Search Results

1. 2023-10-10-Rebuttal-Evidence-of-J-McConchie-Hydrology-and-Flooding.pdf [pdf, 987 KB]

   ...Assuming that such a condition is recommended, and I do not believe that it is necessary, it would be more appropriate to reference a positive change in the flood hazard category, as defined for example in the Floodplain Development Manual (2005).4 101. Mr Kinley and Mr McArthur propose a threshold for an ‘acceptable effect’ of the Project on rural zoned land of 100mm outside of the designation. However, they provide no evidence for this threshold or the change in effects abo...

2. LCRO 186/2017 and 84/2018 WE v VF (28 May 2019) [pdf, 190 KB]

   ...had previously acted for the defendant she was prosecuting. [100] It appears that Mr WE finally decided to withdraw from the case when Mr UH presented Mr WE (through his agent) with copies of the legal aid invoices I have referred to above. [101] In my view Mr WE should have made enquiries of legal aid at the outset, to see whether he had in fact acted in the past for Mr VF. Given his then substantial criminal legal aid practice, that was an obvious line of enquiry. It would have...

3. Naera v Fenwick - Whakapoungakau 24 (2019) 217 Waiariki MB 85 (217 WAR 85) [pdf, 536 KB]

   ...Chambers, P O Box 10-201, Wellington 6143 felix.geiringer@terracechambers.co.nz M Kyriak, Kyriak Law, L4, 40 Eden Crescent, Auckland mtk@kyriaklaw.co.nz M McKechnie mmckechnie@xtra.co.nz D Chesterman Bankside Chambers, P O Box 2375, Auckland 1015 J Koning, Koning Webster Layers, P O Box 11120, Papamoa 3144 john@kwlaw.co.nz mailto:felix.geiringer@terracechambers.co.nz mailto:mtk@kyriaklaw.co.nz mailto:mmckechnie@xtra.co.nz mailto:john@kwlaw.co.nz 217 Waiāriki MB 86 TABLE OF CON...

4. LCRO 240/2013 TM v DC (8 May 2017) [pdf, 365 KB]

   ...differences. The sensible and proper course for Ms DC would have been to consult with and explain to Mr TM the appropriateness or otherwise of applying for a compliance order.71 Ms DC considers that the steps she took were in Mr TM’s best interests. [101] From each party’s version of events it appears that Mr TM may not have been provided with an explanation that an ERA determination such as this was a direction to the parties to work out their differences; and that it was not...

5. Pullar - Aperahama Sullivan whānau Trust (2017) 61 Takitimu MB 45 (61 TKT 45) [pdf, 439 KB]

   ...appropriate. It is not reasonable to simply disregard such advice. Given that the advances to Nan Sullivan have been retrospectively approved by the beneficiaries, I do not consider that the trustees should be made liable for those payments. [101] Te Rangihiroa Sullivan has paid back his loans and Erina Thrupp is in the process of doing the same. The only outstanding loans are those made to Barbara Sullivan, deceased, and the loans to other beneficiaries. I consider that the trust...

6. CAC10027 v Brankin [2013] NZREADT 32 [pdf, 121 KB]

   ...ss.110(2)(a) and 93(1)(b), we may order that an agreed settlement between a licensee and a complainant have effect, by consent, as all or part of a final determination of a complaint. In fact there has been no agreed settlement in this case. [101] It is our practice to allow separate submissions about penalty and for those submissions on penalty to lead to a fixture for the purposes of our Orders on penalty if the parties wish. We understand that the parties do not wish to make fur...

7. [2024] NZEnvC 091 Crafar v Taupo District Council [pdf, 355 KB]

   ...included an analysis of other relevant planning documents. The position of TGL and the Council is that none of these have strong objective and policy direction in relation to economic and financial matters.82 We accept this position. Part 2 [101] We accept that there is no ability or need to revert to Part 2 in this case and that none of the New Zealand King Salmon caveats apply. We note that the assessment and conclusion of the planners on this matter was not challenged in cro...

8. LCRO 182/2014 DL v SJ, GS and PQ [pdf, 292 KB]

   ...Committee’s finding of unsatisfactory conduct on the basis that Mr DL’s advice fell short of the standard of competence and diligence, that a member of the public is entitled to expect of a reasonably competent lawyer, is reversed. Rules breaches [101] The Committee concluded that Mr DL was guilty of three groups of rules breaches: (a) Breaches of rr 5, 5.1, 5.2 and 5.3 (independent judgment and advice). (b) Breach of r 6.1 (acting for more than one client where their intere...

9. Lewis & Anor as Trustees of the Warren and Bronwyn Lewis Family Trust v Auckland City Council [pdf, 115 KB]

   ...merit. (b) Allegations by Rynbeck Holdings and Rynbeck that Mr Lewis was the designer and project manager and that the standards of the Building Code in respect of the chimney and decks had been met, had no substantial merit. 36 [101] Costs may only be awarded in a WHRS claim, if the party against whom they are awarded, has been held to have acted in bad faith, or has made allegations that are without substantial merit. – Section 43 (1) WHRS Act 2002. [102] A...

10. [2018] NZEmpC 22 Kids Republic Playland Ltd v Lowe [pdf, 471 KB]

    ...no attempt to address the issue of the missed contributions for the first 14 months of her employment. [100] It was the Authority’s concerns as to how the arrears had been dealt with that became a factor in the consideration of a penalty. [101] At the hearing, Mr Smith placed emphasis on the chronology. First, he made reference to a letter of 19 July 2017 from IR to KRPL, which set out the basis on which the fact of the arrears had come to light, and then been dealt with. [102...