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1. RIS Regulatory Systems Justice Amendment Bill package [pdf, 1.1 MB]

   ...Providers team LCA Lawyers and Conveyancers Act 2006 LCDT Lawyers and Conveyancers Disciplinary Tribunal LCRO Legal Complaints Review Officer LCS Lawyers Complaints Service MBIE Ministry of Business, Innovation and Employment MVDT Motor Vehicle Disputes Tribunal NZLS New Zealand Law Society NZPB New Zealand Parole Board NZSOC New Zealand Society of Conveyancers PSPLA Private Security Personnel Licensing Authority PSPPI Act Private Security Personnel and Private Investigat...

2. NZ Law Commission review of the law of Trusts [pdf, 2.4 MB]

   ...restricted. We recommend that the terms of a trust must not limit a trustee’s liability or grant a trustee an indemnity against the trust property in respect of a breach of trust arising from the trustee’s own dishonesty, wilful misconduct or gross negligence. This limitation is an advance upon the current law by making it clear that such clauses cannot exclude liability for gross negligence. The line we propose between valid and invalid exemption and indemnity clauses balances the need to...

3. Fehling v South Westland Area School [2012] NZHRRT 15 [pdf, 144 KB]

   ...says he was subjected to harassment by reason only of the fact that he is seen as “different”. These incidents include the night-time smashing of the windows of his van; minor assaults and an occasion when his campsite was invaded by a motor vehicle doing “doughnuts” and other loss of traction manoeuvres to frighten him. Mr Fehling talked about encountering general hostility in the community which he explained in the following terms: I come from a different culture and backgro...

4. [2019] NZEnvC 203 Director General of Conservation v New Zealand Transport Agency [pdf, 7.8 MB]

   ...and conveyed under the road formation through specially designed drainage conduits before discharging as close as possible to the original discharge channel. [156] Overall, Mr Symmans' evidence was that the Project's design would have negligible effects on the existing groundwater and springs regime in the Mangapepeke valley. 92 91 Symmans EiC, paragraphs 236-239. 92 Symmans EiC, paragraph 255. 40 Findings on construction effects and the Pascoes' concerns [15...

5. 19.-Evidence-of-Mr-Nick-Goldwater-Terrestrial-and-Wetland-Ecology.PDF [PDF, 622 KB]

   ...Low to Moderate ecological value such as mixed indigenous-exotic forest and scrub, and planted indigenous forest. 16. The indigenous terrestrial and wetland vegetation within the Project construction footprint have been assessed as ranging from Negligible to Very High ecological value. This assessment considered the high level of historical loss of habitats in the Horowhenua lowlands, the availability of habitat for common indigenous flora and fauna species, and the presence of...

6. [2017] NZEnvC 088 Save Wanaka Lakefront Reserve Inc v Queenstown District Council [pdf, 12 MB]

   ...remains in Lake Wanaka and its margin and maintain and enhance the natural character and nature conservation values. [112] Our findings on the evidence that the building is not sited on the margin informs our finding that the proposal would have negligible effects, in a biophysical sense, on the margin. However, that leaves for consideration how the proposal impacts natural character in perception terms. As natural character perception is closely related to landscape character, we...

7. [2017] NZEnvC 088 Save Wanaka Lakefront Reserve Inc v Queenstown District Council [pdf, 12 MB]

   ...remains in Lake Wanaka and its margin and maintain and enhance the natural character and nature conservation values. [112] Our findings on the evidence that the building is not sited on the margin informs our finding that the proposal would have negligible effects, in a biophysical sense, on the margin. However, that leaves for consideration how the proposal impacts natural character in perception terms. As natural character perception is closely related to landscape character, we...

8. [2023] NZEnvC 242 New Zealand Transport Agency v Auckland Council [pdf, 21 MB]

   ...Suitably Qualified and Experienced Person to meet the purpose in Condition 54A and, as a minimum, shall: a. be consistent with “Hygiene Procedures for Kauri Dieback”, “Land disturbance activities (including earthworks) around kauri”, “Vehicle and Ara Tūhono – Warkworth to Wellsford Final Resource Consent Conditions 2023 Page 25 of 532 Heavy Machinery Hygiene”, “Landfill Disposal of Contaminated Material” and “Procedures for Tree Removal and Pruning” and a...

9. [2017] NZEnvC 124 Skyline Enterprises Ltd v Queenstown Lakes District Council [pdf, 12 MB]

   ...mitigation, we find the overall effect appropriate. We agree with Mr Denney that (iii) as to proposed new boundaries is not relevant. Nature conservation values (S.4.2.2(1)(d)) [96] We accept Mr Denney's evidence that the proposal would have negligible effects on such values. 87 Cumulative effects of development on the landscape (S.4.2.2(1)(e)) [97] As to (i), we accept Mr Denney's evidence that the existing Upper Terminal and gondola have already compromised the visua...

10. [2019] NZEnvC 131 Minister for Children [pdf, 5.3 MB]

    ...Site. 94 He said that this noise had been identified by submitters as a major issue, with one submitter adding that the use of the gate was also a concern. 95 (181] Mr Hegley responded to this by undertaking measurements of the noise levels of vehicles arriving at and leaving the Site. From these measurements he determined that the number of individual vehicle movements that could occur in the car parks and accessways between the main buildings and the southern boundary before the nig...