Search Results

1. [2019] NZEnvC 013 Horowhenua District Council v Manawatu-Wangagnui Regional Council [pdf, 10 MB]

   ...consents attached: • General conditions • Discharge consent ATH-2015200584.00 (discharge to air) • Land use consent ATH-2015200583.00 (large scale land disturbance) • Discharge consent ATH-2015200444.00 (pond seepage) • Discharge permit ATH-2009011618.03 (discharge to the Foxton Loop) • Land use consent ATH-20152004586.00 (Intensive farming) • Discharge consent ATH-2015200585.00 (discharge to landf • Land Use consent 501/2015/3691 (network utility). 6 7 [...

2. [2015] NZEmpC 157 Labour Inspector v Cypress Villas Ltd full court [pdf, 515 KB]

   ...Because of our decision to answer only some of these questions now and to postpone the determination of others until the hearing of the challenge, we have re-ordered these accordingly. (i) Does s 234 of the Employment Relations Act 2000 require or permit the Court or the Authority to decide, by determination or judgment, the liability of the defendant (Cypress Villas Limited) before determining the plaintiff’s application under s 234(2) of the Act, authorising the Labour...

3. LCRO 14/2023 BW and Company A Limited v PK and OJ (31 August 2023) [pdf, 430 KB]

   ...relief under s 174 of the Companies Act as well as procedural relief and damages for breach of the shareholders’ agreement. [28] Among the allegations made by Company C and Company E in the Prejudice Proceedings was an allegation against Mr TE of permitting Company B to [engage in the business practice].14 [29] The fact, legitimacy and legal implications of [the business practice] have been and continue to be the subject of various legal processes. 8 Search warrants, remote a...

4. [2007] National Distribution Union Inc v General Distributors Ltd AK AC 7/07 [pdf, 269 KB]

   ...prohibited (unless agreed between the parties or not in breach of the threshold) to being expressly permissible (unless it was not agreed and breached the threshold). Put another way, passing on went from being a banned practice per se to one permitted although on conditions. The second change in the legislative process dealt with the breach of the good faith threshold for passing on during collective bargaining. The threshold was lowered by requiring either the intention to und...

5. [2022] NZEnvC 146 Te Runanga o Ngai Te Rangi Iwi Trust v Bay of Plenty Regional Council [pdf, 638 KB]

   ...consistent with the NPSFM and that the Detailed Environmental Management Plan (DEMP) process will ensure that Objective 2.1(1)(a) of the NPSFM will be met and that Policy 2 of the NPSFM is satisfied; (c) the activities requiring consent met the permitted activity standards of Regulations 51 and 72 of the Resource Management (National Environmental Standards for Freshwater) regulations 2020); 4 (d) there are no other matters relating to Māori cultural values and interests th...

6. [2023] NZEnvC 225 The Olive Leaf Centre Trust v Queenstown Lakes District Council [pdf, 581 KB]

   ...environmental outcomes.27 However, if a plan does not reflect Part 2, reference may be made to it.28 We agree with the Council’s submissions that reference to Part 2 in this case is not necessary because the PDP has recently been tested.29 Permitted baseline [29] Section 104(2) RMA30 empowers consent authorities (in this case the court), at their discretion, to disregard an adverse effect of a proposal if a plan permits an activity with that effect. No party sought to argue...

7. [2011] NZEmpC 26 Benge and others v Air New Zealand [pdf, 259 KB]

   ...should then proceed as eight separate, albeit very similar, cases. I am unpersuaded that the plaintiffs should now be required to file individual statements of claim. [9] The defendant‟s application acknowledges the potential for the Court to permit the plaintiffs to continue by a single statement of claim so that it is appropriate now to turn to the defendant‟s assertions of inadequate pleading in that single amended statement of claim. [10] The starting point for determinin...

8. [2020] NZEnvC 153 Cabra Rural Developments Ltd v Auckland Council [pdf, 3 MB]

   ...activity or to the site or sites where that activity will occur. (2) When considering an application for resource consent for an activity that is classed as a discretionary or non-complying activity, the Council will have regard to the standards for permitted activities on the same site as part of the context of the assessment of effects on the environment. (3) The absence of any specific reference to positive effects in the objectives, policies, matters of discretion or assessment...

9. [2019] NZEnvC 019 Willowridge Developments Limited v Queenstown Lakes District Council [pdf, 10 MB]

   ...proposal is reasonable. Condition 13(ae) [26] Condition 13(ae) provides that "any fencing on Lot 7 shall be set back at least 10 m from the edge of the upper terrace." This condition is opposed by the appellant on the basis it is a permitted activity to erect fencing in any location in the Rural General Zone, unless the fence is 1 0 m from a road boundary. [27] We agree with the Council that any fencing on Lot 7 should be set back at least 10m from the edge. As we consid...

10. E9 Kurt Grant - Construction Methodology - EIC - Applicant [pdf, 24 MB]

    ...Plan for Dredging and Placement of Mudcrete MPI Ministry for Primary Industries MWEP Mana Whenua Engagement Plan NCR Non Conformance Report NUO Network Utility Operator OFI Opportunity for Improvement OVH Outer Viaduct Harbour PTN Permit to Notify PTW Permit to Work RAP Remediation Action Plan 0369 Wynyard Edge Alliance | America’s Cup – Wynyard/Hobson Construction Environmental Management Plan (DRAFT) Rev C |August 2018 Page | 1 Relevant Consent C...