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1. [2017] NZEnvC 193 Doctors Flat Vineyard Ltd v Central Otago District Council [pdf, 4.5 MB]

   ...unobtrusive with a low reflectivity. Satellite dishes shall not exceed 1 metre diameter. Covenant Conditions 15.A covenant shall be registered on the relevant computer freehold register stating that no complaint can be made from Lots 7-10 with regard to permitted rural activities on Lot 50, 51 (RC160321) and Lots 5 and 6 DP 452123. o ~ 16.A covenant shall be registered on the relevant computer freehold register that -' ,"5". / states: !Y ," /!,/ I ( \"&...

2. BORA Education Pastoral Care Amendment Bill [pdf, 218 KB]

   ...reason provided in the code. (3) A provider or signatory provider that is subject to a sanction under section 238L(1) may continue to have international students enrolled and may provide educational instruction to those students but only to the extent permitted by the sanction. Compare: 1989 No 80 s 238E 238F Providers may enrol persons as international students in certain circumstances However, a provider may enrol a person as an international student if the per- son is not a domestic stude...

3. LCRO 12/2014 EE v Standards Committee (31 May 2018) [pdf, 259 KB]

   ...retained by the mortgagee’s solicitor in the mortgagee’s solicitor’s trust account to be released on completion of work as certified by [FF] Valuations. In the event that the work is not undertaken and completed within the aforesaid time (weather permitting) the mortgagee may, independently of the mortgagor, have the work completed and may apply the proceeds of the retention to settle the accounts owing. [8] Clause 9, which is a standard clause of the mortgage, allows deduction for...

4. [2018] NZEmpC 138 Samuels v Employment Relations Authority [pdf, 295 KB]

   ...Appeal.13 The appeal was abandoned when amending legislation was introduced, providing that compliance with the principles of natural justice did not require the Authority to allow cross-examination but it could, itself, in its absolute discretion, permit cross- examination.14 [17] David is one of two cases which deal with the availability of judicial review for breach of natural justice in the Authority (as opposed to the Employment Court). Metargem v Employment Relations Aut...

5. 2022-04-29 ORC PC1 - [2022] NZEnvC 69 - Scope Decision on Landfills [pdf, 335 KB]

   ...greenwaste landfills, if new applications for resource consents are lodged. [43] New Policy 7.4.11 would not apply to existing landfills operating under an existing resource consent, unless a change in the operation of that landfill meant a relevant permitted activity rule could not be complied with.47 [44] Ms Lee disagrees that the purpose of PC1 is not explicit and refers to the affidavit filed in support of the provisions agreed at mediation, which includes further detail of...

6. [2022] NZACC 92 - Carey v ACC (18 May 2022) [pdf, 298 KB]

   ...stated: [21] … the task which the lower Court is engaged upon is the application of the law to the facts before it in the individual case. It involves a question of law only when the law requires that a certain answer be given because the facts permit only one answer. Where a decision either way is fairly open, depending on the view taken, it is treated as a decision of fact, able to be impugned only if in the process of determination the decision-maker misdirects itself in law....

7. Macdonald v Accident Compensation Corporation (Further ruling on application to recall judgment) [2024] NZACC 29 [pdf, 236 KB]

   ...an exceptional procedure. 6 R v Nahkla (No. 2) [1974] 1 NZLR 453 at 456. 7 Nottingham v Real Estate Agents Authority [2017] NZCA 145 at [9]. [30] He submits that Ms Koloni’s contentions about running out of time or not being permitted to speak to some presentation are without an objectively valid basis and absent proper context. [31] He notes that no Court is required to allow unlimited time for submissions; still less on appeal, or about matters properly irrelev...

8. 2024-NZEnvC-016-Director-General-of-Conservation-v-Northland-Regional-Council.pdf [pdf, 1.6 MB]

   ...the appeal. Thus, as noted earlier, Te Make and Te Rarawa now utilise around 1.6Mm3 per annum. We accept that this is a significant increase in the extraction from the aquifer. However, the previous maximum extraction volume of 2.3Mm3 was permitted for a considerable period and it is within the Northland Regional Plan allocation limit for the subzone. The question needs to be decided whether we can vary the Stage 1 limits within the scope of the appeal. Balance of appeal i...

9. Moeahu v Winitana - Waiwhetu Pa No 4 (2014) 319 Aotea MB 166 (319 AOT 166) [pdf, 164 KB]

   ...310 Aotea MB 172-190 (310 AOT 172-190) 319 Aotea MB 170 Mr Winitana’s submissions [12] Mr Winitana contends that there have been no claims that he has personally profited from the transactions in question, merely that he was not expressly permitted by the Trust to make payments to his company, Ngamoko Energy Limited (“Ngamoko”). [13] Mr Winitana states that it is evident that there were widespread failures in the operation of the Trust, given that there is no trust order a...

10. HP v ST LCRO 292/2012 (20 January 2015) [pdf, 79 KB]

    ...Responsibility and the Lawyer. He says:9 When a lawyer seeks to terminate the lawyer-client relationship a good reason for doing so must exist. Moreover, if the retainer’s termination would cause considerable prejudice to the client, termination is not permitted. That the lawyer has undertaken too much work is not a justification for terminating the retainer once accepted, although it would have been a ground for declining it in the first place. Similarly, the fact a client is di...