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1. [2019] NZEnvC 056 Mackenzie District Council [pdf, 7.3 MB]

   ...Act.'9 Indeed, under this construction, Simons Pass would be permitted to change the natural environment while the Regional Council's decision to grant the water permit was still under appeal. 20 Pending the determination of the appeals, the protection afforded the ONL, and more generally the natural '4 That is, the water permit had not lapsed. '5 Decision A118/2006, Auckland , 28 August 2006 at [7]. '6 Decision C208/2001, Christchurch, 21 November 2001 at [...

2. [2009] NZEmpC AC 49/09 Norske Skog Tasman Ltd v Manufacturing and Construction Workers Union & Anor [pdf, 135 KB]

   ...AND JUDGE BS TRAVIS (Given by Chief Judge GL Colgan) [1] This case concerns the requirement of the Employment Relations Act 2000 (“the Act”) that every employment agreement must contain an employee protection provision (“EPP”) to take effect if the employer restructures its business. The key issue is whether the employer can proceed with restructuring if no such provision has been agreed. [2] In this case, the Authority determi...

3. [2024] NZEnvC 176 Waimarino Queenstown Limited v Queenstown Lakes District Council [pdf, 942 KB]

   ...consent process, particularly as it was apparent that the Council had not been monitoring these specific outcomes since the first subdivision consent was granted in 2006. [26] The undomesticated and development areas, once identified, are to be protected by way of a consent notice registered against the title to the lots authorised by the subdivision consent. That protection is intended to be for the benefit of all lot holders and the Council (see r 27.7.3, and corresponding land u...

4. Singh v Golian [2017] NZIACDT 14 (12 September 2017) [pdf, 189 KB]

   ...wished to pursue. [3] The adviser recommended that the complainant pursue a different approach to the one the complainant proposed. Instead, he suggested that the complainant should lodge an appeal on humanitarian grounds with the Immigration Protection Tribunal (“IPT”), and make a formal complaint to Immigration New Zealand (“INZ”) regarding its decision to decline his application for a work visa. After those approaches failed, the adviser recommended that the complainant...

5. Linney v Hart [pdf, 89 KB]

   ...‘tanking’ suitable for preventing moisture ingress into the dwelling. (Refer to Footnotes 1 at end of this section). iv) Backfill with drainage aggregate. 5.3.12 Replace damaged sections of wall cladding. Complete the wall cladding to ensure full protection from rain water and moisture vapour. 5.3.13 Seal the gap between fibrous cement ‘weatherboards’ and the sheet cladding below. Garage/Entranceway 10 Claim 1083:Determination 5.3.14 Field drains for...

6. Piper v Real Estate Agents Authority (CAC 408) & Ors [2017] NZREADT 32 [pdf, 239 KB]

   ...[8] In its substantive decision, the Committee upheld the complaints set out at paragraphs [7][a] and [c], above, finding that the appellants had breached a number of the Rules in the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”). The Committee did not uphold the complaints set out at paragraphs [7][b], [d], and [e]. In its penalty decision, the Committee made orders censuring or reprimanding each of the appellants, ordered Mr Ebert...

7. Family Court Rewrite Submission - Court Staff Member (2) [pdf, 182 KB]

   ...that this takes place every three years. Agreed PTS be kept as a free service. Agreed. 3 Out-of-court processes Introduction of Family Dispute Resolution (FDR) FDR should be available at the most appropriate time for parents, caregivers and their whänau, whether or not an application to court has been made. Agreed. Where an application to court has been made but FDR not undertaken, the matter be referred to FDR, unless good reasons are given not to (rebuttab...

8. TB v KP LCRO 174/2016 [pdf, 167 KB]

   ...recently engaged by Mr KP’s firm, sent a reply in terms contending that Ms CT’s letter had asserted “unsubstantiated threats”.1 The letter went on to refer to various provisions of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 so as to suggest breaches of those by Ms CT. The letter ended with a suggestion that Ms CT should “seek independent legal advice regarding legal professional ethics”. [4] Mr TB’s initial reaction to this lette...

9. [2016] NZEmpC 67 Bay of Plenty DHB v Rahiri [pdf, 143 KB]

   ...and only very general guidance can be drawn from the leading cases. This case is no exception. [10] It is also pertinent to note that the relevant legislation, that is the Act and appropriate parts of the so-called minimum code of legislative protection of employees, does not differentiate between classes of employees or, indeed, define employees for gate-keeping purposes, as ‘permanent’, ‘part-time’ or ‘casual’. All that the Act requires is that there was an employmen...

10. ENVC Hearing 6Oct14 AT evidence chief Appendix A 2012 bylaw [pdf, 208 KB]

    ...Explanatory Note This bylaw made pursuant to section 22AB of the Land Transport Act 1998, allows for Auckland Transport as the road controlling authority to set requirements for parking and control of traffic on roads under the care, control, or management of Auckland Transport. This bylaw revokes and replaces transport-related bylaws made by the previous local authorities of Auckland. This explanatory note is for information purposes only and does not form part of th...