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1. [2019] NZEnvC 109 Ngati Pukenga ki Pakikaikutu v Heritage NZ Pouhere Taonga [pdf, 6.8 MB]

   ...century which has resulted in the destruction of many archaeological and other sites of significance to them. 4 [8] As for this Site, Mr Parata claims that it has special significance to him and that he has been entrusted by his kuia with its protection. Further, Dr Des Kahotea, an archaeologist and anthropologist who was called by Ngati Pukenga to give evidence, considers that the Site includes an archaeological platform. [9] While Heritage NZ and Ms Scott acknowledge that the...

2. Brown v Otago Polytechnic (Strike-Out Application) [2014] NZHRRT 22 [pdf, 96 KB]

   ...cause of action within the jurisdiction of the Tribunal. Apart from references to a range of statutory provisions the defendant is left to guess how it has allegedly breached those provisions. For example the plaintiff does not claim to have made a protected disclosure yet he claims to have been discriminated against under section 66(1)(a) of the Human Rights Act 1993. He claims the defendant has breached section 21(b)(i) of that Act but does not disclose his marital status nor how tha...

3. [2017] NZEnvC 183 Doctors Flat Vineyard Ltd Rubicon Hall Road Ltd v Central Otago District Council [pdf, 4.2 MB]

   ...remain unpainted or painted in a recessive colour with an LRV of less than 30%; (i) retaining walls to be no greater than 2.5 metres in height; OJ rooftop structures to be unobtrusive with a low reflectivity ; and (k) historic water races to be protected by locating buildings in the southern parts of the lots5 [13] The applicant proposes to covenant the higher vineyard area (with high productive value) from residential developrnent for a period of 25 yearsB This area is currentl...

4. [2018] NZEnvC 087 Okura Holdings Limited & Others v Auckland Council [pdf, 11 MB]

   ...Local Government (Auckland Transitional Provisions) Act 2010 ZHI LI, JING NIU AND WEill YANG (ENV-2016-AKL-000196) Appellants OKURA HOLDINGS LIMITED (ENV-2016-AKL-000211 ) Appellant AUCKLAND COUNCIL Respondent ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED and LONG BAY-OKURA GREAT PARK PROTECTION SOCIETY INCORPORATED and OKURA RURAL LANDOWNERS GROUP Section 274 parties Environment Judge BP Dwyer Environment Commissioner RM Bartlett Environmen...

5. Lewis & Anor as Trustees of the Warren and Bronwyn Lewis Family Trust v Auckland City Council [pdf, 115 KB]

   ...all Respondents who wanted to, and I, could have re-inspected the dwelling before the commencement of the repair work and whilst the cladding was being removed, or once it was removed. I think it would have been particularly helpful to look carefully at the dwelling again, before repair work started, so that the issue of the cracking of the plaster could have been revisited in a practical way. Indeed, that was primarily what I was hoping to achieve. Instead, I was presented with...

6. LCRO 43/2021 CAT Ltd v ZEN Lawyers Ltd (28 October 2021) [pdf, 217 KB]

   ...director of ZEN) and Ms PQ, a staff solicitor, on 4 February 2019. [9] The discussion at the 4 February meeting first addressed issues relating to the flood insurance claim. Before further steps were taken on that matter, it was agreed that a careful examination of the terms of the commercial lease was required. Discussion on the issue of the flood insurance concluded with Mr JM advising the lawyers that he was experienced in reviewing commercial leases, and that he would peruse the...

7. LCRO 126/2023 EG v HJ (28 November 2023) [pdf, 283 KB]

   ...at… [Suburb B]… to [the creditor], if he was failing to pay $600K (the monies) back to [the creditor] on 26 March 2022. [The applicant] did fail to repay [the creditor] in full on 26 March 2022. [The creditor] at this point of time has right to protect his interested property not to be disposed of without having his consent. This could only be done by lodging a caveat against the [Suburb B] property. …. [The applicant] wrote another promissory statement saying that if the moni...

8. [2016] NZEmpC 42 ITE v ALA [pdf, 233 KB]

   ...accessed the defendant’s computer system and had deleted information from it but contended that he had done so because the information belonged to other organisations which were involved in the shared services project and deletion was necessary to protect their interests. [3] The parties attended mediation in an effort to resolve matters and settlement was reached. One of the terms of settlement 1 was that the plaintiff’s employment would come to an end on an agreed basis,...

9. International Covenant on Civil and Political Rights - summary record 4th report [pdf, 51 KB]

   ...sometimes augment, statutes, regulations and governmental practices. The courts were required by law to interpret a statute in accordance with the provisions of the BORA wherever possible. The courts now wielded considerable power in matters of protecting rights and freedoms. The Human Rights Act 2001 guaranteed implementation of the new judicial remedies which had been introduced to give effect to the rights guaranteed. Under the same Act, complaints relating to discrimination could b...

10. [2021] NZEmpC 167 UXK v Talent Propeller Ltd [pdf, 379 KB]

    ...[17] UXK had also argued there had been a breach of the suppression order. In the minute, the Authority said that issue was for the District Court. [18] The Authority made a further non-publication order, again on an interim basis. The order protected the parties’ names and the contents of the order of the District Court. The parties were directed to make submissions on whether the order should be made permanent at the outset of an investigation meeting which was pending at the...