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...2017, Talbot Agriculture applied for a stay relying on three grounds that: (a) it was seeking a hearing de novo of the determination; (b) the determination contains errors of fact and law; and 2 Permitted by s 67A of the Employment Relations Act 2000. 3 Authority determination at [35]. (c) Mr Wate is a Solomon Islands citizen and the company was (at the time of the application) unaware if he was residing and working in N...
...be a need for increases in value; and submitted that the bond value should equate to a pessimistic estimate of cost. Counsel also submitted that TWCL's overall liability should not be limited to the amount of the bond; that HNZPT should be permitted to carry out strengthening works itself should the Appellant not complete them within the time periods in conditions of consent; should provide that any excess costs would be a debt due to HNZPT; and provide for the bond to be returne...
IN THE ENVIRONMENT COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY I TE KŌTI TAIAO O AOTEAROA ŌTAUTAHI ROHE ENV-2020-CHC-127 UNDER the Resource Management Act 1991 ("the Act") IN THE MATTER of the Water Permits Plan Change - Plan Change 7, being part of a proposal of national significance directed by the Minister for the Environment to be referred to the Environment Court under section 142(2)(b) of the RMA AND IN THE MATTER of an applicatio...
...and districtwide rules provided: a) No building is established within the Pauanui Airfield Amenity Yard; and b) No fence, plant or structure within the Pauanui Airfield Amenity Yard is greater than 1.2 m in height. 2. An activity that is not permitted under Rule 1A.1 is a non-complying activity. 28.4 WHITIANGA AIRFIELD USE NOISE OVERLAY RULE 2 Dwelling Minor unit 1. An activity listed in Rule 2 that is a permitted or controlled activity in the underlying zone and district wide...
...would be the case during the substantive hearing.12 [12] Although the parties have not objected to the application it is still necessary to exercise the discretion in considering it. The starting point is that access to court documents is only permitted for a recognised and legitimate purpose.13 In Greymouth Petroleum the Court of Appeal accepted that it is a reasonable and legitimate purpose to seek documents related to a parallel proceeding. However, the Court said that, whil...
...Court sitting during Level 3? Yes – at Level 3, the Youth Court will continue to provide an essential service. Court buildings are open, however for physical distancing reasons, access may be restricted, including a maximum number of people permitted in the courthouse at one time. Q: Are Rangatahi and Pasifika Courts sitting during Level 3? No – the Rangatahi and Pasifika Courts will not be sitting during Level 3. Monitoring appearances for these courts will be held...
...Mr Davidson’s award should take account of his preparedness to settle for less and Mr Rittson-Thomas’s rejection of that offer. [17] Dealing with the defendant’s claim for an uplift of costs, Mr Govender referred to the High Court Rules permitting this. The preferable analogy is, however, the direction of the Court of Appeal in employment cases that the nominal starting point is a figure of two-thirds of costs actually and reasonably incurred but which can be increased by wa...
...at any time and refund the premium. Since TYY was free to take this step without needing any reason, I find that FB’s loss of cover for the ABS failure was caused not by the actions of TY as TYY’s agent, but by TYY’s free choice to cancel as permitted under the contract. Therefore, it cannot be recovered as a consequential loss. [13] FB argued that he had lost the opportunity to obtain an alternative MBI policy, but TYY gave evidence that MBI insurers do sell direct to the pub...
...Residential - Large Lot Zone in recognition of its steeper topography, proximity to commercial activities and it having some visual prominence. The Panel notes that the purpose of the precinct is to provide for a lower intensity of subdivision than permitted in the underlying zones (Residential -Large Lot Zone and Residential - Rural and Coastal Settlement Zone) in order to protect significant landscape features. In addition, it includes controls on siting and design of buildings to r...
...Coroners Court • Environment Court • Employment Relations Authority (ERA) • Waitangi Tribunal • Human Rights Review Tribunal • Disputes Tribunal • Motor Vehicle Disputes Tribunal • Tenancy Tribunal • other tribunals (as resources permit) Who can speak Māori in a court or tribunal? The Māori Language Act 1987 states you can speak Māori in any legal proceedings, whether or not you are able to understand or communicate in English or any other language. Any of the fo...