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1. Jackman v CAC 10100 & Raos [2011] NZREADT 31 [pdf, 152 KB]

   ...architecture. To practice architecture means to offer or render services in connection with the design and construction of a building, or group of buildings and the space within the site surrounding the buildings, that have as their principal purpose human occupancy or use. Etymologically, architect derives from the Latin architectus, itself derived from the Greek arkhitekton (arkhi-, chief + tekton, builder), i.e. chief builder. Professional, an architect’s decisions affect publi...

2. [2023] NZEnvC 162 Allison v Clutha District Council [pdf, 2.7 MB]

   ...preparation work must comply with the limits recommended in and shall be measured and assessed in accordance with New Zealand Standard NZS 6803:1999 Acoustics - Construction Noise. 20. If the consent holder: 8 (a) discovers koiwi tangata (human skeletal remains), waahi taoka (resources of importance), waahi tapu (places or features of special significance) or other Māori artefact material, the consent holder must without delay: (i) notify the Consent Authority, Tangata whe...

3. [2023] NZREADT 5 – KM v Real Estate Agents Authority (CAC 2102) (20 March 2023) [pdf, 205 KB]

   ...sent to the husband but not to the appellant.2 This was an unfortunate 2 There is evidence the email was copied to the licensee, but there is no evidence before the Tribunal it was copied to the husband; see the Appeal Bundle at 216. 8 human error by a trainee administrator. This was also why the purchaser’s name was left off the unconditional notice. [42] On 20 December 2021, the licensee sent a statement to the Authority formally responding to the complaint. She s...

4. Chand and Kumari v Prakash [2012] NZIACDT 85 (3 December 2012) [pdf, 178 KB]

   ...the conclusions that it did”. [4.3] The issue relating to withholding the passport was in isolation, and in contrast with his usual conduct. [4.4] Mr Prakash was under heavy work pressure at the time, and the issue was an isolated example of human frailty. [5] Mr Laurent addressed the issue of potential loss of licence. The Tribunal had signalled the allegations were sufficiently serious for that to be in issue. [6] Mr Prakash had a lengthy history in providing immigration servic...

5. Motiti Rohe Moana Trust and Royal Forest Bird Protection Society Inc. Submissions - 27 November 2017 [pdf, 295 KB]

   ...decision in Glenharrow Holdings Ltd [2003] 1 NZLR 236 (HC); affirmed on different grounds by the CA in Glenharrow Holdings Ltd v A-G [2003] 2 NZLR 328. 41 Casebook tab 3 11 Unlawful purposes involve control of fisheries and fishery resources for human utilisation now or in the future, 42 the latter being Fisheries Act purposes. 36 The RMA is familiar with overlapping functions and purposes: both intra-Council43 and inter-Council.44 It is also familiar with functional overlap as b...

6. [2024] NZEnvC 107 Royal Forest and Bird Protection Society of New Zealand Incorporated v Waipa District Council [pdf, 1.3 MB]

   ...Trimming, pruning or removal of trees or vegetation inside Bat Habitat Areas (a) The extent to which the removal of the tree(s): (i) Will avoid serious damage to structures, property and infrastructure; and/or (ii) Is necessary for saving or protecting human life or health. (b) Whether alternatives which would avoid the need to remove the tree(s) have been adequately considered, including trimming or pruning. (c) The ecological values of the tree(s) which are proposed to be removed a...

7. Estate of Buist v Accident Compensation Corporation (Revocation of Cover/Suspension of Entitlements) [2024] NZACC 017 [pdf, 331 KB]

   ...section 20(2)(e) to (h)). Section 25(1)(a)(i) provides that “accident” means a specific event or a series of events, other than a gradual process, that involves the application of a force (including gravity), or resistance, external to the human body. Section 25(3) notes that the fact that a person has suffered a personal injury is not of itself to be construed as an indication or presumption that it was caused by an accident. [39] In Johnston,5 France J stated: [11] It is c...

8. CAC 20005 v McGowan [2014] NZREADT 92 [pdf, 74 KB]

   ...have been rather profitable to the defendant; but we can accept that much marketing work was required by the defendant to achieve the outcome of five section sales to that person referred to the defendant by the complainant. [51] On the one hand, human relations blow-ups in the work place occur from time to time but, on the other hand, real estate salespeople are engaged in an important profession and should always act in a professional manner. We consider that the defendant failed to...

9. Returning-Offenders-Management-and-Information-Act-2015_FINAL.pdf [pdf, 1.6 MB]

   ...this paper. 48 Generally, returning offenders are likely to have multiple and complex needs for which they will need support. There are a range of health and disability services available to returning offenders once they arrive in New Zealand. Human Rights 49 The proposals engage the following rights under the NZBORA: 49.1 section 25(g) which affirms the right, if convicted of an offence of which the penalty has been varied between the commission of the offence and sentencing, to th...

10. COVID-19 (Vaccinations) Legislation Bill [pdf, 247 KB]

    ...association are justified under s 5 of the Bill of Rights Act. Section 19 – Freedom from discrimination 42. Section 19(1) of the Bill of Rights Act affirms the right to freedom from discrimination on the prohibited grounds listed in s 21 of the Human Rights Act 1993 (HRA). 43. Discrimination under s 19 of the Bill of Rights Act arises where:14 a. there is differential treatment or effects as between persons or groups in analogous or comparable situations on the basis of a prohibi...