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1. [2022] NZEnvC 203 Hadley v Waterfall Park Developments Limited [pdf, 203 KB]

   ...is to add value to a property, thus it is not unreasonable to consider it as part of a farming activity. [12] WPDL also submits that because it had the benefit of a resource consent from QLDC in late 2019 that recorded planting some trees was a permitted activity, it was unclear about the application of those rules in the Wakatipu Basin. QLDC response [13] In an email to the court on 26 March 2021, QLDC confirmed that it does 5 not seek costs on the matter.5 Hadleys reply...

2. Allan v Christchurch City Council [pdf, 81 KB]

   ...Building consent [72] The claimants say the Council would not have or were unlikely to have consented to targeted repairs. The claimants rely on Mr Calvert’s 23 evidence where he said it was not possible to categorically state a building permit would be granted for targeted repairs until such time as the Council had seen the application and supporting documents. This is not an accurate summation of this evidence. [73] Mr Calvert, in his evidence gave the best articul...

3. BORA Equal Pay Amendment Bill [pdf, 291 KB]

   ...women and has been historically and/or is currently under-valued; c. enables employees to raise claims relating to sex discrimination in employment; d. sets out the process for resolving a pay equity claim that is simple and accessible; and e. permits the courts or Employment Relations Authority (‘the Authority’) to award an amount of back pay in a pay equity determination. Consistency of the Bill with the Bill of Rights Act Section 14 – Freedom of expression 8. Section 14...

4. [2022] NZEnvC 082 Ormiston Workshops Limited v Auckland Council [pdf, 571 KB]

   ...maintained, to the satisfaction of the Council. 28. The signs on the facades fronting Ormiston Road must be static, non-reflective and not illuminated. Any external lighting, such as spotlights, used to illuminate the signage must comply with permitted luminance levels as per Table 1 of the Auckland Council Signage Bylaw 2015. The lettering and messages must be in accordance with the “Advertising Signs and Road Safety; Design and Location Guidelines” of New Zealand Transport...

5. [2016] NZSSAA 110 (22 December 2016) [pdf, 112 KB]

   ...therefore included in their partner’s New Zealand Superannuation. (iii) Those whose partners are unlikely to qualify for New Zealand Superannuation in the near future. (iv) Those whose partners are present in New Zealand by virtue of a temporary permit in which case benefit recipients are entitled to receive only a single rate of benefit. [14] Where the overseas pensions of a couple are deducted from the married rate of benefit payable, no anomaly arises. [15] Where, however,...

6. [2018] NZEnvC 122 Lee Valley Limestone v Tasman District Council [pdf, 4.6 MB]

   ...referring to Dr Trevathan's EIC at para 62. Exhibit 8 produced by Mr Keyanonda. Exhibit 8 Recommendation. 9 with the quarry operation, measured at the notional boundary of potentially affected neighbouring residences. [27] Informed by Permitted Activity Noise Standards for the Rural 2 zone in the TRMP, the relevant New Zealand Standard (NZS6802:2008) and international guidelines, Dr Trevathan recommended post-construction phase noise levels at neighbouring dwellings of SO...

7. [2014] NZEmpC 206 Gapuzan v Pratt & Whitney Air New Zealand Services t/a Christchurch Engine Centre [pdf, 230 KB]

   ...costs awarded by the Employment Relations Authority (the Authority) be paid to the defendant. [2] The plaintiff’s application seeks leave to amend the fourth amended statement of claim. The application asserts in summary: (a) He should be permitted to seek a penalty under s 149(4) of the Act, it being contended that a penalty is payable to the Court and not the plaintiff under s 136(1) of the Act. (b) Alternatively, it is asserted that the alleged breach by the defendant of...

8. [2014] NZEmpC 218 Puna Chambers Inc v Christensen interlocutory [pdf, 101 KB]

   ...Employment Court to either take the form of a challenge to part of the determination pursuant to s 179(3)(a), or to seek: “a full hearing of the entire matter (… a hearing de novo)” pursuant to s 179(3)(b). [25] The statutory regime thus permits a party to have a full hearing of the matter to which the Authority determination relates, and provides ample opportunity within the 28 days statutory time frame for doing so. [26] In circumstances in which the Applicant chose not to...

9. WHT Annual Report 2020 [pdf, 272 KB]

   ...claims, being those under $20,000, in order to ensure they are quickly and efficiently heard and determined. Such claims are rare and there are none currently before the Tribunal. The Tribunal operates in an inquisitorial or investigative manner, as permitted by the Act.4 It may grant any remedy that can be claimed in a court of law, though has only limited power to award costs.5 The Chair can issue practice directions.6 There are comprehensive Directions and Guidelines in plac...

10. BORA Vulnerable Children Bill [pdf, 307 KB]

    ...9.2.1 These provisions do not contain any aspects of criminal procedure, as in part relied upon in Belcher; and 9.2.2 Unlike the provision for Extended Supervision Orders, which imposes a broad range of probation measures as standard conditions and permits highly restrictive measures as special conditions:6 (a) Child Harm Prevention Orders are limited to restrictions on living, working or associating with children and certain reporting to police or “similar term[s]” (cl 58);7 and...