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1. [2023] NZEnvC 270 Port of Tauranga Limited [pdf, 3.3 MB]

   ...consequence, the Court’s discretion whether or not to grant consent to those parts of the application which are to be considered as RDAs under ss 104 and 104C of the RMA, which is to be exercised subject to the requirements of ss 6(e) and 7(a), requires careful consideration of the evidence relating to those requirements. [7] The applications by POTL are opposed by a number of entities representing tangata whenua on grounds which include effects on a number of cultural values and a...

2. 14.-Evidence-of-Dr-Jack-McConchie-Hydrology-Flooding-Groundwater-and-Water-Abstraction.PDF [PDF, 5 MB]

   Barristers and Solicitors Wellington Solicitor Acting: David Allen / Thaddeus Ryan Email: david.allen@buddlefindlay.com / thaddeus.ryan@buddlefindlay.com Tel 64 4 044 620450 Fax 64 4 499 4141 PO Box 2694 DX SP20201 Wellington 6011 ENVIRONMENT COURT OF NEW ZEALAND WELLINGTON REGISTRY I MUA I TE KOOTI TAIAO O AOTEAROA TE WHANGANUI-A-TARA ENV-2023-WLG-000005 Under the Resource Management Act 1991 In the matter of the direct referral of applications for resourc

3. 2021-03-15 D-G of Conservation opening subs [pdf, 246 KB]

   ...Wai 1. The National Policy Statement for Freshwater Management 2020 (NPSFM) sets out at 1.31 its fundamental concept – Te Mana o te Wai: (1) Te Mana o te Wai is a concept that refers to the fundamental importance of water and recognises that protecting the health of freshwater protects the health and wellbeing of the wider environment. It protects the mauri of the wai. Te Mana o te Wai is about restoring and preserving the balance between the water, the wider environment, and the co...

4. Hawkes Bay Standards Committee v McKay [2014] NZLCDT 20 [pdf, 64 KB]

   ...arrangement at the direction of H’s purported agent who, by the time of the relevant events, was also a director of JCR. All of this was known to the respondent. No security was provided for H for the performance of the buyback agreement or for protection against the very event which subsequently happened, with the loss of the property through a mortgagee sale. The respondent’s conduct in relation to H, including the use of the completed A and I form to complete the sale at an unde...

5. Matchitt v Butler - Matangareka 3B (2018) 189 Waiariki MB 74 (189 WAR 74) [pdf, 673 KB]

   ...consideration is that the payment must be just and reasonable in all the circumstances: 13 [91]…In making this assessment the Court must balance two competing considerations: that the office of trustee is generally gratuitous and beneficiaries must be protected from the claims of trustees; and second, the importance to beneficiaries that trusts be well administered and their interests advanced. 12 Marks v Orbell – Rowallan Block...

6. LCRO 74/2020 NS v AD (29 January 2021) [pdf, 285 KB]

   ...carried out by Mr NS. [5] Ms AD has not applied to review the Committee’s determinations in relation to the estate and sale matters. Accordingly, this decision relates only to the immigration work. Background Ms ND’s instructions: Domestic protection [6] In early 2017, Ms ND approached Ms G, a lawyer with her own law firm, to act for her in domestic protection proceedings involving her husband (the DV proceedings). [7] Ms G practised in [suburb A], from the floor of a bui...

7. OIA-120214.pdf [pdf, 5 MB]

   ...the matter to registrar to consider whether it should be placed on the Evatt list. Family DOORS Triage Framework: - DOOR 1 Client self-report – not just screening for victimisation but also for perpetration, high conflict, substance abuse, child protection issues. - DOOR 2 Enquiry – asks questions based off survey answers given. Identifies ability and willingness to access support. - DOOR 3 – Develop safety plan The Family Counsellor: - Concern originally that completing the surve...

8. [2011] NZEmpC 129 Patel v Pegasus Stations Ltd [pdf, 95 KB]

   ...as raised by the Plaintiff with the Defendant in the above correspondence is not couched as a personal grievance, but even if it were (denied) it is not raised in conformity with s114. It is phrased in the nature of a tort (breach of a duty of care) rather than a disadvantage personal grievance. 17. The Authority had no jurisdiction in tort. The Court’s jurisdiction in tort is limited to industrial action. 18. The forged signature issue as raised by the Plaintiff with the D...

9. Orsborn v CAC 20006 & Warwick Collier & JVL Prestige Realty Ltd [2012] NZREADT 73 [pdf, 51 KB]

   ...Rather, the appellants’ claim for compensation is seemingly based on the licensee’s and the agency’s unsatisfactory conduct in misrepresenting the features of the property in their advertising. [39] The Act was introduced specifically to better protect the interests of consumers in respect of real estate transactions. A key means of achieving that purpose was the creation of a wide range of discretionary orders available on findings of unsatisfactory conduct or misconduct, inclu...

10. GUY Scott Grahame (CSU 2010 PNO 261) [pdf, 409 KB]

    ...in whose care they were at the time they sustained fatal injuries. 46. With respect to the present case I am satisfied on the basis of the evidence and information available to me that there are no known suspects whose reputations need to be protected by a finding of fact as to the identity of the killer. Ruling 47. I am satisfied having regard to the purposes of a coroner’s inquiry that the circumstances of Mr Guy’s death have been adequately established in the course of...