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1. [2023] NZEnvC 155 Genesis Energy Limited v Waikato District Council [pdf, 413 KB]

   ...and instead adopted the version of the table as notified.1 The IHP did not adopt the recommendations of the acoustic experts engaged by either the Council or Genesis. The relevant rule in Table 25 of the PDP decisions version provides that the permitted internal design sound level for all residential buildings and buildings containing sensitive land uses within 350m of the Huntly Power Station shall be 40dB LAeq, with no other requirements on how or when to measure the internal design...

2. LCRO 176/2021 BR v UE and VJ (7 December 2022) [pdf, 223 KB]

   ...compulsory for lawyers to be nice. They must, however, be courteous. … One challenge is the fact that what amounts to appropriate behaviour varies with context. There are situations where a robust exchange that bruises some sensibilities is permitted (and useful). … 13 RQ submission (31 March 2022) at [4]. 14 Deliu v Connell [2016] NZHC 361, [2016] NZAR 475 at [2]. 15 Duncan Webb “The duty of respect and courtesy” (2012) 802 LawTalk at p19. 5 … … the prope...

3. Rangihuna v The Trustees of the Te Rimu Trust - Te Rimu Trust (2010) 10 Tairawhiti MB 137 (10 TRW 137) [pdf, 123 KB]

   ...shareholdings or other entitlements, nor the presence of representatives of absent persons entitled to vote. A proxy cannot vote on a show of hands unless the rules or articles, or relevant statute expressly provides otherwise. However, even when rules permit a proxy to vote on a show of hands, a member who holds a proxy for another member may exercise only one vote on a show of hands. This is on the same principle that the person exercising a vote on a show of hands must be personally p...

4. Zhang v Samsung Electronics New Zealand Ltd (Strike Out Application) [2023] NZHRRT 42 [pdf, 175 KB]

   ...are foreign citizens. It argued this was not a factually plausible assertion. [16] The essence of Samsung’s contention that the claim was frivolous and vexatious was that by failing to engage in meaningful communications and by refusing to permit his phone to be examined by Samsung NZ, Mr Zhang was not acting in good faith. Both issues it alleged also amounted to an abuse of the Tribunal’s processes. THE LAW [17] The Tribunal’s jurisdiction to strike out proceedings is...

5. Canterbury Earthquakes Insurance Tribunal 28 February 2018 [pdf, 257 KB]

   ...to appeal to the next level of decision- maker, on matters of fact and law. I propose limiting this so that the first appeal is directly to the High Court (bypassing the District Court for claims usually within its $350,000 jurisdiction) and is only permitted with leave of the High Court. Appeals will still be permitted on matters of fact and law. 41 This approach maintains natural justice by retaining the ability for the Tribunal’s determinations to be appealed, while reducing the ri...

6. EQE v ICQ [2019] NZIACDT 37 (6 June 2019) [pdf, 189 KB]

   ...reasons were given and none were required to be given. The letter reminded the complainant that he was unlawfully in New Zealand and had to leave immediately. [8] The agreement between the complainant and [company] was varied on 1 August 2017 to permit another s 61 application to be made. No additional stage one fee would be charged. [9] On 6 September 2017, another licensed adviser employed by [company] lodged a fresh s 61 application with Immigration New Zealand. 3...

7. [2011] NZEmpC 57 Wade v Hume Pack-N-Cool Ltd [pdf, 113 KB]

   ...filed on 20 July, 12 August, 15 and 22 October 2010 Counsel: Mark Donovan, counsel for applicant Kim Stretton, counsel for respondent Judgment: 27 May 2011 JUDGMENT OF JUDGE B S TRAVIS [1] The applicant seeks an order that he be permitted to pursue his challenge to a determination 1 of the Employment Relations Authority, issued on 16 October 2007, after his previous counsel (who I shall call “Mr A”) filed a purported notice of discontinuance on 6 August 2008....

8. Regulatory Impact Statement: Electoral Amendment Bill Advance Voting "Buffer Zones" and Prohibition on False Statements to Influence Voters [pdf, 200 KB]

   ...and other political participants do not have sufficient certainty regarding:  where they can locate themselves when campaigning without being the subject of complaints or being requested to move by voting place staff,  what behaviour is permitted inside voting places, both during advance voting and on election day, and  how to avoid activity reaching the threshold of interfering with voters under section 197(1)(a) of the Act. Options and impact analysis Campaign-fr...

9. Attachment 10 to the Planners and Expert witness JWS filed 7 May 2021.pdf [pdf, 730 KB]

   ...in 10A.4.3.2 and 10A.4.4.2 needs to be tidied up to ensure we are just summing the filtered data sets and there is no suggestion any filtering needs to be repeated. Analysis 7. All testing has been completed on consents with one water meter per permit or consent, where the permit or consent expires before 31 December 2025. 8. The testing has been completed using the following assumptions. a. The testing has been completed using all available water meter data up until 30 June 2020...

10. [2018] NZEnvC 155 Tasman District Council v G Baigent [pdf, 1.1 MB]

    ...(and 17.8.5.2); • Rule 18.5.2.1; and • Rule 31.1.6.1. deal with the rules in that order. 12 [27] Rule 17.8.5.1 relevantly provides as follows: The destruction or removal of indigenous vegetation (excluding indigenous forest) is a permitted activity, if it complies with the following conditions: (a) The site is not a naturally occurring wetland. [28] Rule 17.8.5.2 provides that the destruction or removal of indigenous vegetation that does not comply with the conditions...