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1. Hart v Auckland Standards Committee 1 of the New Zealand Law Society CIV 2012 404 5076 5528 [pdf, 515 KB]

   ...adjourn/proceed in the appellant’s absence [13] Relevant principles [23] Analysis [28] Second ground of appeal – was the Tribunal entitled to consider the third charge? [69] Statutory framework [73] The reasoning in Orlov [92] Analysis [101] Third and fourth grounds of appeal – did the Tribunal err by failing to call witnesses who had provided evidence in support of Mr Hart? [111] Fifth ground of appeal – fees charged to Mr A and his family [131] Background...

2. [2021] NZEnvC 131 Wilson v Waikato Regional Council [pdf, 1.4 MB]

   ...‘visual amenity’ to ‘amenity values’ ................................................................. 100 Findings on the evidence .............................................................................................................. 101 Conclusion ............................................................................................................................................ 107 Marine mammals and habitats..........................................................

3. [2021] NZEnvC 133 Woolworths New Zealand Limited [pdf, 1 MB]

   ...[100] For Woolworths, Ms Hampson (economist) had considered that shoppers would likely establish a “mental map” of the centre through repeat shopping trips and would become familiar with the connection to and through the entire centre.31 [101] Mr Roberts assessed the effects of the alignment of the Green Corridor with reference to the relevant objectives and policies of the district plan.32 He referred to the district plan’s outcomes for the KAC as including (relevantly): (...

4. Conviction & sentencing of offenders in New Zealand 1996 to 2005 [pdf, 844 KB]

   ...against the administration of justice 87 3.9 Sentencing for offences against good order 92 8 3.10 Sentencing for traffic offences 95 3.11 Sentencing for miscellaneous offences 99 3.12 Sentences imposed in each court in 2005 for all offences 101 3.13 Gender, age, and ethnicity of offenders 104 4 Custodial sentences and remands 109 4.1 Introduction 109 4.2 Types of offences resulting in custodial sentences 111 4.3 Custodial sentence lengths imposed 113 4.4 Non-parole periods im...

5. [2019] NZEnvC 059 Bunnings Limited v Queenstown Lakes District Council [pdf, 2.6 MB]

   ...those for the site's subzone (Activity Area E1): Objective 10 Activity Area E1 (Industrial) An area for industrial and service activities, which has a standard of amenity that is appropriate to the function of the Activity Area. Policies 10.1 To enable a wide variety of industrial activities and service activities ranging from lighter industrial activities through to those of a yard based nature. 10.2 To ensure that any office space is ancillary to the use of the site for i...

6. The Registrar of Immigration Advisers v Niland [2018] NZIACDT 52 (21 December 2018) [pdf, 262 KB]

   ...3 Immigration Advisers Licensing Act 2007, s 45(2) & (3). 4 Section 49(3) & (4). 5 Section 50. 6 Section 51(1). 7 Section 53(1). 8 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [101]–[102] & [112]. 12 ASSESSMENT [68] It is useful to group together overlapping heads of complaint, the first grouping being: (1) Failed to hold discussions with the clients beyond the initial assessment which did not include

7. Body Corporate 85978 and Unit Owners of St Pauls Apartments v Wellington City Council & Ors [2013] NZWHT Auckland 9 [pdf, 228 KB]

   ...the Tribunal ceases to relate to the following units as those units do not fit within the definition of dwelling house as defined in s 8 of the Act: Units 13, 16, 17, 19, 49, 50, 52, 61, 67, 68, 72, 76, 82, 85, 90, 91, 92, 96, 99, 100 and 101. [95] The claim ceases to relate to the following units as they are limitation barred. The owners of these units did not apply to join the claim until more than ten years after any act or omission on which the claim could possibly b...

8. ENVC Hearing 6Oct14 DM expert Bridget Gilbert [pdf, 208 KB]

   ...relationship contributions; and, (c) the perceptual aspects. 16. Such an approach to describing the landscape is widely accepted by the landscape profession and endorsed in the NZILA Best Practice Note Landscape Assessment and Sustainable Management 10.1 2010. 17. I have attached a full list of the sort of matters that may be considered under each component as Appendix A. The list derives from the Upper Clutha Tracks decision 1 (and also the Lammermoor case 2 ) and...

9. ENVC Hearing 6Oct14 WML evidence chief Jon Styles [pdf, 425 KB]

   ...assessment of the predicted noise levels against the ambient background noise levels might be more relevant if the noise source were constant or close to it. For example from some kind of mechanical plant or pump that might operate all night. 101. A highly relevant factor in the assessment of noise effects is how often the noise events occur. If for example, there was only noise for 10 minutes during the day once per month (testing an emergency generator for example) it might be...

10. Hill - Otakanini Māori Reservation (2015) 108 Taitokerau MB 76 (108 TTK 76) [pdf, 423 KB]

    ...the applicant does not seek that Mrs Hohepa-Hapeta should be removed due to occupying the marae. From her evidence Mrs Hohepa-Hapeta also provided services for marae beneficiaries and contributed koha to cover her costs while staying there. [101] While obtaining profit or personal benefit from trust property may constitute sufficient grounds for removal there is insufficient evidence for any such finding to be made in this case. [102] The actual ground on which the applicant seek...