Search Results

1. 2023-10-11-Rebuttal-Evidence-of-G-Eccles-Planning-Framework.pdf [pdf, 233 KB]

   ...forming part of the Outline Plan waiver sought by Waka Kotahi for establishment works (as is proposed by Waka Kotahi). 12. The macrocarpa trees in question have no protection under the Horowhenua District Plan and thus could be felled as a permitted activity, while the act of constructing a haul road (which in essence is a higher standard access track) would also be a permitted activity. In my view it is therefore inappropriate to require a management plan to be prepared for su...

2. [2022] NZEnvC 175 Greensmith v Auckland Council [pdf, 1.5 MB]

   ...indemnity costs because there are a series of DFC NZ Ltd v Bielf?y factors present. 10 In summary, those include: (a) the arguments advanced by the Council were without substance. Ms Stienstra submits that the construction of the fence was a permitted activity, however the Council refused to engage on this issue despite being so advised by Ms Greensmith's planner, Mr McGarr. Moreover, the Council has not refuted the assertions in the notice of appeal; (b) the Court process...

3. [2022] NZEmpC 134 CultureSafe NZ Ltd v Employment Relations Authority [pdf, 211 KB]

   ...authorisations, the ATA forms did not meet the requirements of s 236 of the Act. He said the concern was that the sentences in question gave CultureSafe the power to make decisions for the grievants. He said this is not what s 236 contemplates or permits. Manuka Health expected the matter to be resolved quickly (as it apparently had been in respect of the other Northland–based employee). [8] On 15 October 2020, the concern about the ATA forms was discussed at a case...

4. Bay of Plenty Regional Council Submissions - 29 November 2017 [pdf, 492 KB]

   ...overlays providing information on known attributes and values to be managed.13 • Generally activities in the CMA require a discretionary resource consent. The presence of an overlay may trigger a non-complying activity status. There are some permitted activities, although these "provide for a relatively narrow range of activities that might be considered acceptable within the coastal marine area."14 • In the Interim Decision on lwi Resource Management the Court proposed...

5. Preece v Hokotehi Moriori Trust (2010) 5 Te Waipounamu MB 83 (5 TWP 83) [pdf, 109 KB]

   ...behind their findings. [40] The reality of this application is that the Court is not being asked to determine whether Ngahiwi Dix is Māori but which group of Māori, Ngāti Mutunga or Moriori, she belongs to. In my opinion s 18(1)(e) does not permit the Court to go that far. It simply requires the Court to determine whether somebody is Māori or a 8 Rekohu Report at [2.7.4] 9 Rekohu Report at [2.7.3] 10 Rekohu Report at [2.6.1]...

6. [2008] NZEmpC WC 8/08 Sealed Air (NZ) v NZ Amalgamated Engineering Printing & Manufacturing Union [pdf, 39 KB]

   ...JA Wilton, Counsel for Defendant Judgment: 19 May 2008 JUDGMENT OF CHIEF JUDGE GL COLGAN [1] This challenge to a determination of the Employment Relations Authority by hearing de novo decides whether the relevant collective agreement permits the employer to direct staff to take staggered meal breaks. The Employment Relations Authority, in a determination issued on 6 December 2007, found in favour of the union’s position that the employer was not entitled to alter unil...

7. Powerpoint NZLS Workshop - HOW TO RUN A RESOURCE MANAGEMENT CASE [pdf, 815 KB]

   ...Documents o rules o objectives / policies o the environment • District and Regional Plans (NB Unitary Plans) – Need to consider operative and proposed – If proposed – may or may not have legal effect • Rules – Start with the rules – Permitted to prohibited – May need to adjust proposal – Bundling – can be across district and regional plan – Exception to bundling when no overlap in effects • Objectives / Policies – Can be useful if breach of rule, neve...

8. [2021] NZEnvC 132 Drach v Tasman District Council [pdf, 954 KB]

   ...Management Plan provisions This resource consent only authorises the activity described above. Any matters or activities not referred to in this consent or covered by the conditions must either: (1) comply with all the criteria of a relevant permitted activity rule in the Tasman Resource Management Plan (TRMP); (2) be allowed by the Resource Management Act; or (3) be authorised by a separate resource consent. Consent Holder This consent is granted to the abovementioned Consent...

9. Stowers v Short -Tumu Kaituna 14 (2021) 251 Waiariki MB 144 (251 WAR 144) [pdf, 243 KB]

   ...Trust — Owhaoko C1 and C2 (2010) Maori Appellate Court MB 34 (2010 APPEAL 34) at [16], as cited in Rameka v Hall [2013] NZCA 203 at [29]. 251 Waiariki MB 147 (a) failed to carry out the business of the trust in a prudent manner; (b) permitted sand mining to occur in breach of the resource consent and failed to protect the cultural importance of the land; (c) failed to inform, provide information to and consult with beneficiaries; and (d) failed to hold an election for fu...

10. [2015] NZSSAA 42 (1 July 2016) [pdf, 48 KB]

    ...received the payments of benefit in good faith; (d) the beneficiary changed his position believing he was entitled to receive the money; and (e) it would be inequitable in all the circumstances, including the debtor’s financial circumstances, to permit recovery. [12] Pursuant to s 86(9B) of the Act the term “error” includes: (a) the provision of incorrect information by an officer of the Ministry; (b) an erroneous act or omission occurring during an investigation of benefit...