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1. Johnson v Canterbury/Westland Standards Committee 3 - Outcome of appeal of decisions [2018] NZLCDT 5 and [2018] NZLCDT 21 [pdf, 439 KB]

   ...the Conduct and Client Care Rules 60 Finding that Mr Johnson was guilty of high end negligence 63 Appeal on Charges 2 and 3 72 Scope of appeal on Charges 2 and 3 78 What constitutes misconduct? 79 Appeal against penalty 88 Result 101 Introduction [1] Ronald Bruce Johnson has appealed two decisions of the New Zealand Lawyers and Conveyancers Disciplinary Tribunal in which the Tribunal:1 (a) Found Mr Johnson guilty of: (i) Negligence in his professional c...

2. [2020] NZEnvC 154 Cable Bay Wine Limited v Auckland Council [pdf, 2.1 MB]

   ...roofing will be maintained but the fabric will be replaced/ coloured in a dork tone and will also hove o sound absorbent properties. 10mm laminated gloss ..---+----+~(1ow reflectivity) with compressible seal 0 r-­ (D N FFL INSIDE & DECK 101.00m 0 r-­ n n _SZ __ A0-4 0 0 (D n I I I I I I ll i . . - - .. - .. ... ~ * '!: '" ........ - ---- - ... .. .. ... .. - .. - - - - - ., • I A D1 ll IT HHU L e NC I. 0 s: E ID COURTYARD !.ii"...

3. [2022] NZEnvC 160 Tararua District Council v Manawatu-Wanganui Regional Council [pdf, 1007 KB]

   ...(\VWWTP) and discharge of treated wastewater into the Manga-atua Stream. A consent application was previously subnutted to Manawatu Wanganui Regional Council (tl1e Regional Council) in 2010, six montl1s prior to tl1e expiry of current resource consents 101429 and 103656. The WWWTP continues to operate under s 124 of the Resource Management Act (R.lvlA). [2] The consents applied for which are the subject of this appeal are set out below. It was common ground that the proposal is to be ass...

4. LCRO 22/2019 HT v MK (29 May 2020) [pdf, 326 KB]

   ...settlement”. [99] Mr MK asked (by email) Mr HT again on 27 June, and on 30 June. [100] Later on 30 June Mr XY told (by email) Mr HT he would prepare the contract of service in favour of BEG, and not to “waste [Mr HT’s] money” on Mr MK. [101] From my analysis of the information produced on this aspect of Mr HT’s complaint I do not consider Mr HT has proved to the standard required, namely, on the balance of probabilities, Mr MK’s retainer extended to requiring Mr MK (...

5. [2016] NZEmpC 7 NZ Meat Workers & Related Trades Union Inc v AFFCO NZ Ltd [pdf, 372 KB]

   ...agreement. That right can be subject to a consideration of specific factors, but I consider that as a matter of objective interpretation, those factors are intended to allow for flexibility which is to be applied in a fair and reasonable way. [101] Clause 38 underscores the obligations of “effective consultation” on “issues which involve individuals or a group of people”. This is reflected in many other clauses. 59 The last on, first off principle is the starting point,...

6. [2022] NZEnvC 170 Director-General of Conservation v Northland Regional Council [pdf, 11 MB]

   ...confidently grant consent for while avoiding adverse effects, particularly 23 refer Legal submissions in reply on behalf of Director-General of Conservation dated 27 June 2022 – amended as requested 30 June 2022 at [20.1]. [98] [99] [100] [101] [102] 29 those matters under the NZCPS and pNRP. Priority issues Given our conclusion that consents could potentially be granted with appropriate conditions and incorporating Mātauranga and Tikanga principles, it is not s...

7. [2010] NZEmpC 158 Air NZ Ltd v Wulff [pdf, 151 KB]

   AIR NZ LTD V WULFF AK 6 December 2010 IN THE EMPLOYMENT COURT AUCKLAND [2010] NZEMPC 158 ARC 101/09 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN AIR NEW ZEALAND LIMITED Plaintiff AND RANDALL WULFF Defendant Hearing: 22-25 March 2010 (4 days) (Heard at Auckland) Appearances: Kevin Thompson, counsel for the plaintiff Paul Wicks and Lisa Keys, counsel for the defendant Judgment: 6 December 2010...

8. Proactive release - New Compensation Guidelines for Wrongful Conviction and Imprisonment [pdf, 756 KB]

   ...Justice to issue Compensation Guidelines that implement the decisions in paragraphs 6 to 8 above; 10. agree that the Compensation Guidelines come into effect on the date that they are issued by the Minister and that they apply to any application made: 10.1. On or after the date on which the Guidelines come into effect; 10.2. Before the date on which the Guidelines come into effect if the relevant Minister has not, at that date, decided whether the application merits further assessment;...

9. Tupe Snr v Everton - Manunui No 1 4th Residue Ahu Whenua Trust (2015) 334 Aotea MB 227 (334 AOT 227) [pdf, 330 KB]

   .................................................................................................. [99] Submissions for Messrs Tupe (Snr), Tupe and Pahi ........................................................ [99] Submissions for Mr Everton ............................................................................................ [101] The Law ....................................................................................................................................... [10...

10. 22.-Evidence-of-Mr-Andrew-Curtis-Air-Quality.PDF [PDF, 1.6 MB]

    ...activities. I have set out in paragraph 39 above a process to appropriately identify, mitigate and monitor (if access is allowed) potential adverse dust effects on high-risk properties within 50m of specified construction works and activities. 101. If issues arise in the interim the complaints procedure in the CAQMP and Condition RCM2 applies. 102. I consider that these measures address the concerns raised by Mr Stacey in paragraphs 61 and 62 of his report. 103. In paragraph...