule 2 of the Covid-19 Recovery (Fast-track Consenting) Act 2020 (the Fast-track Act); noting that a designation was obtained along with associated resource consents pursuant to the Fast-track process. [20] The reply further states: 7 The Council has considered alternatives both...