Search Results

1. [2019] NZEnvC 125 Schmuck v Northland Regional Council [pdf, 2.7 MB]

   ...area of undefined width and length identified as concreted area toward the turntable and also as area A. [60] In addition, there is a small area marked B, very narrow, along the frontage of Section 2 SO 24139, which may be used for the purposes of permitting the repair or maintenance of any vessel standing on the southern branch of the slipway marked C on that attached plan. [61] There was a review condition and it is clear that the conditions also require: a) Compliance with cond...

2. Hearing Schedule as at 30 March 2021 [pdf, 282 KB]

   ...(45min) ORC (1hr) RF&B (30min) OWRUG (30min) Lunch (12.45pm) Landpro Claire Perkins Planning Evidence Summary (10min) Court (45min) ORC (45min) Nga Rūnanga (30min) MFE (30min) F&G (30min) OWRUG (30min) TA's - CODC only *If time permits, otherwise re- schedule for Hearing Week 7 in Dunedin Nick Lanham Representation Representation (30min) TA's - CODC only *If time permits, otherwise re- schedule for Hearing Week 7 in Dunedin Benjamin Patterson Economics...

3. MLC - 2014 June - Review of Te Ture Whenua Act 1993 [pdf, 191 KB]

   ...215 to allow land to be vested in trustees in circumstances where there is no owner engagement and the land is languishing. This would align the Act with the rating charging order provisions in Part 4 of the Local Government (Rating) Act 2002, which permit the compulsory vesting of Māori land in a receiver or trustees where there is a rating debt. The principal difficulty with the proposal for an external manager or administrator is that it creates an additional and unnecessary category...

4. [2018] NZEnvC 083 Willowridge Developments Ltd v Queenstown Lakes District Council [pdf, 11 MB]

   ...appeal [2] The site is legally described as Lot 1 Deposited Plan 341373 ("the land") held in Computer Freehold Register 170214. It is owned by the applicant, Willowridge Developments Limited ("WDL") which also holds a water permit3 which is of some importance given the dryness of the site. [3] The proposal has been amended to a seven lot subdivision (from a notified 13 lot subdivision declined by Hearing Commissioners Mr Nixon and Ms Baker in a decision dated 2...

5. Brockie & Anor as Trustees of the Brockie Trust v Millington [2010] NZWHT Wellington 5 [pdf, 245 KB]

   ...where there is concurrent liability in contract and tort. As the Court of Appeal said in Allison v KPMG Peat Marwick [2000] 1 NZLR 560 at [99] (Thomas J): “Concurrent liability in contract and tort is now accepted, other than where it would permit a plaintiff to circumvent or escape a contractual exclusion or limitation of liability.” [34] Commentary on the Court of Appeal dicta by the learned authors of Law of Contract in New Zealand (3rd ed, LexisNexis NZ, Wellingto...

6. BORA Electoral (Integrity) Amendment Bill [pdf, 419 KB]

   ..."restore" the proportionality of representation of a party in Parliament.[4] On the facts in the case, the Court indicated that the failure of Ms Awatere Huata to renew her membership of the party for which she was elected, which in turn permitted the party to regard her as an independent member for parliamentary purposes, was itself distorting to that party's representation. While members of the Court did note various conduct by Ms Awatere Huata that was said to be inconsis...

7. LCRO 217/2016 and 218/2016 RE and YI v WG (14 November 2018) [pdf, 187 KB]

   ...relation to any of the other matters raised? [14] It reached the following conclusions in respect of each issue. Breach of professional obligations The Standards Committee was satisfied that IS, YI and RE’s interests were sufficiently aligned to permit Mr WG to act for all of them from early 2010 up until the point when he received IS’s separate instructions to alter the terms of the draft agreement.2 The Standards Committee did, however, determine that Mr WG had breached the...

8. [2015] NZEmpC 59 Bracewell v Richmond Services Limited [pdf, 146 KB]

   ...judgment: a) Application for an order of enforcement directing that the Bay of Plenty District Health Board (Bay of Plenty DHB) provide the Court with certain documents relating to Client A’s mental health status. b) Application for leave to permit Ms Bracewell to examine confidential documents of Client A which are held by the Registrar. c) Application for continuation of a stay of execution of orders as made previously. Application in respect of information held by Bay o...

9. ENVC Matiatia party corresp DMI amended applic out scope 20150130 [pdf, 680 KB]

   ...point, we submit that these principles ought logically to apply to an application made by way of direct referral to the Environment Court under s 87F of the Act. The Application as lodged and Notified 10. The application forms8 described the permits sought as including:9 and:10 "a reclamation of approximately 3020m2 for the purposes of providing vehicle parking for marina users and the Coast Guard, along with vehicle control facilities, a waste water holding tank, electricit...

10. [2006] NZEmpC AC 34/06 NZ Engineering Printing & Manufacturing Union v ACI Operations NZ Ltd [pdf, 71 KB]

    ...simply note for the benefit of the parties that, where the collective agreement refers to sickness, this must be construed as sickness or injury. Equally, s65 has expanded the range of persons other than the employee whose sickness or injury will permit the taking of sick leave and the collective agreement must be regarded as including the whole of the range contemplated by s65(1)(b) and (c). [38] Given that the minimum requirement under s65 is five days sick leave and that the c...