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1. 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...

2. 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...

3. [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...

4. 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...

5. [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...

6. AVS Operating Guidelines for District Courts [pdf, 817 KB]

   ...Public access Unless the presiding judicial officer directs otherwise, members of the public may be present in the courtroom during the remote appearance by a participant in custody. Members of the public, family members or partners etc are not permitted in the instruction suite. If the family or victim would like to be seen, or alternatively would not like to be seen by the remote participant, they can sit in the specified seating in the public gallery. The allocated seating m...

7. 2021-07-23 ORC - Legal submissions regarding scope for relief sought by WISE Response.pdf [pdf, 215 KB]

   ...for that resource is unlikely to be "on" the proposed change (unless the change is incidental or consequential, as discussed below). 18 If the effect of regarding a submission as being "on" a proposed change would be to permit a planning instrument to be appreciably amended without real opportunity for participation by those potentially affected, that will be a "powerful consideration" against finding that the submission was truly "on" the...

8. [2008] NZEmpC AC 14/08 Board of Trustees of Te Kura Kaupapa Motuhake O Tawhiuau v Edmonds [pdf, 80 KB]

   ...made some notes but there was no suggestion otherwise that this was so. Finally, it is significant that Ms Hurst’s subsequent letter to Mr Hope, confirming their discussions and providing further detail, does not refer expressly to a failure to permit representation as might have been expected if this had been an issue raised in the early discussion. [14] For these reasons I conclude that Ms Hurst more probably did not tell Mr Hope in so many words that one of Mr Edmond...

9. EMPC Old dogs new tricks conference presentation [pdf, 239 KB]

   ...remarkable change from the position less than three decades ago is that any intervention in the statutory collective bargaining process can only be undertaken by mediators or, at most, members of the Employment Relations Authority. Judges are not permitted to be exposed to, let alone participate in, the cut and thrust of collective bargaining or in either making recommendations about its outcome or fixing terms and conditions of employment. The judicial role is strictly limited to...

10. [2007] NZEmpC WC 22/07 Tawhiwhirangi v CE of the Department of Corrections [pdf, 97 KB]

    ...need for the defendant to justify his actions including the errors already identified. [61] As have this Court, the Employment Relations Authority and its predecessors in numerous cases, I too consider that the most just course of action is now to permit the defendant’s investigative process to continue and not to order its permanent stay as the plaintiff seeks. I am satisfied that despite errors having been identified by the plaintiff in this proceeding, a compliance order is not...