Search Results

1. Canterbury Westland Standards Committee v Horsley [2014] NZLCDT 9 [pdf, 147 KB]

   ...Hodge to the well-known decision of Pillai v Messiter.19 In a well quoted passage Kirby P said when discussing what was required to achieve a standard of misconduct: “It includes a deliberate departure from accepted standards, or such serious negligence as, although not deliberate, to portray indifference and an abuse of the privileges which accompany registration as a medical practitioner.” [46] This has of course been adopted in relation to legal practitioners in a number of...

2. LCRO 1/2021 NB v GP (31 May 2022) [pdf, 224 KB]

   ...evidence which could only be established on the back of it having been established that Mr NB’s alleged loss had been directly incurred as a consequence of failings on the part of Mr GP. Argument of that nature is properly ventilated through the vehicle of a claim in negligence, rather than a professional conduct complaint. Costs [92] Where an adverse finding is made, costs will be awarded in accordance with the Costs Orders Guidelines of this Office. Mr GP is ordered pursua...

3. [2020] NZEmpC 110 Cowan v Kidd [pdf, 327 KB]

   ...work on Kidd Partnership’s farms were done for the benefit of Kidd Partnership and with the expectation of reward. [34] The truck driving was that which would be expected of an employee. Mr Cowan did as directed and used Kidd Partnership’s vehicles to do so. He kept a log book identifying the hours and other work on the days on which he was carrying out the truck driving. If he had not done the driving, Kidd Partnership would have paid someone else to do it. Mr Cowan was an...

4. Auckland Standards Committee 3 v Anderson [2022] NZLCDT 25 (22 July 2022) [pdf, 238 KB]

   ...available to him and of which Ms Anderson expected him to avail himself. As indicated before, he had an in-house lawyer who was at the time undertaking a review of Mr R’s company and trust structures, which would have included the new corporate vehicle under which he was the director and sole shareholder to repurchase the property. [46] For this reason, we do not find that the Standards Committee has established misconduct in Ms Anderson’s professional capacity, in relation...

5. DH v WU LCRO 219 / 2010 (29 June 2011) [pdf, 105 KB]

   ...[44] Ms C has exercised her right to use the front portion of the driveway which serves the Applicant’s unit, and, in the circumstances which have arisen, the potential exists for his privacy to be compromised both in terms of the possibility of vehicles passing his unit, and also his being unable to fence off the “boundary” between the two units. [45] Property rights and privacy are important, and the Applicant was concerned to find out that these had been compromised. The use...

6. Statistical bulletin: An overview of conviction and sentencing statisitcs in New Zealand 2000 to 2009 [pdf, 1.1 MB]

   ...in 2009. Offences against justice increased from 16 percent of the total in 2008 to 18 percent in 2009. 5 ‘Driving under the influence of alcohol or other substance’ and ‘dangerous or negligent operation of a vehicle’ are included in the offence category ‘Dangerous acts’, rather than ‘Traffic’. STATISTICAL BULLETIN: CONVICTION AND SENTENCING STATISTICS 6 Figure 5: Proportion of convicted charges, by offence...

7. [2024] NZEnvC 197 Otago Regional Council v Dunedin City Council [pdf, 982 KB]

   ...https://2gp.dunedin.govt.nz/plan/pages/plan/book.aspx?hid=1367 6 4. stormwater management systems; 5. establishment, enhancement, or retention of vegetation; 6. design of earthworks; and 7. the location and design of driveways and vehicle tracks. 6. Amend Rule 11.7.2 as follows: 11.7.2 Assessment of non-complying activities Activity Guidance on the assessment of resource consents 1. In the hazard 1 (flood) Overlay Zones: • Natural hazards potentially sen...

8. ENV-2016-CHC-000047 Blueskin Energy Limited v Dunedin City Council - Evidence - Michael Moore [pdf, 7.5 MB]

   ...with reference to the following explicit scales and their common English meanings: Nature of effect  Positive  Neutral  Adverse Magnitude of effect  Highly significant  Significant  Moderate  Minor  Negligible MWM-008 8 BI-309448-3-497-V2 Landscape effects assessment Value and sensitivity of the landscape 20. I assess Porteous Hill as having moderate – high landscape value. It is not identified as an outstandin...

9. [2021] NZEnvC 009 Goodwin v Wellington City Council [pdf, 2.1 MB]

   ...Plan’s definition of Recreation Activity. This definition is “…any activity whose primary aim is the passive or active enjoyment of leisure, whether competitive or non-competitive, casual or organised, (but does not include the use of motor vehicles in Conservation Sites or Open Space Areas). Recreation has a corresponding meaning”. • The activity status of the resource consent application is a Discretionary Activity (Unrestricted). • In terms of the consents require...

10. [2018] NZEmpC 79 Hines v Eastland Port Ltd [pdf, 513 KB]

    ...information was obtained by email from Maritime New Zealand, and from Princess Cruises and its shipping agent. Mr Gordon also obtained weather and sea condition information, stills from various cameras around EPL, purchase records for fuel for the vehicle that Captain Hines used, and documentation regarding the arrival and departure of the two vessels in question. [43] The camera stills did not support Captain Hines’ version of events, and the fuel purchase records did...