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1. Robinson v ACC [2012] NZACA 12 [pdf, 637 KB]

   ...by Parliament's clear provision of the discretion in s 59(5) for payment to be made where it is difficult or impossible to ascertain earnings as an employee for any period: Section 59(5)(b) deals with interim determinations whereas subs (5)(a) permits the Corporation to determine and pay "fair and just compensation without being required to make assessments of relevant earnings and actual earnings". [27] The essence of Mr Peart's argument was that as the Corporation w...

2. Moeahu v Winitana - Waiwhetu Pa No 4 (2013) 310 Aotea MB 172 (310 AOT 172) [pdf, 214 KB]

   ...as a servant or officer of the trust, or that directly or indirectly affects any contract in which that person may be interested or concerned other than as a trustee of another trust. [48] There is no dispute that as a fiduciary a trustee cannot permit any conflict between personal interests and the trustee’s duties to the beneficiaries: Boardman v Phipps. 11 Even a potential conflict of interest is sufficient to render a transaction improper: 12 A reasonable man looking a...

3. [2013] NZEmpC 55 Morgan v Whanganui College Board of Trustees [pdf, 223 KB]

   ...dealing with this issue, and the scheme of the legislation as a whole, in light of which the individual provisions must be interpreted. [8] Section 179 (“Challenges to determinations of Authority”) of the Employment Relations Act 2000 (the Act) permits a party “to a matter before the Authority who is dissatisfied with the determination of the Authority or any part of that determination …” to elect to have the matter heard by the Court. What amounts to a “determinati...

4. Donnelly v Deputy Registrar - Ohinepoutea B [2018] Māori Appellate Court MB 219 (2018 APPEAL 219) [pdf, 478 KB]

   ...to consider the outcome of the AGM election.3 At that hearing there were objections to the way in which the trustees managed the election process. The objections concerned issues around the advertisement of the meeting and whether proxies were permitted or not. The outcome of the hearing was that Chief Judge Isaac gave directions for another meeting to take place to consider the appointment of trustees. Because of the issues affecting the previous election the Chief Judge direct...

5. E82 Martin Te Moni - EIC - Ngaati Whanaunga [pdf, 1.8 MB]

   ...take advantage of potential commercial, cultural and environmental opportunities over that period. Cumulative Effects 78. Waitemataa and the surrounding areas have been significantly modified by past activities and activities that are currently permitted within the area. 79. The Crown acknowledged Ngaati Whanaunga as a maritime tribe, whose mana extended from Mai Matakana ki Matakana well before 1840. For Ngaati Whanaunga along with many other iwi, the sea dominated life for ma...

6. ENVC Hearing 6Oct14 WML evidence chief David Mitchell [pdf, 5.7 MB]

   ...restrictions. (h) Area H is a small parking area adjacent to a boat ramp to the 10 north of the ferry terminal. There were seven parking spaces marked here: two for the mobility impaired and five for mooring holders displaying parking permits. 39. The parking surveys were undertaken from 7:00am to 5:30pm most days, but from 7:30am on Sunday and public holidays due to the ferry timetable meaning surveyors were unable to arrive at Matiatia for the 7:00am start. Pa...

7. Insley v Huritu - Awanui Haparapara No 4B (2017) 167 Waiariki MB 194 (167 WAR 194) [pdf, 247 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 persona...

8. [2019] NZEnvC 115 Gibbston Vines Limited v Queenstown Lakes District Council [pdf, 17 MB]

   ...values. 10 [31] Should the Proposal materially conflict with what the PDP seeks in regard to those matters, that would strongly count against allowing the appeal. [32) Some other issues were raised by the parties (including as to the 'permitted baseline' discretion, 29 'reverse sensitivity' effects for rural production activities, and precedent and plan integrity). Generally, these are subsumed by the identified determinative issues. The relevant PDP:GCZ pr...

9. ENV-2016-CHC-000047 Blueskin Energy Limited v Dunedin City Council - Evidence - Stephen Chiles [pdf, 1.6 MB]

   ...District Plan 12. The proposed wind cluster is in the rural zone of Dunedin City under the Operative District Plan (“ODP”). There is no specific reference to wind farm noise within the ODP. Rule 21.5.1 of the ODP sets general noise limits for permitted, controlled and restricted discretionary activities, with reference to Noise Maps. From these maps the noise limits at the nearest neighbours are 50 dB LA10 during the day and 40 dB LA10 at night. These noise limits are typical...

10. [2019] NZEnvC170 Cable Bay Wines Limited and Motukaha Investments Limited v Auckland Council [pdf, 7.8 MB]

    ...Clearly-visible signage in at least five locations approved by Auckland Council , in addition to those on the gate at the northern end and those in the alfresco area (see paragraph [17] below) advising patrons that access to the wider lawn area is not permitted. [12] The physical barrier between the designated area and the lawn may take the form of either: (a) a fence no less than 1.2 m high generally as described in paragraph 4.25 of the Landscape JWS; or (b) a moat a minimum o...