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1. Litchfield and Anor v The Country Cottage Co Limited [2011] NZWHT Auckland 33 [pdf, 103 KB]

   ...convened in order to call evidence to determine when construction work was done and whether the claim against Mr Melvin and Mr Tunnicliffe is limitation barred. In advance of that hearing Mr Tunnicliffe, Mr Melvin and Ms Litchfield filed witness statements. Mr Melvin and Mr Tunnicliffe attended the hearing so that they could be questioned on their statements and cross-examined in relation to any disputed facts. Despite Ms Macleod, the claimants’ representative, advising that...

2. Carroll - Himatangi 7 Block (2017) 369 Aotea MB 107 (369 AOT 107) [pdf, 283 KB]

   ...appointment of that individual or body would be broadly acceptable to the beneficiaries. (3) The court shall not appoint any individual or body to be a trustee of any trust constituted under this Part unless it is satisfied that the proposed appointee consents to the appointment. [32] In Clarke v Karaitiana the Court of Appeal stated: 13 [51] The touchstone is s 222(2) itself. In appointing a trustee, the Court is obliged to have regard to the ability, experience and knowledge...

3. Nelson Standards Committee v Grey [2023] NZLCDT 33 (4 August 2023) [pdf, 271 KB]

   ...should not have fewer rights to free speech than the average citizen, but they do have greater responsibilities in how they exercise them. [3] This decision considers whether a lawyer, Ms Sue Grey, was acting in her capacity as a lawyer in making statements, or as a private citizen who is also a politician. [4] It then evaluates whether her proven or acknowledged statements were such as to demand a professional disciplinary response, in a free and democratic society which reli...

4. [2023] NZREADT 11 - CAC 2103 v Lieven (15 May 2023) [pdf, 263 KB]

   ...of the public is entitled to expect from a reasonably competent licensee; and/or (ii) contravenes r 5.2 of the Rules; and/or (iii) contravenes r 9.1 of the Rules. [28] Ms Lieven is defending the charges. THE EVIDENCE [29] Ms Lieven filed a statement of evidence dated 3 March 2023. She also gave evidence at the hearing on 31 March 2023. RELEVANT STATUTORY PROVISIONS [30] Section 3 of the Act provides: 3 Purpose of Act (1) The purpose of this Act is to promote and protect t...

5. Proactive release – Additional name suppression proposals for the Victims of Sexual Violence (Strengthening Legal Protections) Legislation Bill [pdf, 518 KB]

   ...will need to be a more formal and fulsome process. Legislative Implications 57 Subject to a determination on scope by the Office of the Clerk, the proposals will require Amendment Papers to be drafted, to be added to the Bill. Regulatory Impact Statement 58 A Regulatory Impact Statement (RIS) has been completed relating to the first proposal and is attached - “Changing name suppression settings in sexual violence cases”. The Ministry of Justice’s Regulatory Impact Assessment...

6. [2019] NZEnvC 024 CSF Trustees v Queenstown Lakes District Council [pdf, 1.1 MB]

   ...against a decision of a local authority made under clause 10 of Schedule 1 of the RMA is provided by clause 14 of Schedule 1 of the RMA. Clause 14 provides: 14 Appeats to Environment Court (1) A person who made a submission on a proposed policy statement or plan may appeal to the Environment Court in respect of- (a) a provision included in the proposed policy statement or plan; or (b) a provision that the decision on submissions proposes to include in the policy statement or plan...

7. [2011] NZEmpC 71 Gaut v BP Oil [pdf, 174 KB]

   ...recorded in her notes of the meeting for the commencement of the meeting and for some of the breaks taken during the meeting. It would appear, however, that perhaps another hour passed before Mr Gaut suggested to Ms Popham that she should obtain statements from two other employees who were working at the time, Ms Deanne Hamilton and Ms Lucy Johnson. Both Ms Hamilton and Ms Johnson were called at their home by telephone and asked to come to the service station. Ms Popham then re...

8. Trustpower - EiC - P M Mitchell - Hydrology (5 Feb 2021) [pdf, 3.8 MB]

   ...5-year below average assessment period. (g) Reducing the available take would diminish the value of the investment and would represent an inefficient use of the resource. (h) Any lost generation (GWh) would be difficult to replace in the current consenting environment. (i) The maximum instantaneous rate of take should remain unchanged from the consented maximum instantaneous rate of take. 2 INTRODUCTION Qualifications and experience 4. My name is Paul Michae...

9. E30 First Planning JWS [pdf, 2.7 MB]

   ...Commencement & Duration of Consents .................................................................. 3 Mana Whenua Engagement ...................................................................................... 4 Removal of Structures/Reinstatement ....................................................................... 6 Lapse ........................................................................................................................ 7 Access to the Site................

10. E27 Contamination, Groundwater, Earthworks and Air Discharges JWS [pdf, 3 MB]

    ...Commencement & Duration of Consents .................................................................. 3 Mana Whenua Engagement ...................................................................................... 4 Removal of Structures/Reinstatement ....................................................................... 6 Lapse ........................................................................................................................ 7 Access to the Site................