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1. [2021] NZEmpC 138 The 20 District Health Boards v New Zealand Nurses Organisation [pdf, 378 KB]

   ...effective contingency plan to be put in place. 19 At [11]. [56] Given a purposive approach, Judge Couch found that the scope of the negotiations under cl 12(5) and the jurisdiction of the adjudicator under cl 13 must be wide enough to permit the parties to agree, or the adjudicator to determine, all issues relating to the provision of an LPS agreement necessary to make the employer’s contingency plan effective. But, he held, the interpretation of those provisions s...

2. LCRO 97/2019 DH v MB (29 June 2020) [pdf, 273 KB]

   ...Court “to remove Mr CP”. (3) Mrs RS’s will, May 2010 [39] Ms DH says Mrs RS’s will (a) omitted naming [Ms DH], and her sister as beneficiaries, and (b) did not explain “why” Mrs RS left Mr CP “15% of the [property] value”, and “permitted [Mr CP] to stay in the house [for] 12 months” after [Mrs RS’s] death. [40] She repeats the firm similarly does not have any file notes made by Mr MB on this matter particularly concerning “the possibility of a future claim�...

3. Andrews v Commissioner of Police [2013] NZHRRT 6 [pdf, 121 KB]

   ...personal information in question. [48] The subordinate position of the Privacy Act in relation to the CDA in this regard is reinforced by the fact that s 39 of the CDA amended the withholding grounds in s 29 of the Privacy Act. An agency is now permitted to refuse to disclose any requested information if: (ia) the request is made by a defendant or a defendant's agent and is— (i) for information that could be sought by the defendant under the Criminal Disclosure Act 2008; or...

4. 2023-10-10-Rebuttal-Evidence-of-J-McConchie-Hydrology-and-Flooding.pdf [pdf, 987 KB]

   ...the scale of earthworks. Generally, the threshold for requiring a land use consent for earthworks would far exceed that required to block or alter the overflow channels. In my opinion therefore, the small changes in flooding in these areas is permitted currently. I can see no justification for these effects, which are permitted by current landowners, to be managed by the Ō2NL Project. 80. It is my opinion that the effects of the Project, irrespective of their magnitude, must b...

5. [2018] NZEnvC 239 Mawhinney v Auckland Council [pdf, 851 KB]

   ...lodged in November 2011, the operative district plan was the Waitakere City District Plan ("the Waitakere Plan") which had been notified in 1995. [14] The relevant rules (italicised words are defined in the Waitakere Plan) are: 2.1 Permitted Activities (a) Subdivisions meeting the following Performance Standards are Permitted Activities (other subdivision rules do not need to be complied with): (i) boundary adjustments where any existing on-site connection to infrastruct...

6. [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...

7. [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,...

8. 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...

9. 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...

10. 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...