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1. [2024] NZEnvC 091 Crafar v Taupo District Council [pdf, 355 KB]

   ...reasonably necessary to determine the application. (2) When forming an opinion for the purposes of subsection (1) (a), a consent authority may disregard an adverse effect of the activity on the environment if a national environmental standard or the plan permits an activity with that effect. [21] In this case the analysis under s 104 is confined to the single issue before the Court, which is as confirmed by Mr Crafar and set out above at paragraph [13]. 8 The economic and financi...

2. [2023] NZEnvC 180 Drinnan v Selwyn District Council [pdf, 312 KB]

   ...does not define what is meant by ‘sub-zone’. Ski fields aside, all areas in the rural zone are located on the planning map, albeit these are labelled ‘zones’ in the map legend. [92] Finally, while any activity within the rural zone is permitted subject to compliance with the conditions of the rule,56 we note the plan definition of ‘rural activities’ below: Rural Activity: means the use of land or building(s) for the purpose of growing or rearing of crops or livestock,...

3. Rata v Rata - Takahiwai 5F1 [2023] Chief Judge's MB 60 (2023 CJ 60) [pdf, 262 KB]

   ...BEQUEATH AND APPOINT all the estate real and personal of whatsoever kind and wheresoever situate of which I shall be possessed to which I shall be entitled or over which I shall have any disposing power at my death unto my trustee UPON TRUST:- (a) To permit my wife RIHI PITA RATA to have the use and occupation and enjoyment of my dwellinghouse erected upon the Takahiwai 5A5 block during her life she paying all rates and taxes and other outgoings thereon and keeping the same in a good an...

4. Appendix-6_Kerry-Pearce_87F-Report_Erosion-and-Sediment-Control_28-April-2023.pdf [pdf, 333 KB]

   ...Kerry Pearce – Erosion and Sediment Control 19 all times and the pump must be able to remove the impounded water without disturbing any sediment. 49. The Dewatering Management Procedure contains a Dewatering and Pumping Record Sheet – Permit to Pump that is to be completed and signed off by a site manager prior to any pumping. The Dewatering and Pumping Record Sheet – Permit to Pump ensures that any dewatering is undertaken in accordance with the Dewatering Management Pl...

5. Canterbury Westland Standards Committee v Eichelbaum [2014] NZLCDT 68 [pdf, 189 KB]

   ...(“suppressed”) would establish the breach of confidence. That submission is accordingly rejected. [71] Mr Eichelbaum also seeks to rely on the exception to confidentiality contained in Rule 8.4(f) of the Client Care Rules. This rule expressly permits disclosure of confidential information where it is “...necessary for the effective operation of a lawyer’s practice including … collection of professional fees”. Were Mr Eichelbaum to be a solicitor, who was able to sue f...

6. Sansom v Department of Internal Affairs [2016] NZHRRT 17 [pdf, 100 KB]

   ...information, the individual shall be advised that, under principle 7, the individual may request the correction of that information. (3) The application of this principle is subject to the provisions of Parts 4 and 5. [31] Refusal of access is permitted only in the circumstances identified in ss 27 to 29. In the present case only s 29(2)(b) is relevant. It provides: 29 Other reasons for refusal of requests (1) … (2) An agency may refuse a request made pursuant to principle 6...

7. [2023] NZEmpC 173 Pact Group v Robinson [pdf, 334 KB]

   ...obligations to staff under its own policy and Ms Robinson’s expressed cultural needs, and engaged with her on these points. And a fair and reasonable employer in the circumstances, particularly in light of the relatively frequent travel the company permitted at that time, would have arranged an in-person meeting. [32] Pact Group raised a concern during the course of the hearing that it had not been put on notice (including via the pleadings) that its cultural competency would b...

8. [2015] NZEmpC 94 NZ Meat Workers & Related Trades Union Inc v AFFCO NZ Ltd [pdf, 262 KB]

   ...the proposed individual employment agreements. Prospective employees were invited to take these away, consider them and, if they wished, to arrange a one-on-one meeting with a company representative although at which the second plaintiffs were permitted to bring a representative. Either at such a meeting or otherwise, the prospective employees were invited to return the company’s form of individual employment agreement (a complex 36-page legalistic contract resembling more one f...

9. Tatere v Te Aute Trust Board - Mangatainoka No 1BC No 2C Tamaki 2A2A Balance [2013] Māori Appellate Court MB 105 (2013 APPEAL 105) [pdf, 265 KB]

   ...(1734) 3P Wms 249. See also Butler et al Equity and Trusts in New Zealand (2009) Thomson Reuters, Wellington, at 497-502 24 [1898] 1 Ch 550 (CA) 25 [1902] AC 271 (HL) Maori Appellate Court MB 118 Moreover, as a fiduciary a trustee cannot permit any conflict between personal interests and the trustee’s duties to the beneficiaries: Boardman v Phipps.26 Discussion [42] Judge Coxhead found that the Trustees had broken the duty of impartiality on two counts. Firs...

10. Regulatory Impact Statement Implementation of the anti money laundering and countering financing of terrorism act 2009 proposed regulations [pdf, 1.1 MB]

    ...financial products and activities Product Altemative options (If any) Preferred threshold Stored Value Set maximum withdrawal thresholds, or Two thresholds: $5000 for stored value instruments that do not instruments maximum annual value thresholds. permit withdrawal of cash ('closed system'), and $1000 for Costs stored value instruments that permit cash withdrawals ('open system') Approach would Impact consumer demand, Costs and therefore reduce volume of bus...