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1. Waikato Bay of Plenty Standards Committee v Giddens [2014] NZLCDT 40 [pdf, 39 KB]

   ...Australia and during a telephone conference various means of ensuring his participation in the hearing were canvassed. In the end the practitioner was directed to file written submissions “to cover the circumstances of the offending and a full statement of his financial and personal circumstances”. Following this a one hour penalty hearing was to be scheduled in February 2014 where, it was suggested that Mr Giddens could appear by video conference. In the event, it transpired...

2. Law v CAC 20004 & Fonteyn Developments Ltd [2014] NZREADT 81 [pdf, 36 KB]

   ...units needed to be informed of this and that such purchasers, allegedly, might somehow assume an obligation for the alleged debt. The letter also stated that legal proceedings were on foot for APL to recover the debt from XYDL and Mr Han. This last statement appears to then be incorrect, given that statutory demand proceedings in the High Court had been disposed of with costs orders against APL in October 2012; that APL had filed a notice of discontinuance in the High Court in respect o...

3. O'Connor v Macdee McLennon Construction Limited [2012] NZWHT Auckland 14 [pdf, 170 KB]

   ...9 APPORTIONMENT AMONG RESPONDENTS [33] The Council seeks a contribution from the other respondents. Although it admitted that it owed a duty of care it said that it was not negligent because the plans were sufficient for the issue of consent; the inspections carried out were to the appropriate standard and none of the defects which caused leaks could have been found by inspection. Damage was caused by variations from the manufacturer’s recommendations, undetectable matt...

4. District Court Rules referencing DCA1947 [pdf, 297 KB]

   ...http://legislation.govt.nz/act/public/1947/0016/latest/DLM244431.html http://www.legislation.govt.nz/act/public/2016/0049/latest/DLM6942601.html 21.7(2) Enforcement of fine Section 114 of "the Act" Section 220 Schedule 1 2 Proceeding not started by notice of claim or where statement of claim or originating application filed under rule 2.7 of 2009 rules Section 46 of "the Act" Section 94 7 Proceeding transferred from High Court Section 46 of &...

5. ENV-2016-CHC-000047 Blueskin Energy Limited v Dunedin City Council - Evidence - Jacinta Ruru [pdf, 955 KB]

   ...community can build and protect resilience in times of environmental and social change. 26. I believe Our Blueskin Turbine proposal accords entirely with legislative and policy intent including the Resource Management Act 1991, the National Policy Statement for Renewable Electricity Generation 2011, and the Dunedin City Second Generation District Plan. ESSENTIALITY OF THE PROJECT 27. BRCT requires a predictable annual revenue to ensure the longevity of BRCT and to enable th...

6. Urban Development Bill Advice [pdf, 131 KB]

   ...recommendation. 6. Once a development plan is approved by the responsible Minister, Kāinga Ora has certain powers including the ability to override, add to, or suspend provisions in the Resource Management Act 1991 (‘RMA’) plans or policy statements that apply to the project area, and act as a consent authority and a requiring authority under the RMA. Consistency of the Bill with the Bill of Rights Act Section 21 – Unreasonable Search and Seizure 7. Section 21 of the Bi...

7. Reuben - Allotments 170-176 Parish of Manurewa [2020] Chief Judge's MB 5 (2020 CJ 5) [pdf, 191 KB]

   ...forfeited as part of Criminal Proceeds order described above. Two of the blocks were forfeited at the time of the hearing before Judge Coxhead and two had been sent by the Court of Appeal to be reconsidered by Hinton J. Regardless, without signed consent from those parties holding encumbrances over the land in question, the application did not meet the requirements of r 11.1 of the Māori Land Court Rules 2011 (the Rules) and was accordingly dismissed. [7] On 18 April 2019, Mr Reube...

8. COVID-19 Justice Sector Survey - Report 2 for the period 21 to 27 April 2020 [pdf, 1.4 MB]

   ...reporting. The survey interviews people who have taken part in the New Zealand Crime and Victims Survey (NZCVS) and have said they are happy to participate in future research. NZCVS is using a random nation-wide sample. The proportion of people who consented to participate in future research is very high (more than 90%). This means that a sample used by COVID-19 Justice Sector Survey may be also considered random. Approximately 370 people are contacted each week resulting in approxim...

9. COVID-19 Justice Sector Survey - Report 2 for the period 21 to 27 April 2020 [pdf, 1.4 MB]

   ...reporting. The survey interviews people who have taken part in the New Zealand Crime and Victims Survey (NZCVS) and have said they are happy to participate in future research. NZCVS is using a random nation-wide sample. The proportion of people who consented to participate in future research is very high (more than 90%). This means that a sample used by COVID-19 Justice Sector Survey may be also considered random. Approximately 370 people are contacted each week resulting in approxim...

10. [2022] NZEnvC 071 Hamilton City Council v Global Metals Solutions Limited [pdf, 162 KB]

    ...presiding judge was not present at the hearing, Commissioner Gysberts, who was present at the substantive hearings on this matter, corroborated these submissions. The noise experts for all the parties met at length and produced a joint witness statement which acknowledged ongoing breaches of the noise rules of the district plan. Moreover, throughout the proceedings, all parties acknowledged an ongoing and persistent breach of the applicable District Plan rules. However, the responde...