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1. D-G Conservation - EiC - M J Brass - Planning (5 Feb 2021) [pdf, 455 KB]

   ...flow or take cessation condition is applied to the new permit and, where there is no existing minimum flow condition but a minimum flow is set for the catchment in Schedule 2A, the Schedule 2A minimum flow is applied to the new permit.” And to consequentially amend Rule 10A.3.1.1(v) as follows: “Any existing residual flow, minimum flow, or take cessation condition (whichever is applicable) is included in the application for resource consent and, where there is no existing mini...

2. RIS - Abortion Law Reform [pdf, 750 KB]

   ...monitoring and reporting requirements for District Health Boards (DHBs). However, these do not apply to private providers, unless they are providing services as a sub-contractor to a DHB. Informed consent The Code of Health and Disability Services Consumers’ Rights imposes standards for rights of consumers and duties of providers. These apply to abortion services in the same way as other health services, including the right to be fully informed and consenting, give free and inform...

3. [2023] NZEnvC 170 Liquigas Limited v Dunedin City Council [pdf, 3.4 MB]

   ...amendment} L the storage and use of hazardous substances as part of a residential activity (for home heating, cooking, cleaning and gardening), including LPG up to a maximum full weight of 300kg where: i. the hazardous substance(s) is part of a consumer product intended for residential use; and ii. the product is stored in the container or packaging in which it was sold and used in accordance with the manufacturer's instructions; {LPG Association of New Zealand 178} ~ g. the t...

4. Hartley v Balemi [pdf, 401 KB]

   ...5.7.10 Therefore, I find that the general cracking has been as a result of the timber framing swelling, caused by moisture penetration from other leaks. Some of these cracks must be admitting more water, which has led to more timber movements. The consequential damage of the general cracking is to create the need to completely re-clad this dwelling. The costs of this remedial work should be allocated to the causes of the primary leaks. 5.8 Eyebrows above Windows 5.8.1 Proje...

5. MacGregor v Craig (Second Interim Non-Publication Order) [2015] NZHRRT 40 [pdf, 324 KB]

   ...Act had lent the process a quasi-judicial character and the requirement of observing the principles of natural justice had resulted in an elaborate and protracted system of provisional and final opinions. The length of the process and the resources consumed led the Re- Evaluation team to recommend a conciliation process to be carried out principally by staff rather than by Commissioners. Where this was unsuccessful, the complaint was to be referred to the (then) Proceedings Commissioner to...

6. Herman, Wang, Howatt, Li, Thornhill, Gilchrist, Barnao, Watson v CAC10100 & Jackman [2012] NZREADT 60 [pdf, 105 KB]

   ...a customer or client will nevertheless usually be guilty of unsatisfactory conduct under the Act subject to the “mere conduit” principles discussed below. This is consistent with the purpose of the Act to promote and protect the interests of consumers in respect of transactions which relate to real estate and to promote public confidence in the performance of real estate agency work. It is also consistent with applicable principles under the Fair Trading Act 1986. Fair Trading Ac...

7. Clarken v Carling [pdf, 138 KB]

   ...the butyl rubber gutter linings or that the butyl rubber upstands are inadequate at any point in the gutter construction and it would seem to me that if water was penetrating the dwelling because it overflowed the gutter, evidence of same and consequential damage would be reasonably apparent along the entire length of the parapets; it is not, and that much was obvious from Mr Probett’s photos (PIC 002,003,004) and from the site visit. I am satisfied that the evidence discloses t...

8. Schiller-Cooper v Lozano [2013] NZIACDT 1 (08 January 2013) [pdf, 233 KB]

   ...competence, application of skill, honesty, disclosure and propriety are shared by a wide range of professionals. Immigration advisers have much in common with other professionals. Section 3 of the Act affirms it is intended to protect the interests of consumers receiving immigration advice, which corresponds to the 10 duties other professionals have to the public engaging their services. The issue is properly understood under the Act as whether there has been a breach of d...

9. TR v NI LCRO 109 / 2011 (21 February 2013) [pdf, 199 KB]

   ...claim was well-founded and could be supported. [76] Following receipt of the plaintiff’s briefs of evidence, CCL responded with observations as to what they considered were weaknesses in TR and TS’s claim. These included: The claim for consequential loss was speculative and no valuation evidence had been adduced. The details of the proposed amendment to the Statement of Claim would not assist the plaintiffs and any additional costs incurred by them by reason of changes to...

10. LCRO 28/2017 HK v TX (31 May 2019) [pdf, 205 KB]

    ...itself constitute a sufficient and adequate penalty, without need for more. [156] I am satisfied that Mr TX’s conduct was unsatisfactory in terms of ss 12(b) and 12(c) of the Act. [157] Section 156 of the Act provides for a power to make orders consequential on an unsatisfactory conduct finding, some of which are punitive, others remedial, restorative or financial, following a determination under s 152(2)(b) that there has been unsatisfactory conduct on the part of a practitione...