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1. E45 Glen Wright - Lighting - EIC - Council [pdf, 764 KB]

   ...provided and therefore no light effects assessment calculations had been provided. Therefore, the control of adverse effects from BAU, base building, construction and event lighting would be reliant on the final lighting designs complying with the permitted activity standards in Chapter E24 Lighting in the Auckland Unitary Plan – Operative in Part (AUP). 7.4 While the absence of a detailed lighting design to review was not ideal, I stated that I was confident that lighting solutio...

2. [2007] NZEmpC AC 60A/07 X v Bay of Plenty DHB [pdf, 47 KB]

   ...the Authority conducts its business and does not include outcomes, substantive or interim, and certainly not a determination of its jurisdiction. … [54] … The Authority's “powers” are set out in s 160 and under subs (1)(f) it is permitted to follow whatever “procedure” it considers appropriate. It is decisions made pursuant to that general procedural power that we consider is contemplated by reference to “procedure” in s 179(5). … [17] In Oldco...

3. [2015] NZEmpC 210 Allied Investments Ltd t/a Allied Security Ltd v Marriott [pdf, 214 KB]

   ...8 Grace Team Accounting Ltd v Brake [2014] NZCA 541, [2015] 2 NZLR 494 at [97]. needed to be wearing a high visibility jacket and boots as a health and safety requirement, and that visitors to the guardhouse were not permitted to access PEL’s computer system. What constituted “the site” is a topic to which I shall return shortly. [47] Next, I consider the circumstances leading up to the incident which is the focus of the challenge. By late 20...

4. [2010] NZEmpC 45 Miller v Fonterra Co-op Group Ltd [pdf, 38 KB]

   ...exceptions provided for in s 162(4) of the Companies Act did not apply because neither Kiwi nor KPML had constitutions which expressly authorised the giving of such indemnities and any indemnity given would be for criminal liability which was not permitted. He also submitted the plaintiff’s claim was not to indemnify the plaintiff for any liability he may have to third parties but in respect of losses he himself has suffered. Mr Rooney referred to a second affidavit of Mr Matthe...

5. [2018] NZEnvC 236 Strategic Property Advocacy Network (SPAN) v Auckland Council [pdf, 374 KB]

   ...of stock, fencing and pest plant/animal removal. None of the native vegetation on this property currently falls within an SEA and is therefore currently subject to animal grazing, with a number of pest plants present. (h) The location of the permitted building areas on the potential new lots is intended to ensure that any dwellings are integrated with the existing landscape. In particular, the building locations identified on figures 012.10.20 and 012.10.21 were sited so that...

6. [2022] NZEnvC 008 Pyle v Whangarei District Council [pdf, 991 KB]

   ...that the latest national guidance and best available information on the likely effects of climate change are considered within any risk assessment for coastal and flood hazards. Rules PREC15-R1 Principal Residential Unit Activity Status: Permitted Activity Status when compliance not Where: 1. The principal residential unit complies with LRZ-R15. 2. No more than eight principal residential units are constructed within PREC15. achieved: Non- complying PR...

7. LCRO 114/2022 WB v XD (22 July 2022) [pdf, 143 KB]

   ...complaint, the Committee concluded that: 4 (a) the protection order was made following Mr WB’s guilty plea; and (b) Mr XD had discussed the order with Mr WB in the context of discussions concerning the circumstances in which Mr WB would be permitted to return to the family home; and (c) Mr WB had been present in court when the order was made and had received a copy of the order; and (d) the order contained specific information detailing Mr WB’s obligations, and inform...

8. ENVC Matiatia party corresp WMLFeb15 submission oppose DMI interlocutory [pdf, 2.5 MB]

   ...Environment Court such as Ayburn Farm Estates Urnited v Queenstown Lakes District Council!! and Brady v Napier City Council!2. 14. In Collins the High Court stated that: 13 'we accept that in the course of its hearing the Environment Court may permit the party which applied for planning permission to amend its application. but we do not accept that it may do so to an extent that the matter before it becomes in substance a different application." (my emphasis) 15. The...

9. Edgecombe - Estate of Taiawhio Waaka (2012) 19 Takitimu MB 165 (19 TKT 165) [pdf, 260 KB]

   ...the length of the relationship between the whāngai and the adopting parents, whether there has been an ohaki, the customary values and practices of the iwi or the hapū associated with the land in question and whether those values and practices permit a whāngai with or without a blood relationship to their mātua whāngai to take interests in land. (See for example In re Succession to George Tukua 116 Otorohanga MB 81) In the end, however, it is a judgment call to be made by the j...

10. LCRO 238/2015 NS v LO (28 September 2018) [pdf, 152 KB]

    ...Court’s decision, and should instead have applied the Rules. [21] Chapter 8 of the Rules sets out lawyers’ obligations in relation to confidential client information, how long the duty of confidence lasts, when disclosure is required and permitted, and when it is prohibited. Confidential information is described in the footnote to r 8 as: Information acquired in the course of the professional relationship that may be widely known or a matter of public record (such as the ad...