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1. [2017] NZEmpC 77 Idea Services Ltd v Crozier [pdf, 413 KB]

   ...that the Court’s task is to examine objectively the employer’s decision-making process and determine whether what the employer did, and how it was done, were what a fair and reasonable employer could have done. 18 Recently, the Court of Appeal discussed s 103A, observing: 19 [46] It is apparent that the effect of the statute is that there may be a variety of ways of achieving a fair and reasonable result in a particular case. As the Court in Angus observed, the requirem...

2. [2022] NZEnvC 157 Mangawhai Harbour Restoration Society v Northland Regional Council [pdf, 1 MB]

   Topic 15: Mangroves IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2022] NZEnvC 157 IN THE MATTER OF appeals under clause 14 of the First Schedule of the Resource Management Act 1991 regarding Topic 15 Mangrove Provisions – Proposed Northland Regional Plan BETWEEN MANGAWHAI HARBOUR RESTORATION SOCIETY INCORPORATED (ENV-2019-AKL-110) CEP SERVICES MATAUWHI LIMITED (ENV-2019-AKL-111) BAY OF ISLANDS MARITIME PARK IN...

3. Appendix-14-Regional-Councils-Response-to-combined-request-for-information-under-section-92.pdf [pdf, 538 KB]

   ...planting is through: • proposed designation Condition DLV1 Landscape planting; and • proposed Condition RWB3 Natural character planting. Technical Assessment H – Water Quality 45 MWRC and GWRC Regarding Para 50 (Page 26), as all of the appeals have been determined by consent order and are deemed operative, could the Applicant please undertake an assessment of: a. the current state of the waterways affected by this proposal within the Greater Wellington Region in com...

4. Scope of inquiry Minute October 2021 plus appendices [pdf, 720 KB]

   ...the scope of the inquiry. The nature of the inquiry is prescribed by the Act and it is well established that an inquest is a fact finding exercise, not a method of apportioning guilt. [38] This is consistent with other jurisdictions. The Court of Appeal for England and Wales in Coroner for the Birmingham Inquests (1974) v Hambleton observed:12 A decision on scope represents a coroner’s view about what is necessary, desirable and proportionate by way of investigation to enable...

5. ENVC Matiatia party correspondence - WML Feb15 - affidavit M Dunn [pdf, 17 MB]

   ...days of notification of the decision. Council will as soon as practicable consider the objection at a hearing. Pursuant to Section 116, the PageS Annexure L - Auckland Council Car Park Consent consent will not commence until any objection or appeal has been withdrawn or decided. SECTION 104 DETERMINATION - R1LUC/2010/210 Having considered the submitted application mBterial and all relevBnt statutory considerations, I concur with the foregoing assessment. As such, acting under de...

6. Directory of Official Information D-F [pdf, 989 KB]

   ...Entry last updated on 31 January 2022 Te Ope Kaatua o Aotearoa Acts administered Legislation administered by the New Zealand Defence Force (NZDF): • Armed Forces Canteens Act 1948 • Armed Forces Discipline Act 1971 • Courts Martial Appeals Act 1953 • Defence Act 1990 • Military Decorations and Distinctive Badges Act 1918 • Military Manoeuvres Act 1915 • Visiting Forces Act 2004 Functions and responsibilities The Defence Act 1990 provides for armed forces to...

7. B R L v EQC & IAG New Zealand Ltd [2020] CEIT-2020-0051 [pdf, 934 KB]

   ...I went to the trouble of advising the parties at the conclusion of the hearing of the likely outcome but am pessimistic about them using the opportunity to resolve their dispute when they can await the release of the decision and challenge it on appeal if necessary. What BRL seeks [8] BRL seeks the following declarations: (a) that the claim is over the EQC statutory cap and that EQC pay BRL $115,000 including GST, less any excess; (b) that the insured building has suffered earthqu...

8. Strengthening the family justice system - Word version [docx, 1.2 MB]

   ...psychologists are on Immigration New Zealand’s Long Term Skill Shortage List). [bookmark: _Toc532559474]Changes we’re considering We acknowledge the value that psychological reports bring to the Family Court, and we’re aware this work has limited appeal to psychologists. The shortage of psychologists is a complex problem that likely needs addressing from many angles. We consider that, within its responsibilities for the Family Justice Service, the Ministry of Justice should look at measu...

9. [2024] NZEnvC 189 Gisborne District Council v China Forestry Group New Zealand Company [pdf, 4.3 MB]

   ...abatement notices to CFG and Mr Sun, requiring removal of debris and other waste material, among others. Individuals associated with or working for WMS also received notices, but they were re-issued to WMS on 22 March 2023. None of the notices were appealed. [47] Before any meaningful works to remove or stabilise debris could be carried out, Cyclone Hale struck on 10-11 January followed by Cyclone 18 Gabrielle on 13-14 February 2023, causing region-wide flooding and landslide...

10. 2020-10-12-Key-Issues-Report-9-October-2020-Appendices.pdf [pdf, 16 MB]

    ...minimum flow and allocation limits for some of the larger catchments (e.g. the Taieri, upper Manuherekia, Luggate, and Pomahaka). The most recent of the plan changes (PC5A - Lindis: Integrated water management) was notified in 2013 and is still under appeal in the Environment Court where appellants have disputed its proposed minimum flow limit. 13 Another plan change (PC6A) on water quality became operative in 2014 but also provided for a deferment of the rules for limiting n...