Search Results

1. [2024] NZEnvC 015 Caseley v Hastings District Council [pdf, 787 KB]

   ...of an error in the decision which provided conflicting hours in which construction traffic could use Parkhill Road. Hours for construction traffic remain controlled by condition 63; viii) New condition 62 is proposed to limit heavy commercial vehicle movements to and from the site during construction. This additional limitation was agreed to by the applicant as part of the relief sought by Mr Caseley to limit traffic noise effects on Parkhill Road residents; ix) Condition 68 reg...

2. E94 John Mckensey – Lighting - RE – Applicant [pdf, 4.5 MB]

   ...night sky; c) A map of the surrounding light sensitive areas; d) Design to comply with the E24.6.1 General Standards in the AUP:OP; e) Planning and setup measures to minimise spill light and glare; and f) Other measures such as construction vehicle headlight sweep, construction vehicle warning lights/beacons, construction vessel lights. Section 4.5 1 Unio Environmental, 4 September 2018. America’s Cup Wynyard Hobson –...

3. UI & II v SG [2024] NZDT 224 (6 March 2024) [pdf, 207 KB]

   ...in accordance with finding 12 above, adjusting the area to be repaired from 129sqm to half of 3sqm (using the lower figure of the range and halving it because the damaged panel straddles the parties’ boundary approximately equally), results in a negligible cost ($29.90). Clearly, actually repairing the cracked panel would have involved a higher cost than that, but the low cost reveals that it was not economic to do so because the driveway was at or near the end of its expected life. Gi...

4. Trends for people with finalised charges in court jun2024 [pdf, 236 KB]

   ...finalised charges. 73,885 62,601 66,323 58,924 47,799 49,721 2018/19 2019/20 2020/21 2021/22 2022/23 2023/24 People with finalised charges People convicted 6% 11% 11% 21% 18% 5% 13% 12% 17% 20% 5% 16% 11% 17% 19% Dangerous or negligent acts Theft Assault Offences against justice Traffic 2023/24 2022/23 2018/19 3 Figure 3: There has been a slightly greater use of prison sentences over the last year There was an increase in people who received prison...

5. AEJ Ltd v ZVM [2013] NZDT 304 (23 September 2013) [pdf, 56 KB]

   ...warning road users of stock on the road. [8] I have had regard to ZVM’s belief that the driver of the truck may have contributed to the collision by his speed but I do not find this supported on the evidence. ZVM’s neighbour had parked his vehicle with lights flashing and was waving a torch. This drew the driver’s attention to the Good Samaritan’s actions and actually distracted him from the stock on the road. [9] I find that BQ’s driving did not contribute to the i...

6. Three strikes offences December 2018 [xlsx, 227 KB]

   ...offences 3 33 30 60 62 40 44 49 38 2% 4% 2% 5% 5% 3% 3% 3% 2% 02: Acts intended to cause injury 37 254 349 293 300 321 356 389 395 23% 28% 27% 22% 24% 25% 25% 26% 26% 03: Sexual assault and related offences 44 280 456 571 485 507 526 582 582 28% 31% 35% 43% 38% 39% 37% 38% 38% 04: Dangerous or negligent acts endangering persons - - - - - - - - - - - - - - - - - - 05: Abduction, harassment and other offences against the person 4 21 45 54 45 37 55 65 58 3% 2% 3% 4% 4% 3% 4% 4% 4% 06: Robbery...

7. Whiles-Clarry v Standing [2011] NZIACDT 25 (8 August 2011) [pdf, 92 KB]

   ...complaint [1] In a decision dated 30 June 2011, the Tribunal upheld a complaint in this matter. [2] The facts and background are set out in the earlier decision. The three elements of the complaint that were upheld were, in outline: [2.1] The Adviser negligently failed to provide adequate advice to the Complainants when they migrated to New Zealand. The decision found: [2.1.1] The Adviser had an incorrect understanding of the material policy requirements, [2.1.2] Failed to review h...

8. EQ & MC v IJ Ltd & SD [2022] NZDT 146 (31 August 2022) [pdf, 246 KB]

   ...Gary Spence [2017] NZHC 398. Negligent misstatement 3. In relation to EQ and MC’s alternative cause of action, negligent misstatement, the Disputes Tribunal does not have jurisdiction for claims relating to negligent misstatement. 4. Negligence (which includes negligent misstatement) is a tort. Under s10(1)(c) the Disputes Tribunal Act 1988 the Disputes Tribunal’s tort jurisdiction is limited to a claim in respect of: a. the destruction or loss of any property; b. an...

9. [2022] NZACC 25 - Teavae v ACC (1 march 2022) [pdf, 214 KB]

   ...or five attacks nearly every day. … It is fairly clear that she is suffering from complex partial seizures, almost certainly with a focus in the temporal lobe. … [4] On 12 August 1994, Ms Teavae suffered a diffuse head injury in a motor vehicle accident in England, and she was admitted to hospital. She was seen for neuropsychological evaluation on 18 and 25 August 1994. Following the second evaluation, A M Nielsen, a trainee Neuropsychologist, reported that Ms Teavae was,...

10. LCRO 103/2021 & LCRO 58/2022, LCRO 104/2021 and LCRO 105/2021 GS v ABC Ltd & HY, [Law Firm A] v ABC Ltd & HY and SW v [Area] Standards Committee [X] (24 November 2022) [pdf, 595 KB]

    ...positions. [53] Mr OX was critical of the process that had been followed by the Committee in the course of conducting its investigation. It was his contention that: (a) the issues engaged by the complaint were more appropriately addressed as a negligence claim rather than through the vehicle of a conduct complaint; and (b) an “on the papers” hearing was unsuitable; and (c) the reasons provided by the Committee were “utterly inadequate”; and (d) the Committee had fail...