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1. Memorandum of Counsel for Wellington International Airport Limited (dated 07 May 2018) [pdf, 1.7 MB]

   ...unacceptable. If required, this reconfiguration could be achieved utilising the current resource consent application before the Court, together with a minor redesign at the northern end of the runway within WIAL's current landholding as a permitted activity within the Airport and Golf Course Precinct. 6. The RESA recommendation focuses on the appropriate length of the RESA in the context of Civil Aviation requirements informed by the Supreme Court decision. II is considered t...

2. OWRUG & Grape Vision Ltd - EiC - J Dicey - Horticulture (4 Feb 2021) [pdf, 1.1 MB]

   ...casual jobs have also been created due to this investment. 57. Short terms associated with water consents will compromise the values of vineyards and make development of additional productive area prohibitive. The costs of securing the short term permits are rapidly escalating and will redirect money to funding these applications rather than developing more productive land. 58. Water is applied in a very effective and efficient manner in accordance with industry best practice. Addition...

3. [2007] NZEmpC WC 29/07 Hawkins v Commissioner of Police [pdf, 91 KB]

   ...member ceases to be a member of the police when the notice period expires or is waived. Under both ss28C and 28D the Commissioner’s decision is made after considering medical reports. Under s28D which applies in this case, the Commissioner may permit such an application if he or she is satisfied that the member is incapable of performing police duties competently. [24] There are two material differences between s28C and s28D. First, a disengagement under s28C is compulsorily...

4. [2013] NZEmpC 207 Nee Nee v C3 Ltd [pdf, 139 KB]

   ...produced some bottles, including a ginger beer bottle he claimed to have retrieved from the bins, to corroborate his assertions. [17] Mr Nathan denied drinking beer on the premises but admitted drinking outside the premises as he was permitted to do. During the course of the disciplinary investigation, but not initially, he also indicated that he had gone to the supermarket to buy more beer and raised an assertion that he had only consumed ginger beer on the premises....

5. [2008] Olsen v Carter Holt Harvey IT Ltd Full Court [Chief Judge Colgan, Judges Shaw and Couch, AC 45/08 [pdf, 97 KB]

   ...conduct which was misleading and deceptive. This cause of action also raises principally issues of fact. 4 Unjustified dismissal [14] Mrs Olsen says that, although she was offered and accepted employment by DMS 2005, she was not permitted to take up that employment. She says that this was an unjustifiable dismissal. The issues raised by this cause of action are again essentially factual. They centre on whether, an offer having been made, Mrs Olsen accepted that...

6. [2024] NZEnvC 001 Havelock Village Limited v Waikato District Council [pdf, 2.9 MB]

   ...amended to refer to reverse sensitivity effects on industrial activities and that a more restrictive activity status is applied to dwellings and minor dwellings on General rural zoned land in proximity to the Hynds Factory Site; and (iv) the permitted activity standard for activities in the Heavy Industrial Zone is amended to provide for more than 250 vehicle movements per day (and with a larger proportion of the movements from heavy vehicles) from the Hynds Factory site. Cons...

7. LCRO 35/2017 QK v JF and EG (29 May 2019) [pdf, 259 KB]

   ...LJ in Hardwick Game Farm v Suffolk Agricultural Poultry Producers Assn Ltd: In giving its reasons for judgment [a Court] is not composing a general lecture upon a legal topic: it is setting out as succinctly as the time available for preparation permits, those propositions of law which it considers are correct, and which are essential steps in the decision it has reached in the particular case. It is not obliged to state an answer to the arguments against the propositions of law which...

8. [2018] NZSAAA 2 (31 July 2018) [pdf, 422 KB]

   ...full-time course the allowance “must be 4 suspended” whether or not it is, in a broader sense, fair or equitable to do so. The Regulations, in other words, do not provide the chief executive with anything approaching a general discretion, permitting continuation of an allowance in such cases only in the very narrow circumstance of the failure being due to “reasons beyond the recipient’s control”. [13] Whether or not a student has passed more than half a full-time cou...

9. Wanoa v Wanoa - Succession to Rawiri Wanoa [2023] Chief Judge's MB 186 (2023 CJ 186) [pdf, 528 KB]

   ...in Rawiri’s Māori freehold lands under both s 108(2)(c) and (e) of the Act (as it stood in 2015). While Michelle states that she does whakapapa back to Rawiri’s hapū, as a recognised whāngai under s 115, she falls within the scope of the permitted class of beneficiaries to whom an interest in Māori land can be devised. Therefore, proof of whakapapa connections in not needed in order for the Court to find her entitled to these interests. The respondents note that Christophe...

10. [2024] NZEnvC 043 Barclay Management (2013) Ltd v City Rail Link Limited [pdf, 378 KB]

    ...detailed design. The Court observed that some tolerance should be allowed, and it is appropriate for there to be inbuilt flexibility to accommodate detailed design requirements.25 [64] CRLL submits that the matters listed in s 176A that are permitted to be addressed later all have effects that are not necessarily anticipated at the notice of requirement stage. For example, the height or shape of a building may have different shading effects on adjoining owners; the likely finish...