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1. Broome v Auckland Council [2017] NZWHT Auckland 1 [pdf, 328 KB]

   ...September 2016), [1] - [5]. 25 Transcript of Proceedings at 28, [24] - [27]. 26 At 7, [15] - [22]. 23 (b) Issuing the CCCs for all work under the building consent. [100] The claim alleging the existence of the duty of care is orthodox. The law is settled that a Council owes such a duty of care when carrying out its statutory and regulatory functions.27 [101] The Trust alleges that in breach of that duty of care the Council: (a) Passed inspections of the deck membrane;...

2. [2017] NZEnvC 160 Auckland Council v Lau [pdf, 2.3 MB]

   ...Council and I further accept that Ms Laurenson was entitled to draw the conclusions which she has from that information. [10] What counsel described as the common thread running through all the enforcement order applications is the number of unlawful dwellings on each property. Central to consideration of the dwelling issue are definitions of dwelling 1 Dwelling: Living accommodation used or designed to be used for a residential as a single household residence contained within one or...

3. Andrew Michael Collins - Evidence in Chief [pdf, 1.4 MB]

   ...30 years' planning a·nd resource management experience. I have worked as a planner in both the public and private sector, mainly the latter. I am a full member of the New Zealand Planning Institute and also a Member of the Resource Management Law Association of New Zealand. 1.3 During my career, I have been involved in a large number of resource consent, designation, and plan making processes relating t o both district and regional issues, and as a result have been involved in many...

4. [2020] NZEnvC 104 Lindis Catchment Group Incorporated v Otago Regional Council [pdf, 3.7 MB]

   ...comment at this stage (issues may arise for tributary takes). 4. Result [63] Issuing this earlier decision on only one consent has an advantage that we can obtain feedback from the parties on whether our suggested drafting changes are workable (and lawful), in particular on the volunteered standard condition relating to the Water Management Group. We will make orders - with a fairly tight timetable for responses - accordingly. [64] Our hope is that this decision and the responses t...

5. MOJ0504-Making-parenting-arrangements-workbook-Tongan.pdf [pdf, 2.8 MB]

   ...mo ha loea ‘E ala tokoni hano ma‘u ‘o ha fale‘i meí ha loea. Kapau ‘oku ‘ikai ke ke fakapapau‘i pe te ke lava ‘o totongi ha loea, ‘e ala tokoni ke ke talanoa mo ha tokotaha ‘i ho‘omou Senitā Lao ki he Komiunitií (Community Law Centre). Te ke ala lava foki ‘o ma‘u atu ha tokoni meí he Sēvesi Fale‘i Fakalao ma‘á e Fāmilí (Family Legal Advice Service), ‘a ia ‘oku lava ai ke ke fakataha mo ha loea ‘i he ngaahi fuofua taimi ‘oku hoko ai ha māvae pe...

6. Mairs v The Real Estates Agents Authority (CAC 413) NZREADT 9 [pdf, 819 KB]

   ...which were recorded in the officer’s notebook. Mr Mairs said that he was meeting a client at the address and that he went early to have a shower on the property and that he took the keys from “Dave’s desk”. Mr Mairs was arrested for being unlawfully on the property but the charges against him were subsequently withdrawn. [6] While it was not agreed that that was the case, the Tribunal concludes that the reference to the keys being taken from “Dave’s desk” is a referenc...

7. [2019] NZEnvC 116 Te Runanga o Ngati Awa v Bay of Plenty Regional Council [pdf, 11 MB]

   ...that they would present their submissions in reply on the basis of both versions of the translation, without relying on one over the other or arguing that the Court should give more weight to one version over the other. [11] No statutory or case law authority was submitted to me in support of the application. I proceed on the basis of the Court's broad powers in relation to procedure (s 269 RMA) and evidence (s 276 RMA). I note thats 276(3) RMA expressly provides for the Court...

8. People charged and convicted of homicide offences June 2022 [xlsx, 115 KB]

   ...each year. In some instances, ethnicity information is not recorded by Police, such as when the process for charging people involves a summons. Ethnicity information is also not recorded when a charge is prosecuted by an agency other than Police, Crown Law or Corrections (e.g. Inland Revenue, Ministry of Social Development, and Ministry of Primary Industries). Age is the person's age at the offence date of their most serious offence each year. A small number of records in the Ministry of J...

9. [2018] NZEnvC 111 Fright v Christchurch City Council [pdf, 7.8 MB]

   ...of the application [6] The site is located within the Residential Suburban Zone. The proposal does not comply with the standards for a "convenience activity" for this Zone, and falls to be assessed as a discretionary activity. 3 The law [7] Section 104 of the Resource Management Act 1991 provides that when considering the application for resource consent and any submissions received, the court must, subject to Part 2, have regard (relevantly) to: • any actual and pot...

10. People with finalised charges and convicted of homicide offences June 2023 [xlsx, 114 KB]

    ...each year. In some instances, ethnicity information is not recorded by Police, such as when the process for charging people involves a summons. Ethnicity information is also not recorded when a charge is prosecuted by an agency other than Police, Crown Law or Corrections (eg Inland Revenue, Ministry of Social Development, and Ministry of Primary Industries). A small number of records in the Ministry of Justice database are missing some details. Blank or missing details are labelled as Unknown....