Search Results

1. 2020-03-18-ORC-PC7-s-32-Report.pdf [pdf, 614 KB]

   ...Waitangi (Te Tiriti o Waitangi). The Treaty principles are used in a number of statues but are not defined in legislation. The principles relate to the obligations of the Crown under the Treaty of Waitangi and have been derived predominantly from Court of Appeal decisions in relation to cases under the State-Owned Enterprises Act 1986. The principles are: • The two parties to the Treaty must act reasonably towards each other and in utmost faith; • The Crown must make informed decision...

2. [2019] NZEnvC 131 Minister for Children [pdf, 5.3 MB]

   ...Government (Girls Training Centre) Change to designation to allow facility to be used for boys Boys and young men and girls and young women for youth justice (including adult jurisdiction) and 50 care and protection 1993 Settlement of appeals and Social Welfare Purposes: residence confirmation of amended Designation for the care and control (including detention) of children and young persons. (included conditions) 1995 Modified Designation requested for inclusion i...

3. [2012] NZEmpC 63 Rooney Earthmoving Ltd v McTague Whiting and Bartlet [pdf, 304 KB]

   ...been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it. [20] Mr Billington QC, now lead counsel for REL, cited McElroy Milne v Commercial Electronics Ltd. 10 The Court of Appeal in McElroy Milne accepted the classic statement from Hadley but noted that it was not to be regarded “as either Holy Writ or statute”. 11 The Court also accepted that the starting point and basic principle is that the injured pa...

4. [2024] NZEnvC 101 Pascoe v Minister for Land Information [pdf, 371 KB]

   ...Zealand Transport Agency (NZTA - the Government Agency responsible for the Project) obtained approval of resource consents and a notice of requirement under the Resource Management Act 1991 (RMA) allowing the Project from the Environment Court on appeals by way of an interim decision dated 18 December 2019 (the interim decision), a final assessment dated 10 March 2021 and a final decision dated 1 April 2021 (the final decision).1 [4] This decision addresses the Pascoes’ objection...

5. [2024] NZEnvC 173 Habitus Group Limited v Christchurch City Council [pdf, 23 MB]

   CONSENT ORDER – HABITUS GROUP LTD v CCC IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2024] NZEnvC 173 IN THE MATTER of the Resource Management Act 1991 AND an appeal under s120 of the Act BETWEEN HABITUS GROUP LIMITED (ENV-2024-CHC-7) Appellant AND CHRISTCHURCH CITY COUNCIL Respondent Environment Judge K G Reid – sitting alone under s279 of the Act In Chambers at Christchurch Date of Consent Order: 18 July 2024...

6. [2024] NZEnvC 101 Pascoe v Minister for Land Information [pdf, 371 KB]

   ...Zealand Transport Agency (NZTA - the Government Agency responsible for the Project) obtained approval of resource consents and a notice of requirement under the Resource Management Act 1991 (RMA) allowing the Project from the Environment Court on appeals by way of an interim decision dated 18 December 2019 (the interim decision), a final assessment dated 10 March 2021 and a final decision dated 1 April 2021 (the final decision).1 [4] This decision addresses the Pascoes’ objection...

7. Smith v Wellington City Council [pdf, 146 KB]

   ...the High Court that adjudicators did not have the power to make awards of general damages. This was in a judgment by Stevens J in Hartley v Balemi & Ors, Auckland High Court, CIV 2006-404-002589, 29 March 2007. This judgment considered an appeal against a WHRS adjudication Determination, in which the learned judge held that general damages claims for mental stress did not fit comfortably within the overall scheme of the WHRS legislation and its underlying policy consideration...

8. [2012] NZEmpC 90 Walker v Procare Health Ltd [pdf, 313 KB]

   ...irreconcilable breakdown that had developed in the employment relationship. [80] The requirement that the employee must be shown to have been substantially responsible for the irreconcilable breakdown had earlier been confirmed by the Court of Appeal in Reid v New Zealand Fire Service Commission. 8 Mr Reid had been a professional fire-fighter for more than 22 years and from all accounts he had been a competent fire-fighter but he had also been, as this Court had found, “at the...

9. Young people & infringement fines: a qualitative study [pdf, 139 KB]

   ...therefore advocate on their children’s behalf with the Collections Unit. This may involve writing letters, negotiating repayments with the Collections Unit, or assisting their children with general advice. They consider that they have greater success in appealing fees and making arrangements to pay than their children would if they were to manage their fines on their own. Parents comment that more mature Collections Unit staff who have been exposed to a range of life experiences are genera...

10. [2020] NZEnvC 211 Panuku Development Auckland Ltd v Auckland Council [pdf, 2.3 MB]

    ...,,,,._ ~ ~i 3/ BEFORE THE ENVIRONMENT COURT AT AUCKLAND I MUA I TE KOTI TAIAO O AOTEAROA Kl TAMAKI MAKAURAU IN THE MATTER AND BETWEEN AND AND Decision No. [2020] NZEnvC 2( \ of the Resource Management Act 1991 (the Act) of an appeal pursuant to s 120 of the Act PANUKU DEVELOPMENT AUCKLAND LIMITED (ENV-2018-AKL-000176) Appellant AUCKLAND COUNCIL Respondent R Peters and R Bannan R Dexter and A Modrow N Smith P Lange L Whiley s 27 4 parties Court: E...