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1. Horrell v Banyan Pacific Capital Ltd [2023] NZHRRT 35 [pdf, 361 KB]

   ...conclusion on the perceived power imbalance between a lay litigant and a lawyer. The High Court upheld the CRT’s finding of unfairness on the basis that taping the conversation represented a breach of professional standards. However, the Court of Appeal disagreed that taping the conversation meant the personal information was collected unfairly. It considered that it must have been anticipated that a record of the conversation would be made and that a recording provided the most accu...

2. De Malmanche & Ors as Trustees of the Lynette De Malmanche Trust v Auckland Council (successor to the Auckland City Council) [2010] NZWHT Auckland 38 [pdf, 392 KB]

   ...inferred from them that the architect monitored or inspected the construction work. Decision on the claim against Ante Architects Limited [111] In North Shore City Council v Body Corporate 188529 & Ors (Sunset Terraces),11 the Court of Appeal upheld Heath J‘s conclusion that councils in issuing building consents, and designers in preparing the plans, were entitled to assume that a reasonable builder would have access to and rely on the manufacturer‘s specifications, a...

3. Rātima v Sullivan - Tataraakina C Trust (2017) 64 Tākitimu MB 121 (64 TKT 121) [pdf, 874 KB]

   ...interests above or in conflict with the trust is paramount. 3 [1896] AC 44 (HL) at 51 4 [2015] NZSC 68, [2016] 1 NZLR 354 at [69] to [71] and [73] 5 [2015] Māori Appellate Court MB 59 (2015 APPEAL 59) at [47] to [48] 64 Tākitimu MB 125 [48] The core obligations of a fiduciary are captured by the profit and conflict rules. A fiduciary is not permitted to profit from his or her office, save with the informed consent o...

4. Nga Runanga EiC M Bartlett Rights and interests Amended tracked 17 Feb 2021 [PDF, 905 KB]

   ...submission points of Ngāi Tahu ki Murihiku  Contents of the table provide a general indication of the processes and relationship with Ngāi Tahu ki Murihiku rather than detailed analysis of the substance of proposals, reports and decisions.  Appeals to council decisions and their outcomes are not addressed in the table as the focus of these summaries is Ngāi Tahu ki Murihiku interaction with the regional council during plan development and associated council assessments. Plan...

5. List of parties [pdf, 542 KB]

   EC4010_ListOfParties LIST OF PARTIES TOPIC: Master Topic: Auckland Unitary Plan Appeals Lodgement: ENV-2016-AKL-000184 Smith & Caughey Limited v Auckland Council Initiator Smith & Caughey Limited Rowan Ashton, PO Box 1296, Shortland Street, Auckland 1140 Initiator Smith & Caughey Limited Stuart Ryan, PO Box 1296, Shortland St, Auckland 1140 Respondent Auckland Council Bill Loutit, Simpson Grierson - Auckland, Private Bag 92518, Wellesley Street, DX CX10...

6. E8 Craig Jones - Event Legacy - EIC - Applicant [pdf, 7 MB]

   ...the acceptability of a destination facility (such as a cultural centre or museum extension) in legacy mode on Hobson Wharf. Certainly, from my experience in the tourism and leisure industry I believe it will have no detrimental impacts on the appeal of the waterfront and will in fact be an enhancement. 8.8 In 5.4 Ms Skidmore comments on Viaduct Harbour Holdings Limited’s (VHHL) suggestion to develop alternative public access options for the end of the proposed Hobson Wharf exte...

7. FFNZ - EiC - K L Reilly (5 Feb 2021) [pdf, 522 KB]

   ...and economic consequences. 28 118. Further we do not consider that Council has provided sufficient evidence to show that PC7’s objectives and policies better reflect Part 2 of the RMA than the existing Water Plan. 119. The Court of Appeal in RJ Davidson Family Trust v Marlborough District Council37 confirmed the importance that must be given to Part 2 of the RMA. In that case, the Court directed that the decision maker needs to determine whether the relevant plan has b...

8. OIA-105941.pdf [pdf, 3.3 MB]

   ...responsible for providing premises and administrative services to support judges who decide each case according to the law. The Ministry supports the courts of general jurisdiction (eg the High Court and the District Court), Supreme Court, Court of Appeal, as well as specialist courts and tribunals – like the Employment Court. 2 The judiciary is responsible for the work of the courts, but is supported by the Ministry of Justice, a department of the Executive government. The Secreta...

9. New fees framework for family legal aid providers - summary April 2012 [pdf, 925 KB]

   ...As a result, we are confident that the data set and modelling provide a solid foundation to inform fixed fee development. Schedules - structure and content The fixed fee and non-fixed fee schedules are: Fixed fees Non-fixed fees Adoption Appeals Care of Children Hague Convention CYPF Intellectual Disability Domestic Violence Mental Health Guardianship Private Mediation Maintenance Paternity Pre-proceeding Settlement Protection of Personal and Property Rights R...

10. Nga Runanga EiC M Bartlett Rights and interests Amended 17 Feb 2021 [PDF, 901 KB]

    ...submission points of Ngāi Tahu ki Murihiku  Contents of the table provide a general indication of the processes and relationship with Ngāi Tahu ki Murihiku rather than detailed analysis of the substance of proposals, reports and decisions.  Appeals to council decisions and their outcomes are not addressed in the table as the focus of these summaries is Ngāi Tahu k i Murihiku interaction with the regional council during plan development and associated council assessments. Pla...