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1. Wentzel v Collie [2012] NZWHT Auckland 15 [pdf, 250 KB]

   ...included clause (d). In that case the purchasers discovered after purchasing a house that a CCC had not been issued for it. A Council inspection found that significant repairs including a reclad were required before a CCC could be issued. [101] Mackenzie J held that the responsibility to be satisfied as to the quality of the property purchased including any buildings lies entirely on the buyer and held that clause 6.2.5 was not a warranty as to quality and should not be c...

2. [2021] NZEnvC 009 Goodwin v Wellington City Council [pdf, 2.1 MB]

   ...conditions set a noise limit of 50 dB at the conceptual boundary which the experts consider is appropriate for the protection of 17 The conceptual boundary of the activity – within the Site, 20m from the zipline and platforms – Styles EIC at [10.1]. 17 recreational activities beyond the conceptual boundary; • The conditions require that the zipline be closed down and remedial measures identified and put in place to ensure compliance if the conceptual boundary noise lim...

3. NZCVS-Cycle-5-Impact-of-COVID-How-much-crime-v2 [xlsx, 119 KB]

   ...sexual assault) 232 16.38 236 21.60 # 118 10.42 100 13.68 2.94 0.31 2.42 0.33 5.78 16.38 5.69 21.60 # Fraud and deception 314 8.33 393 10.08 247 6.60 327 9.41 6.16 0.41 7.90 0.74 ^ 7.81 8.33 9.48 10.08 ^ Cybercrime 112 16.17 101 20.55 # 89 12.70 87 17.20 2.22 0.28 2.09 0.36 2.78 16.17 2.43 20.55 # Sexual assault 178 16.60 234 42.14 # 79 12.96 81 17.66 1.98 0.26 1.97 0.35 4.43 16.60 5.65 42.14 # Harassment and threatening behaviour 271 16.7...

4. [2018] NZEnvC 244 Director-General of Conservation v Thames-Coromandel District Council [pdf, 1.2 MB]

   ...achieve this". Refer Joint Memorandum of Counsel dated 9 August '2018 Appendix 2 p 8. 19 Joint Memo of Counsel for Thames-Coromandel DC, 9 August 2018 - Option 1 at Appendix 2 p 2. ~- 11 issues the certificate" (s 139A(1)(b)). Section10(1)(a), in turn, requires that an activity must demonstrate both of the following: (i) The use was lawfully established before the rule became operative or the proposed plan was notified; and (ii) The effects of the use are the same...

5. [2014] NZEmpC 119 Pact Group v SFWU & PSA [pdf, 271 KB]

   ...Independent Industrial Workers Union Inc v ABB Ltd. 9 The opening words of that judgment bear repeating in this case because the same or similar difficult issues arise. 3 At [75]. 4 At [101]. 5 At [105], [113]. 6 At [60]. 7 At [122]. 8 At [78]. 9 Eastern Bay Independent Industrial Workers Union Inc v ABB Ltd [2008] ERNZ 537 (EmpC). [1] This case highlights … difficult tensions in collective bargaining a...

6. Proactive release - Sexual violence response [pdf, 7.7 MB]

   ...assumptions. The analytical framework is sound and applied in a balanced way. It ensures that the recommended options have the potential to bring about improvements for complainants without trading away fair trial rights.” Te Tiriti o Waitangi 101. Māori girls and women are nearly twice as likely to experience sexual violence in New Zealand as the general population.15 By addressing an issue that disproportionately affects indigenous communities, this reform package aligns with our...

7. Nicholls v Nicholls - WT Nicholls Trust [2013] Māori Appellate Court MB 598 (2013 APPEAL 598) [pdf, 233 KB]

   ...Decision.............................................................[77] Natural Justice and Substantive Orders........................................................... [85] The Predetermination and Bias Issue.............................................................[101] The Law on Bias............................................................................................. [106] Discussion and Reasons..............................................................................

8. Auckland Standards Committee 3 v Park [2023] NZLCDT 51 (20 November 2023) [pdf, 327 KB]

   ...2020. The Chapter heading of Rule 10 is “Professional dealings.” The head rule of Rule 10 is broadly stated: “A lawyer must promote and maintain proper standards of professionalism in the lawyer’s dealings.” Most of the sub-rules (10.1 to 10.8) specifically refer to “other lawyers” or “another lawyer’s client.” We understand Rule 10 is mostly concerned to ensure lawyers treat one another with respect, do not encroach on professional boundaries (by communicating...

9. Review of the Foreshore and Seabed Act 2004 Analysis of Replacement Regimes [pdf, 465 KB]

   ...customary use, activity or practice which does not necessarily depend on underlying ownership of the land. 20 Pākia Ki Uta, Pākia Ki Tai: Report of the Ministerial Review Panel (Vol 1) 2009 p 101. REVIEW OF THE FORESHORE AND SEABED ACT 2004: ANALYSIS OF REPLACEMENT REGIMES IN CONFIDENCE - EXTRACTS SUBJECT TO LEGAL PRIVILEGE Page 13 of 32 Policy options 38 The four policy options for replacing the 2004 Act identified in...

10. [2020] NZIACDT 17 - XA v Hill (10 March 2020) [pdf, 304 KB]

    ...action or uphold it and impose one or more sanctions.5 [100] The sanctions that may be imposed by the Tribunal are set out in the Act.6 The focus of professional disciplinary proceedings is not punishment but the protection of the public.7 [101] It is the civil standard of proof, the balance of probabilities, that is applicable in professional disciplinary proceedings. However, the quality of the evidence required to meet that standard may differ in cogency, depending on the gravi...