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1. ENVC paper Wuhan University China study tour 2015 [pdf, 587 KB]

   ...over decisions of regional and district councils. It is not a planning authority, and does not have a policing role. “Sustainable management” [7] Very broadly, the approach of the RMA is to provide for a balance between environmental protection on the one hand, and development and human use of land, air, water and soil, on the other. [8] The “environment” includes things natural, physical, and people, and includes: (a) Eco-systems and their constituent parts, includi...

2. ZA v YB LCRO 135/2014 (31 August 2016) [pdf, 76 KB]

   ...entirety of the allegations Mr YB made are without merit. Nor is there anything objectionable to the terms in which complaint was made. The complaint and further correspondence set matters out from the perspective opposite Mr ZA’s. [68] Having carefully reviewed all of the information available on review, my view is that by his conduct Mr YB did not contravene his obligation to treat other lawyers with respect and courtesy as rule 10.1 requires. [69] In all the circumstances furth...

3. Otimi v Fa'uhiva - Hauhungaroa 1A3 (2019) 401 Aotea MB 102 (401 AOT 102) [pdf, 382 KB]

   ...individual who may not be possessed of the relevant knowledge would understandably be interpreted as offensive. It is generally understood that people will know their own whakapapa and for that to be subject to challenge by another will require very careful and extensive knowledge of whakapapa. In a previous judgment I have underscored that determinations of affiliation are matters for the individuals involved and the kaumatua of their marae, which unless there are exceptional cir...

4. Tuson - Mangamuka West 3B2A Block (2019) 206 Taitokerau MB 130 (206 TTK 130) [pdf, 199 KB]

   ...means it is unlikely the river will move from that location. There may be an issue with the steep gradient for logging trucks turning, however Mr Lee appeared confident this could be addressed with works to smooth out the gradient and with the careful location of the structure. Mr Lee considered Route B to be a viable option but noted that it will need a crossing structure put in place before it is usable. Route C [23] Route C proposes access from SH1 further west from the other...

5. Evidence Brief: Drug Courts [pdf, 389 KB]

   ...Association of Drug Court Professionals (NADCP)ii. These components are: • drug courts integrate AOD treatment and justice system processes • prosecution and defence counsel use a non- adversarial approach to promote public safety while protecting participants’ due process rights • eligible offenders are identified early and placed in the drug court programme • drug courts provide access to a continuum of AOD and other related treatment and rehabilitation servic...

6. Joint Memorandum of Counsel in response to Court's Minute on Risks [pdf, 1.9 MB]

   ...2018 (the Court's Minute). The Court suggested the integration of Conditions 174 to 176A and Conditions 183H to J relating to emergency evacuation and event emergency management. 2. Panuku and the Council are grateful for the Court's careful consideration of the conditions and for raising these matters in advance of the hearing. Both parties consider that the two sets of conditions are intended to be distinct and it is their preference that they remain separate. Some cha...

7. IAA v van Zyl [2012] NZIACDT 37 (31 July 2012) [pdf, 155 KB]

   ...obligations. [79] The Authority has submitted the professional relationship was managed in a way that caused: [79.1] A risk of unlicensed advice being provided (clause 1.1(a)); [79.2] A lack of informed instructions (clause 1.1(b); [79.3] Failure to protect against false or misleading information being supplied to Immigration New Zealand (clause 2.1(f)); [79.4] Failure to initiate the client relationship in accordance with the Code (clause 1.4(a)). [80] Mr van Zyl could not rely on...

8. [2017] EmpC 154 Sawyer v Victoria University [pdf, 330 KB]

   ...privilege said to have occurred during an application seeking leave to amend a pleading because a supporting affidavit referred to steps taken in briefing a witness whose expert evidence was to be relied on.8 Ordinarily, that material would have been protected by litigation privilege. [20] The Court of Appeal said: [20] It is well established that a party may lose the benefit of legal professional privilege, including litigation privilege, by its conduct in the course of litiga...

9. Auckland Standards Committee 1 v Ravelich [2020] NZLCDT 3 [pdf, 191 KB]

   ...so, are there elements of duplication in the two charges? 5. Has Charge 3 been established to the requisite standard? 3 6. If not, has there been a breach of Rule 5.5 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (Rules) as to conflicting business interests, such as to establish unsatisfactory conduct? 7. Is the conduct alleged under the 2019 charge professional or personal? 8. If professional, was it disgraceful and dishonourable?...

10. Witana v Cutforth - Kohewhata 27C2A [2022] Māori Appellate Court 405 (2022 APPEAL 405) [pdf, 266 KB]

    ...appellant might seriously reconsider pursuing further proceedings in court. She will not look to proceed with applications that are misguided and misconceived knowing that costs are a potential consequence of such applications. She will take more care before filing an application knowing that an award of costs could be a consequence of her application being dismissed. [18] Here, the appellant withdrew her appeal when the matter was recalled on 30 May 2022. The appellant is n...