Search Results

1. [2019] NZEnvC 203 Director General of Conservation v New Zealand Transport Agency [pdf, 7.8 MB]

   ...Project. All consent applications were assessed as a single bundle. The overall activity status is discretionary. We are obliged to consider the matters outlined in ss 104, 104B (discretionary activities) and 105 and 107, which relate to discharge permits. [27] Our consideration under ss 171 and 104 is subject to Part 2 of the RMA. [28] The relevance of Part 2 to the consideration of applications for resource consent has been considered by the Court of Appeal in RJ Davidson Family Tru...

2. [2018] NZEmpC 154 TUV v WXY [pdf, 512 KB]

   ...step and assessing whether a settlement agreement can be relied on having regard to the “challenge” restrictions to employment settlements provided for by the statutory scheme. As Silber J observed in Horizon:11 … s. 203(2) of the ERA permits the parties to make valid compromise agreements but the word “agreement” must mean a valid agreement and the Employment Tribunal has to ensure that any purported compromise agreement is valid. [43] Subsequently in Dahhan Lady Wis...

3. Kidd v Maori Owners - Whenuanui No 2B [2021] Chief Judges MB 1409 (2021 CJ 1409) [pdf, 356 KB]

   ...Māori Affairs Act 1953 does not support the applicants’ submission that the transfer of a portion of shares in Māori freehold land converts those shares into shares of General land. Counsel further submits that the land transfer system does not permit one undivided block of land in multiple ownership to have two statuses. Te Ture The Law 10 2021 Chief Judge’s MB 1189-1211 (2021 CJ 1189-1211) at 1207. 2021 Chief Judge’s MB 1422 [31] The Chief Judge’s jurisdic...

4. E31A Urban Design and Landscape Architecture JWS [pdf, 4.6 MB]

   ...consent for lighting; and b. luminated (back-lit) and all variable message or LED screen signage will be covered by the Event Management Plan or subject to separate resource consent or signage bylaw approval. 2.6. No more than three flag poles are permitted for each base (on the base building or its associated yard area), with each: a. extending to not more than 25 metres above finished ground or wharf level; and b. able to accommodate a flag with a total area of not more than 32 squ...

5. Top Energy Ltd - Whakataha Z1C (2015) 104 Taitokerau MB 108 (104 TTK 108) [pdf, 243 KB]

   ...easement areas. Where there are power pylons, the land owners cannot in practice do anything with that part of the land. Where the land is beneath the power lines, there are restrictions in terms of land use to the extent that forestry would not be permitted and the owners could not erect buildings. In other respects the owners can continue with their grazing and other use of the land. How should the Court approach the issue of owner support for the electricity easements? [46]...

6. [2022] NZACC 132 - GG v ACC (11 July 2022) [pdf, 314 KB]

   ...pay or contribute to cost of treatment (1) The Corporation is liable to pay or contribute to the cost of the claimant's treatment for personal injury for which the claimant has cover if clause 2 applies,— (a) to the extent required or permitted under an agreement or contract with any person for the provision of treatment; or (b) if no such agreement or contract applies, to the extent required or permitted by regulations made under this Act; or (c) if paragraphs (a) and (b...

7. ZA v YB LCRO 135/2014 Recusal (31 August 2016) [pdf, 99 KB]

   ...general approach that judicial disqualification is not warranted on the basis of adverse rulings or decisions is also justified by appropriate concerns about proper judicial administration. There is huge potential for abuse if recusal applications were permitted to be predicated on a party’s subjective perceptions regarding a judge’s ruling. [101] We know of no common law jurisdiction which accepts that a judge’s adverse rulings are disqualifying per se. The problem is rather wh...

8. Foreman v Sanders – Estate of Rachel Ngeungeu Zister (2013) 63 Waikato Maniapoto MB 286 (63 WMN 286) [pdf, 191 KB]

   ...for the establishment of a whenua topu trust over the land contained in part Maraetai 3B Block (as described in clause 3 of the Will)? (b) Is it lawful for a Will generally to give such a binding testamentary direction? (c) Is such a direction permitted by s 108 of the Act? (d) Is the Maori Land Court able to receive an application from an administrator to constitute a whenua topu trust? 3. If the Court answers ‘yes’ to all the above questions, the administrator of the Estate wi...

9. [2009] NZEmpC AC 16A/09 Peterson & Anor v B Engineering Ltd & Anor [pdf, 87 KB]

   ...[56] The well established position at common law that is applicable to this part of the proceeding is that post-employment restraints of employees from competitive economic activity are unlawful and unenforceable. Statute law does, however, permit the Authority or a Court to modify such restraints to the extent as may be reasonable in all the circumstances. That is what the Employment Relations Authority did under s8 of the Illegal Contracts Act 1970 limiting Carl Peterson’s...

10. Memorandum of counsel for the Auckland Council in support of Notice of Motion under s291 of the RMA applying for waivers and directions dated 9 May 201 [pdf, 12 MB]

    ...• wave attenuation structures under or adjacent to wharves; • dredging; and • associated berths, fencing and facilities for all bases and event craft including superyachts. The Wynyard Hobson proposal also includes an additional occupation permit over an area of waters pace for the Hobson Wharf Extension, its two breakwaters and the associated waterspace to the west of Hobson wharf within Hobson Marina. The Viaduct Events Centre, located on the Halsey Street Extension Wharf, wil...