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1. ENV-2016-AKL-000xxx Zakara Investments Limited v Auckland Council [pdf, 23 MB]

   ...evidence and no reasons have been given by the Panel. Alternative solution See Attachment A 22 Decisions of Auckland Council – 19 August 2016 (c) The trimming of up to 20 per cent of a notable tree’s live growth as a permitted activity, subject to complying with specific standards. Reasons (i) Increasing as a permitted activity, the trimming of up to 20 percent of a notable tree’s live growth may have adverse effects on the health and viability...

2. [2021] NZEmpC 205 WXN v Auckland International Airport Ltd [pdf, 455 KB]

   ...permanently reinstated, which was considered arguable but ultimately weak.4 Balance of convenience factors favoured AIAL.5 It is to be noted that in considering this factor, the Authority assumed that interim reinstatement would be for the purposes of permitting WXN to return to the workplace.6 It held that the interests of justice should follow balance of convenience factors.7 The application for interim reinstatement was accordingly declined.8 1 WN v Auckland International...

3. Environment Court of New Zealand Annual Review 2017 [pdf, 1.4 MB]

   ...granting a resource consent application for a 31-lot residential subdivision at 84 Laurel Oak Drive, Albany, Auckland was lodged. In November an application by Pan Pac Forest Products Limited, in the Hawke’s Bay Region for a coastal discharge permit and occupation of the Coastal Marine area (Pulp Mill at Whirinaki) was lodged. The ability of the Court to maintain good momentum towards resolution of such cases is important. Such cases should not, in our view, be constrained by sta...

4. [2011] NZEmpC 36 Zhou v CE of DOL [pdf, 232 KB]

   ...be) in respect of the following matters. [11] In the absence of rules or regulations in this Court allowing it to direct further and better particulars and to direct interrogatories be answered, recourse can be had to the High Court Rules which permit these interlocutory procedures. There is no controversy about this: such orders are frequently made in appropriate cases. [12] The provision of further and better particulars of a statement of defence is aimed at compliance with reg 2...

5. Johnston v Abide Homes Limited [pdf, 140 KB]

   ...Vendor Warranties [86] The Johnstons rely on clause 6.2(5) of the Agreement for Sale and Purchase (Auckland District Law Society, seventh edition, 2 July 1999). Clause 6.2 (5) provides that: (5) Where the vendor has done or caused or permitted to be done on the property any works for which a permit or building consent was required by law: (a) The required permit or consent was obtained; and (b) The works were completed in compliance with that permit or consent; and (...

6. Alchin and Scott TRI 2020-100-001 [2022] NZWHT AUCKLAND 01 [pdf, 374 KB]

   ...Tribunal in February 2020. Their particulars of claim allege that the sole respondent, Hamilton City Council, as the territorial authority negligently failed to ensure that the build was in accordance with the Building Code and that it negligently permitted construction with the assessor’s stated weathertightness deficiencies. [10] The respondent acknowledges that it granted building consent and issued the code compliance certificate. Its response to the claim is that the...

7. [2010] NZEmpC 84 Secretary for Justice v Dodd [pdf, 126 KB]

   ...complainant’s family, complained to the police that the nephew had breached the terms of his bail by both being present in the town where the complainant lived and in another unspecified way which would have breached the original terms of bail but was permitted by the variation. [26] Police arrived at the family birthday event intending to arrest Ms Dodd’s nephew who faced the prospect of spending two nights and more than a day in police custody before he could be brought befo...

8. ENV-2016-AKL-000xxx Terra Nova Planning Limited v Auckland Council [pdf, 2.3 MB]

   ...Urban Zone provisions of the PAUP will essentially ‘lock‘ landowners into a zone with Rural Production activity rules. Many of the FUZ area have been countryside living-type zones under the legacy council plans with a rather liberal array of permitted, controlled and restricted discretionary activities. In more than half of the region these zones provided for subdivision to a minimum of 4 ha. Our discussions with Council officers and infrastructure providers indicate that many of...

9. [2018] NZSSAA 42 (3 September 2018) [pdf, 701 KB]

   ...approach is well demonstrated by this appeal. Due to the appellant’s lifelong difficulties, it has not been realistic for her to engage in employment. That situation was made more difficult after she suffered from a head injury. Her health does not permit her to work every day and does not permit her to work regular hours. Nonetheless, she is in a position where she does work very successfully over the course of a year. [11] Until she had her accident in 2015, the appellant was g...

10. Tapiki and Eru v New Zealand Parole Board [2019] NZHRRT 5 [pdf, 403 KB]

    ...11 relied on by Ms Tapiki and Ms Eru. Because their case stands or falls on IPP 11, we do not intend addressing IPP 5 in this decision. Information privacy principle 11 prohibits the disclosure of personal information unless one of the exceptions permitted by IPP 11 is shown by the agency to have application: Principle 11 Limits on disclosure of personal information An agency that holds personal information shall not disclose the information to a person or body or agency unless the...