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1. [2019] NZEnvC 029 Cable Bay Wines Limited v Auckland Council [pdf, 12 MB]

   ...limits, has been set out earlier in this decision. The experts appear to agree that these noise limits can be achieved by the revised proposal now being considered, subject to the work they have been collaborating on since our last decision. [101] With those qualifications, the noise environment for the neighbours might be little different from that authorised by the 2006 and 2011 consents. [102] Restricting the use of the lawn to a small designated area adjacent to the existing r...

2. LCRO 178/2021 AA v EL (26 November 2021) [pdf, 256 KB]

   ...[100] Mr OP noted that Mr JB had referred to his (Mr JB’s) client as a “[Asian] businessman”. Further, he explained that Mr JB had informed him, that Mr AA was “furious about the current situation and it is a matter of honour to him”. [101] It presents as highly unlikely that Mr OP’s specific recollection of the conversation would be inaccurate or unreliable in regard to the two issues identified in the paragraph above, and difficult to establish plausible explanation for...

3. LCRO 172/2015 and 173/2015 WL v XC and HF v XC (16 May 2019) [pdf, 269 KB]

   ...have a claim against M partnership. Appropriate steps [100] Not without some reservations, I am satisfied that Ms XC took “appropriate steps” before determining whether there were reasonable grounds for making the serious allegations. [101] For example, her first statement of claim (although wrongly naming the M partnership as the only defendant, rather than the individual partners as separate defendants) did not include any of the serious allegations, despite Mrs YP’s ins...

4. [2019] NZEnvC 178 Chapel Road Partnership Trust v Auckland Council [pdf, 25 MB]

   ...CLOSE LEGEND EXISTING KERB TrtokI,to8m(pb28)x1. KO\l/ha1,to10m,(pb28)x:2. Ng111O,t07m(pb28)x2. Flox,to1.8m,(pb5)x5. E~clryono)(al!Sum Sophoramiaophyllo Myoporuml1111tum Phormlumtonax GrillO!lnoo Coproaml11ocero:!l:I C11b011gotn:o 101.30m(pb5) x10.hodgo 11andcopro:iml11,groundcreoper(pb3)x30 11,:~tlngtortimaln L11ndSC11f>!! themes. ~ndscap1ng1:,proposedlor screening ondwirdant amenity. Notivospodosorcooloetodfor,ott11nd1611ndtolor.mco. Specimen ~111 \MIi compl11...

5. Thomson - Part Tahorakuri A1 Sec1 Māori Reservation (2002) 76 Taupō MB 98 (76 TPO 98) [pdf, 1 MB]

   ...Reservation/Tahorakuri Ai Section 1 Reservation; 6. Accompany the Court on the site visit discussed below. The Registrar is directed to identify a suitable date for the Court to undertake a site visit to T ahorakuri A 1 Section 1. Minute Book: 76 TPQ 101 The Court notes the co-operation of the reservation trustees in complying, in all respects, with the requirements of the Court. However, the meeting that was called by the trustees in February 2002 was legally flawed because of adv...

6. LCRO 161/2020 SE v GR (31 March 2021) [pdf, 305 KB]

   ...balances were put in place” by the firm. 34 This language is taken from s 12(a) of the Act, defining unsatisfactory conduct in relation to competence, above. See also r 3 above. 35 See sections 152(2)(a) and 241(c) of the Act. 17 [101] She refers to [Law Firm 2]’s 31 May 2014 invoice issued to the firm, referred to earlier, which states [Law Firm 2]’s legal services included “checking” the sale agreement and title. [102] In her submission, when Mr GR, and lat...

7. Trustees of Maungatautari 4G Sec IV v Maungatautari Ecological Island Trust - Maungatautari No 4G Sec IV (2014) 86 Waikato Maniapoto MB 248 (86 TTK 248) [pdf, 217 KB]

   ...dog handler; g) The signature of the Waipa District Council Authorised Officer; [100] A $20 processing/registration fee was also required. The lower part of the form then provides a section indicating whether or not approval has been given. [101] The position of WDC and MEIT is that the personnel of MEIT, including employees, contractors and volunteers have carried out work in the Maungatautari Ecological Island, including the southern enclosure for a number of years without any...

8. BORA Evidence Bill [pdf, 406 KB]

   ...decision would have no direct application in New Zealand. There are no comparable property rights in the BORA. Rather, in New Zealand, it will be the victim's right to a fair trial that will need to be balanced against that of the accused. 101. In conclusion, it would be an exceptional case where the risk of property damage, without any accompanying risk to persons, could be the basis for a witness anonymity order. In most cases there will need to be some kind of risk to persons fo...

9. ASC Annual Report 2020 [pdf, 1019 KB]

   ...6,180 6,768 12,948 Surgical 3,310 5,952 9,262 Medical only (no surgery) 2,838 779 3,617 Failed medical only followed by surgical 26 25 51 Failed surgical followed by medical 6 3 9 Other - 9 9 10. Complication Table 10.1 Induced Abortions by Complication Calendar Year 2019 Complication Number Percent Total 12,948 100.0 None 12,864 99.4 Haemorrhage (500ml or more) 35 0.3 Retained placenta/products 32 0.2 Other 8 0.1 Haemorrhage and re...

10. [2007] NZEmpC AC 13/07 Red Beach School Board of Trustees & Ors v New Zealand Education Institute (Inc) [pdf, 135 KB]

    ...also find that the level of supervision of the teacher aides by the teachers was not “careful and thorough” as I have found is required to satisfy the requirement of the definition of grade A that the position be “closely supervised”. [101] In reaching these conclusions about the level of supervision of the teacher aides by the teachers at the Motuora unit, I intend no criticism of those teachers. The nature of the positions held by the teacher aides and the quality of th...