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1. [2022] NZEnvC 091 Otago Regional Council [pdf, 528 KB]

   ...Regional Plan.39 [38] In making our decision we also accept that the plan change provisions are a step in the right direction under both the NPS-FM 2020 and the proposed Regional Policy Statement.40 Outcome [39] Pursuant to s149U(6) and cl10(1) to (3) of Schedule 1 of the Resource Management Act 1991, the court’s decision on Plan Change 1 is to amend it as set out in ‘Annexure 1: Plan Change 1 (Landfills) Provisions’ attached to and forming part of this decision. The cou...

2. Legal Aid Audit Report 2017-2018 [pdf, 367 KB]

   ...........................................................................................................................18 2018-2019 audit programme ............................................................................................19 2 Purpose of this report This report summarises major practice themes across 101 audits of legal aid lawyers conducted for the 2017-2018 financial year. It also analyses auditor comments for each of the audit ratings; excellent, very good...

3. LCRO 178-2016 KO v RT [pdf, 262 KB]

   ...against the firm which concerned one of the lawyer’s partners who was ill. 11 Oxford English Dictionary “integrity” <www.oed.com> — see also lawyers’ duties of “respect and courtesy” owed to clients (r 3.1), and other lawyers (r 10.1). 12 EO and EP v VO LCRO 240/2010 (3 August 2011) at [7], [49] — the lawyer had not responded to another lawyer’s correspondence — r 10.1 which requires that “[a] lawyer must treat other lawyers with respect and courtesy” — se...

4. TB v KP LCRO 174/2016 [pdf, 167 KB]

   ...of Mr FC which may have resulted in Mr FC failing to act competently and consistent with the duty to take reasonable care by registering a caveat without first being satisfied that a caveatable interest existed. (b) Whether Mr KP breached rule 10.1 by failing to treat Mr TB with respect and courtesy by failing to return his telephone calls and by failing to respond to his inquiries. [9] The Committee then gave only very brief attention to the letter that was at the forefront of...

5. FFNZ - EiC - K L Reilly - 5 Feb 2021 - PC7 Amendments (filed 5 March 2021) [pdf, 201 KB]

   ...80%; (b) a system capacity to meet peak demand; (c) a nominal irrigation season from 1 September to 30 April; and (d) demand conditions that occur in nine out of ten years. 3. Using the methodology set out below and the figures set out in Table S10.1. To determine the applicable seasonal irrigation demand standard and derive an annual volume: 1. find the total seasonal demand from Table S10.1 for the particular soil PAW class. Where the soil PAW class is between 100 - 200 mm, inse...

6. LCRO 126/2013 MZ v JK [pdf, 128 KB]

   ...concluded Mr JK had breached that part of the undertaking, and decided Mr JK had contravened r 10.3 of the Rules.2 1 Standards Committee determination, 27 March 2013. 2 At [31]. 5 Rules 10 and 10.1 [22] The Committee considered the delay in providing Mr MZ with a fresh licence marked a failure on Mr JK’s part to promote and maintain proper standards of professionalism in his dealings with Mr MZ. The Committee considered Mr JK...

7. Bennett - Estate of Ronald Clifford Bennett (2017) 156 Waiariki MB 250 (156 WAR 250) [pdf, 241 KB]

   ...tripartite deed dated 26 February 1996, entered into between themselves, the (then) trustees, and the Housing Corporation of New Zealand (HCNZ). 1 Bennett – Estate of Ronald Clifford Bennett (2014) 101 Waiariki MB 290 (101 WAR 290); 105 Waiariki MB 270-272 (105 WAR 270). 156 Waiariki MB 252 [5] Under the terms of the tripartite deed, HCNZ granted a loan to Ronald and Janet to build the house. The loan was secured agains...

8. Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Bill [pdf, 277 KB]

   ...provide reporting information to the Director-General in compliance with regulations. Failure to do so is an offence. 5 See, for example, Slaight Communications v Davidson 59 DLR (4th) 416; Wooley v Maynard 430 US 705 (1977). 30. New section 101 specifies record keeping requirements for any person who manufactures, imports, exports, buys, sells, or supplies a regulated product. New sections 101A (4) and (5) specify that an enforcement officer may require a person to provide a...

9. Auckland Standards Committee v Martin [2010] NZLCDT 17 [pdf, 44 KB]

   ...Martin to these allegations and on the balance of probabilities we find that Mr Martin took them and thus this charge is proved. Charge 10 [12] Charge 10 is that between August 2005 and February 2006 Mr Martin failed to comply with Rule 1.01 of the Rules of Professional Conduct by abusing a relationship of trust and confidence between practitioner and client by misrepresenting that he had carried out instructions when he had not. This misrepresentation was carried out to a repr...

10. Hautapu - Kopuatarakihi 1C2B2 (2004) 159 Gisborne MB 96 (159 GIS 96) [pdf, 1.8 MB]

    ...that the tmst order was silent on the matter of whether postal ballots could be used. The Maori Trustee also emphasised that it had a duty to all of the beneficial owners and not simply those who lived in and around the Land. Minute Book 159 GIS 101 Finally, it was underscored that the Incorporation proposal included annual rental of $4,900.00 re-viewable after seven years and the expenditure of some $90,000.00 to fiuther develop the land. The Hinemaurea Marae proposal was, in financi...