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1. [2017] NZEnvC 165 Yaldhurst Quarries Joint Action Group v Christchurch City Council [pdf, 5.2 MB]

   ...(CA). 7 Dye v Auckland Regional Council (CA) at [38]-[39]. 6 [18] There has been considerable discussion on the general principles to be distilled from Dye. The discussion is summarised by Judge Thompson for the court in Outstanding Landscape Protection Society Incorporated v Hastings District Council:8 [51] There is a passage in the Court of Appeal's judgment in Dye v Auckland Regional Council [2001] NZRMA 513 which, taken literally, appears to hold that cumulative effect...

2. 2020-10-09-ORC-PC7-s-149G3-Key-Issues-Report-Appendices.pdf [pdf, 6.2 MB]

   ...board of inquiry difficult in a short timeframe whereas the Environment Court process would provide surety in terms of progressing a decision on the matter. Appendix A Page 2 of 2 In reaching my decision I considered: a) The Environmental Protection Authority recommendation that I refer the matter to the Environment Court; b) The views of the Otago Regional Council, being the applicant and the relevant local authority that would have processed and decided the matter if I had n...

3. [2023] NZEmpC 221 Cronin-Lampe v The Board of Trustees of Melville High School [pdf, 1 MB]

   ...Appeal which emphasised that relevant assessments had to take account of the current state of knowledge and not be made with the benefit of hindsight. [26] The applicable dicta from Attorney-General v Gilbert is as follows:11 [83] The standard of protection provided to employees by the Health and Safety in Employment Act is however a protection against unacceptable employment practices which have to be assessed in context. That is made clear by the definition of “all practicabl...

4. [2017] NZEnvC 130 Butterbee Childcare Limited v Auckland Council [pdf, 972 KB]

   ...Council. The CTMP shall contain sufficient detail to address the following matters: measures to ensure the safe and efficient movement of the travelling public (pedestrians, vehicle occupants, cyclists etc.), restrict hours of vehicle movements to protect amenity of surrounding environment during earthworks phase, etc. All construction works shall be carried out in accordance with the approved CTMP. The CTMP shall include, but not be limited to, the following restrictions: a. During c...

5. [2022] NZREADT 7 - WM & NU v Real Estate Agents Authority (28 April 2022) [pdf, 317 KB]

   ...to the Real Estate Agents Authority (the Authority) concerning the representation as to early occupation. A Complaints Assessment Committee (CAC 1906) (the Committee) found breaches of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Rules) and therefore unsatisfactory conduct on the part of Mr Cartwright. It later made various penalty orders. [3] The complainants appeal against the penalty orders. Mr Cartwright appeals against the findings of b...

6. LCRO 76/2022 & 81/2022 PF v BA (13 May 2024) [pdf, 243 KB]

   ...rr 3.2 and 6 as the basis for this finding. These Rules provide: Rule 3.2: A lawyer must respond to inquiries from the client in a timely manner. Rule 6: In acting for a client, a lawyer must, within the bounds of the law and these rules, protect and promote the interests of the client to the exclusion of the interests of third parties. [110] It is self-evident why these Rules are not applicable. [111] However, the number of rules that have been breached does not affect the fact...

7. [2023] NZEmpC 179 Pyne v Invacare New Zealand Ltd [pdf, 255 KB]

   DARREN PYNE v INVACARE NEW ZEALAND LIMITED [2023] NZEmpC 179 [25 October 2023] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2023] NZEmpC 179 EMPC 212/2022 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN DARREN PYNE Plaintiff AND INVACARE NEW ZEALAND LIMITED Defendant Hearing: 10-11 and 19-20 July 2023 Appearances: P Pa’u, advocate...

8. Waitangi Tribunal - Wai 2200 6.2.2 Scoping report [pdf, 2 MB]

   ...appear in a general education report. • Consider the issues of water resources, such as lakes and rivers and Maori concern for these historically within the Inquiry District. Lake Horowhenua is an obvious example, but the Manawatu River flood protection works’ impact on Maori lands, particularly around Rangiotu, should be commented upon. The focus will likely be on pollution and degradation of the Manawatu, Oroua, Rangitikei, and Turakina Rivers. The former two receive effluent fr...

9. Waitangi Tribunal - Wai 2200 7.2.2 Scoping report [pdf, 2 MB]

   ...appear in a general education report. • Consider the issues of water resources, such as lakes and rivers and Maori concern for these historically within the Inquiry District. Lake Horowhenua is an obvious example, but the Manawatu River flood protection works’ impact on Maori lands, particularly around Rangiotu, should be commented upon. The focus will likely be on pollution and degradation of the Manawatu, Oroua, Rangitikei, and Turakina Rivers. The former two receive effluent fr...

10. [2023] NZEnvC 152 Airbnb Australia Pty Limited v Christchurch City Council [pdf, 1.1 MB]

    AIRBNB AUSTRALIA PTY LIMITED v CCC – PC4 – CONSENT ORDER IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2023] NZEnvC 152 IN THE MATTER of the Resource Management Act 1991 AND an appeal under clause 14 of the First Schedule of the Act regarding Proposed Plan Change 4 to the Christchurch District Plan BETWEEN AIRBNB AUSTRALIA PTY LIMITED (ENV-2022-CHC-19) Appellant AND CHRISTCHURCH CITY COUNCIL Respondent Environme