Search Results

1. [2019] NZEnvC 153 Selwyn Quarries Limited v Canterbury Regional Council [pdf, 4.7 MB]

   ...organic material in the soils may also react and consume some dissolved oxygen in the groundwater. The overall effect would be a change in the taste, colour or odour of the groundwater. These effects are aesthetic, rather than representing a risk to human health.31 [41] That said, the evidence considered by the Hearings Commissioners on the presence of organic material in deep fill is not limited to changes in the aesthetic values of potable water supplies. The evidence, which inclu...

2. MFE-You-Mediation-and-the-Environment-Court.pdf [pdf, 673 KB]

   ...feel forced to stick with mediation. Try not to be pressured. Ask yourself, is the agreement worth making? If another process (for example, a Court hearing) will better achieve your objectives, leave the mediation. 6. Remember the other parties are human too. They are likely to be feeling the same frustrations, anxiety, anticipation and pressure as you may be. Allow them to express their emotions without taking it personally. 7. Respect each other’s right to speak without interruption. Don�...

3. Graham - Parish of Komakorau Lot 240B 2 (2014) 80 Waikato Maniapoto MB 260 (80 WMN 260) [pdf, 185 KB]

   ...80 Waikato Maniapoto MB 273 [44] First, I clearly have jurisdiction to do so pursuant to s 338 of TTWMA. That Act contemplates the setting aside of land by way of reservation for communal purposes, one of which is a burial ground. Just as humans occupy land and make use of it during their lifetime, other than in cases of cremation, we all need to be buried somewhere, at some stage. TTWMA clearly contemplates that a use to which Māori land should be put is as a burial ground....

4. [2008] NZEmpC CC 8/08 Butcher V OCS Ltd [pdf, 80 KB]

   ...plaintiff who: -has habit of taking chances & trying a smoke in out of the way areas -does not guarantee he will not be caught again. [13] At the conclusion of the meeting Mr Miller and Clive Menkin, the defendant’s general manager of human resources, agreed that the decision to dismiss the plaintiff would be suspended to enable Mr Miller to present options apparently as an alternative to dismissal. On 4 November 2005 Mr Miller wrote to Mr Menkin expressing the view that...

5. [2008] NZEmpC CC 9/08 Coffey v The Christchurch Press, a division of Fairfax NZ Ltd [pdf, 70 KB]

   ...after 5 years into the position of supervisor in the sports department. He accepted that having have left as a junior and returned as a supervisor created a difficult situation and there was some resentment from older staff which was a natural human reaction. He claimed that Mr Coffey was the most difficult journalist that he had ever had to manage. [37] Mr Lammers accepted that after the mistake was fixed up life just went on and he got on with his normal work, as did Mr Coffey,...

6. [2021] NZEmpC 120 Lye v ISO Ltd [pdf, 285 KB]

   ...accept, that the work continues to be organised in the same manner as before. [24] The position reached between MUNZ and ISO was described by Craig Harrison, the national secretary of the union, and Dean Carter, ISO’s General Manager Human Resources. [25] Correspondence between the union and the company was exchanged after the last hearing and before the judgment was issued. In September last year MUNZ wrote to ISO stating a view that it would be inappropriate for th...

7. ZA v YB LCRO 164/2013 (31 August 2016) [pdf, 93 KB]

   ...Lawyers and Conveyancers Act (Lawyers Conduct and Client Care) Rules 2008. A complaint will be laid with the ADLS. 5 To the extent you harass the writer’s Administrator about it, your discourtesy was in breach of the ordinary duties one human being owes to another. We have herein replied to your communication within one day, which we consider is reasonable. [16] Mr [ZA] emailed NZLS at 5:06pm saying that he wanted to amend his complaint to incorporate his concerns about “...

8. HM v Accident Compensation Corporation (Personal Injury) [2024] NZACC 004 [pdf, 199 KB]

   ...circumstances described in section 21; or (da) work-related mental injury that is suffered by a person in the circumstances described in section 21B; or 10 (e) damage (other than wear and tear) to dentures or prostheses that replace a part of the human body. [13] Section 32 provides: (1) Treatment injury means personal injury that is— (a) suffered by a person— (i) seeking treatment from 1 or more registered health professionals; or (ii) receiving treatment from, o...

9. BORA - APEC 2021 Bill [pdf, 199 KB]

   ...New Zealanders can participate in the shaping of society and public opinion. They are the essential building blocks to a free and democratic society.1 In relation to these rights, we note the following: a. freedom of expression is “as wide as human thought and imagination”.2 The right has been interpreted to include the right not to be compelled to say certain things or to provide certain information.3 A person’s conduct may amount to expression where the conduct is intended t...

10. 2021-03-18 Fish & Game opening subs [pdf, 298 KB]

    ...supportive of the ORC's focus in the hearing to date on ensuring the PC7 provisions work in the most effective and efficient way possible. Efficiency and certainty are key concerns for Fish and Game. It is hoped the Court is live to the very real human/resourcing issues at play for all participants in the plan change. Simply put, there will not be able to be meaningful participation and a robust assessment of effects if the bulk of applications seek to lock in long term conse...