Search Results

1. [2019] NZEnvC 208 Aratiatia Livestock Limited v Southland Regional Council [pdf, 11 MB]

   ...in favour of the provisions of the proposed plan.11 8 RMA, s 290(1). 9 RMA, s 66(2A)(a). 10 RMA, s 290A. 11 Hibbit v Auckland Council [1996) NZRMA 529 (PT) at 533. 7 [15] Finally, because the pSWLP was publicly notified in June 2016, the applicable version of the RMA includes all amendments up to that date, inclusive of the Resource Management Amendment Act 2013 (but does not include the extensive amendments made by the Resource Legislation Amendment Act 2017). National sign...

2. Interim Regulatory Impact Statement: Consultation options for adoption law reform [pdf, 857 KB]

   ...developed through the interaction of the law and the operational practice of Oranga Tamariki and other agencies, such as: • support and information for participants in the adoption process • the processes for assessing the suitability of adoptive applicants; and, • any arrangements for post-adoption contact between a person who is adopted and their birth family and whānau. Government, the courts and accredited agencies’ role in the adoption process Oranga Tamariki Oran...

3. [2011] NZEmpC 39 NZ Defence Force v PSA [pdf, 92 KB]

   ...Anthea Williams, Counsel for the Plaintiff Mr Peter Cranney and Caroline Mayston, Counsel for the Defendant Judgment: 20 April 2011 JUDGMENT OF JUDGE A D FORD Introduction [1] Essentially, this challenge is about the interpretation and application of a provision in a collective employment agreement relating to annual leave entitlement. The issues are complex. The case is concerned with the historical position that existed during a defined period between 15 January 200...

4. ENVC paper Justice Without Barriers AIJA Conference 2015 [pdf, 456 KB]

   ...Principal Environment Judge Laurie Newhook (NZ), to the AIJA Conference: JUSTICE WITHOUT BARRIERS: Technology for greater access to justice. 21-22 May, Brisbane, Queensland, Australia Introduction [1] I commence with a fairly bold claim that I believe is backed by statistical analysis, that, in contrast to the situation about a decade ago, the Environment Court of New Zealand is one of the more efficient parts of the resource management (planning) system in the cou...

5. [2019] NZEmpC 75 Horizon Concepts Ltd v Hayward [pdf, 435 KB]

   ...Relations Authority held that Mr Hayward was Horizon Concepts’ employee and made a declaration accordingly.1 That determination was challenged by Horizon Concepts. Subsequently, the Authority removed the remaining matters before it, relating to claims for remedies for an alleged personal grievance, to the Court.2 Beginning of the working relationship [4] Mr Wood and Mr Hayward have known each other since the late 1980’s when they both worked in the printing trade. In abou...

6. Deputy Registrar - Mohaka A4B (2021) 102 Tairawhiti MB 177 (102 TRW 177) [pdf, 268 KB]

   ...New Zealand Tairāwhiti District A20210004048 WĀHANGA Under Sections 237, 238 and 239, Te Ture Whenua Māori Act 1993 MŌ TE TAKE In the matter of Mohaka A4B DEPUTY REGISTRAR Te Kaitono Applicant Nohoanga: Hearing 7 April 2021 (Heard at Hastings) Kanohi kitea: Appearances Arthur Gemmell, Sam Gemmell, Neti Whatuira, in person Bessie Phillips, Padre Phillips, Querida Rewi and others in person Whakataunga:...

7. Yu v CAC 20006 & Guo [2014] NZREADT 60 [pdf, 40 KB]

   ...period was from 27 January 2011 until 30 April 2011. However, the listing agreement had two sections that were incomplete. Mr Yu had not included his email address nor signed off a declaration regarding weathertightness issues. [9] The licensee claims that he contacted Mr Yu about these two matters and was advised to fill in his own email address and forward it to him and to also tick off the disclosure declaration. The licensee states that he filled in his email address but did n...

8. ENVC Hearing 6Oct14 TGKL case law 3 effects [pdf, 2.1 MB]

   ...C Oll';\' \\v 2 (1) INTERIM DECISION (2) INTERIM REPORT AND RECOMMENDATION To: The Minister of Conservation The Marlborough District Council The Parties Table of Contents [AJ Introduction [BJ Status of the activities and applications [C] The guiding principles, objectives and policies [DJ How are the effects to be assessed? • Difficulties with the case law • What are 'effects? • 'What is the standard of proof? • How is a precautionary...

9. Samisoni v Tangilanu [2015] NZIACDT 60 (19 May 2015) [pdf, 169 KB]

   ...Tangilanu’s delivery of the services she agreed to provide lacked both due care, and diligence; accordingly she breached clause 1.1(a) of the 2010 Code for those reasons. [3.2] Ms Tangilanu failed to report that Immigration New Zealand rejected the request, and did not report why it was rejected. She had a duty to do so, and accordingly breached clause 3(a) of the 2010 Code. [4] The full circumstances are set out in the substantive decision. The Parties’ Positions on Sanctions [...

10. Fetherston v REAA & Milne [2013] NZREADT 12 [pdf, 31 KB]

    ...after deduction of commission, (and with the agreement of both the vendor and purchaser’s solicitors) the balance paid to the vendor. The complainant and his wife took possession in April 2010. However the trust did not settle in March 2011 and requested a month’s extension for settlement. The vendor did not grant this. Subsequently an order was brought for possession by the vendor. On 29 September 2011 the High Court granted the vendor possession of the property and cancelled th...