Search Results

1. [2022] NZEmpC 118 New Zealand Post Primary Teachers’ Association v Board of Trustees for Rodney College [pdf, 519 KB]

   ...of the 1994 STCEC be replaced with cl 5.6.2 of the 1996 STCEC.5 Clause 4.6 of the 1994 STCEC stated: 4.6 Division of Year into Terms and Holidays 4.6.1 For the purposes of organising their educational programmes it is noted that schools are permitted to divide the school year into teaching terms and holidays (vacations) in accordance with Part VII of the Education Act 1989. 4.6.2 The parties to this contract acknowledge that teachers may attend school during vacation time for...

2. [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...

3. [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...

4. ENV-2016-AKL-000TBA Ryman Healthcare Limited & others v Auckland Council [pdf, 18 MB]

   ...Mixed Housing Suburban Zone H4.1. Zone description The Residential – Mixed Housing Suburban Zone is the most widespread residential zone covering many established suburbs and some greenfields areas. Much of … Up to four two dwellings are permitted as of right subject to compliance with the standards. This is to ensure a quality outcome for adjoining sites and the neighbourhood, as well as residents within the development site. Resource consent is required for five three or m...

5. Waitangi Tribunal - The Volcanic Plateau [pdf, 3.8 MB]

   RANGAHAUA WHANUI DISTRICT 7 THE VOLCANIC PLATEAU BRIAN J BARGH NOVEMBER 1995 WORKING PAPER: FIRST RELEASE RANGAHAUA WHANUI SERIES WAITANGI TRIBUNAL DIVISION Other reports in the Rangahaua Whanui Series available: District l3: The Northern South Island, Dr G A Phillipson FOREWORD The research report that follows is one of a series of historical surveys commissioned by the Waitangi Tribunal as part of its Rangahaua Whanui programme. In its present f

6. [2021] NZEnvC 047 Netherlea Hobsonville Limited v Hamilton City Council [pdf, 1.7 MB]

   ...effects of the proposal have been assessed to be no more than minor and no parties are considered adversely effected. This has enabled the application to be processed without public notification. That position was reached having had regard to the permitted baseline for the site. c) Having regard to section 104(1) of the Resource Management Act 1991, the actual and potential adverse effects on the environment of granting consent will be able to be avoided, remedied, or mitigated by t...

7. [2017] NZEnvC 184 Cabra Rural Developments Ltd v Auckland Council [pdf, 1.1 MB]

   ...powers under s 290 of the RMA simply substitute for those that the Council had under s 148(1) of the LGATPAA. It must be able to conclude that those powers can be exercised, and that the provisions that it intends to insert are ones that it is permitted to do so in terms of the legislation. [19] Questions of merit, of course, are clearly at large in any appeal under Part 11 of the Act, and that will also require the Court to be satisfied that those provisions should be inserted. Tha...

8. [2010] NZEmpC 67 Porteous v Chief Executive of the Department of Building & Housing [pdf, 104 KB]

   ...conference in Melbourne beginning on 23 September 2008. Following that meeting, Mr Porteous was identified as the preferred candidate for the CIB role but his appointment was subject to agreement of the terms of appointment and to a work permit being obtained. Provided these matters could be attended to promptly, it was anticipated Mr Porteous might start the job with CIB on 1 January 2009. [21] In the course of the interviews conducted with him in late September and Oct...

9. ENV-2016-AKL-000xxx Kuegler Family Trust & Others v Auckland Council [pdf, 2.4 MB]

   ...amenity values, section sizes and existing intensity of development in the street better accord with the objectives and policies for the SHZ; (e) If the Wallingford Street properties we request revert to the SHZ were to remain zoned MHU, the permitted level of development and the development controls and performance standards for the MHU that enable more intensive development on smaller sites would enable a form and character of development that would adversely affect existing...

10. [2019] NZEnvC 034 Remarkables Park Limited v Queenstown Airport Corporation Limited [pdf, 392 KB]

    ...trope"54 Under the operative District Plan, land encompassing the terminal is already zoned mixed use. Under the proposed District Plan , retail and commercial activities associated with the needs of airport passengers (amongst others) are permitted in the same area. On appeal before the Environment Court, QAC is seeking to extend the zone in which these activities are located to include land in its entire designation and would modify the list of activities that fall within the...