Search Results

1. Federated Farmers of New Zealand.pdf [pdf, 582 KB]

   ...3.11.4.8 needs to ensure consistency with the rest of the regulatory framework in terms of vegetable production expansion Table 1: Sub-catchments with Commercial Vegetable Production growth areas … (a) The Panel’s reasoning is wrong at law. Policy 3(d) refers to “recognition of the contribution to people and communities from commercial vegetable production consistent with Te Ture Whaimana o Te Awa o Waikato…” This is a misinterpretation of Te Ture Whaimana. Unde...

2. Complaints Assessment Committee 416 v Prasad [2019] NZREADT 001 [pdf, 251 KB]

   ...receive as evidence any statement, document, information, or matter that may, in its opinion, assist it to deal effectively with the matters before it, whether or not that statement, document, information, or matter would be admissible in a court of law. [60] Section 109 is subject to s 105, pursuant to which the Tribunal must comply with the rules of natural justice. In this case, except for Mr Jafari, we only had the investigator’s brief notes. We did not have statements of evi...

3. [2021] NZEnvC 160 Auckland Council [pdf, 609 KB]

   ...approach to s 314(1)(f). [31] I am aware of a later decision of the Court, James v Waikato Regional Council 50 where the Court found with reference to Nanden that s 292 only applied to operative plans. [32] Having regard to the differing case law I consider that a context approach to the interpretation of s 314(1)(f) is required. I note that the definition of plan in the Act is preceded by the words “…unless the context requires another meaning…”. There is good reason...

4. NZCVS topical report - Offences against New Zealand adults by family members (data tables) [xlsx, 121 KB]

   ...partner (husband, wife, partner, boyfriend or girlfriend), ex-partner (previous husband, wife, partner, boyfriend or girlfriend), or other family member (parent or step-parent; parent’s partner, boyfriend or girlfriend; son or daughter including in-laws; sibling or step-sibling; other family members including extended family). Though we use the term ‘offences’, the information is based on survey respondents’ experiences and they may not reflect incidents that have been through a formal...

5. Director of Human Rights Proceedings v Attorney-General [2020] NZHRRT 45 [pdf, 626 KB]

   ...damning phrase “Police recommend this person does not have unsupervised access to children, young people or more vulnerable members of society”. This was the first time that Mr Smith became aware of the red stamp. [11] Mr Smith engaged a lawyer to contact the Police on his behalf, to attempt to have the red stamp removed. Despite further correspondence between Mr Smith’s lawyer and the Police, the position of the Police remained unchanged. The Police would not remove the red

6. [2022] NZEnvC 105 Meridian Energy Limited v Mackenzie District Council [pdf, 735 KB]

   ...address relevant legal principles as to scope and these are now well- 10 Clearwater Resort Limited v Christchurch City Council, HC Christchurch AP34/02, 14 March 2003. 8 settled, particularly in the consideration of plan changes. [18] By law, any submission must be “on” the notified plan change for a local authority to be able to consider it (Sch 1, cls 6, 8, 10(1); see Motor Machinists).11 Allowance is given for “matters relating to any consequential alterations neces...

7. OIA-100246.pdf [pdf, 1.4 MB]

   ...early. In Christchurch one lawyer explained: Previously the Police wouldn’t charge for really low-level offences [and] would seek other resolutions, but now that’s all going through the courts7 Another said: Due to new domestic violence laws, minor domestic violence, [the Police] are charging the higher charges. Defendants are then making 7 The Police, on the other hand, see this as part of a broader societal shift in how Police and the Courts are viewed by many offenders....

8. Kek, Bayley, Bayleys Real Estate Ltd v CAC409 & C & S Morris [2019] NZREADT 26 (20 June 2019) [pdf, 278 KB]

   ...salesperson. [3] Ms Kek marketed the property with written advertising material which included the following statements: High 3.2 metre stud ceilings make the enormous open-plan living and dining feel even more generous … … expansive level lawn – where there’s room for a pool – It was completed with piling and full cavity system with H5 treated timber. [4] On 17 March 2014, Mr and Mrs Morris entered into an agreement to buy the property for $2.5 million, subject to a...

9. La Grouw as Trustee of the GJ Peacocke Trust v Rantin & MRA Architects Ltd [2011] NZWHT Auckland 8 [pdf, 178 KB]

   ...[85] In Sunset Terraces, Heath J addressed the question of the difference between design and construction details and sated that the question will always be one of fact and degree. He stated that the difficulty lies in the application of the law to particular facts and the need to determine whether any errors on the part of the designer were causative of loss to the claimants. [86] In addressing those issues, his Honour described the differences between architects, architect...

10. [2021] NZEmpC 129 Caddy v Vice-Chancellor, University of Auckland [pdf, 371 KB]

    ...the review. [4] Despite performing at the highest level as a researcher,2 as a result of this restructure Dr Caddy was made redundant. [5] She says that her dismissal was unjustified and that the restructure was substantively and procedurally flawed. In particular, she takes issue with the decision not to redeploy her into a new role in the School. She seeks reinstatement. [6] The University says the restructure was necessary and followed a fair process. It says Dr Caddy’s jo...