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1. E1 Rod Marler Corporate EIC Applicant [PDF, 1.3 MB]

   ...breakwaters and the wave panels for a period of 35 years. This provides for legacy use of this public waterfront wharf space for the maximum duration possible under section 123 of the RMA. Likewise, consent is sought for all necessary regional permits for a 35-year duration. 4.27 The America’s Cup event periods sought are specifically limited to a six month period, the first commencing in December 2020 and culminating in May 2021. The six month period is sought in order to enabl...

2. Alasdair Morrison (dated 2 June 2017) [pdf, 3.9 MB]

   ...actual viability of the project is uncertain and could leave Dunedin City Council exposed to some significant financial risk. h) There has been no verifiable evidence presented that adjacent landowners would allow access to their properties to permit the heavy transport movements up the access road. g) The appellant has not presented any evidence about how the environmental consequences of modifying the access road could be mitigated. The statement in the evidence of Mr. Will...

3. [2023] NZEnvC 096 AJ & VF Barr Family Trust v Whakatane District Council [pdf, 622 KB]

   ...the site by 12:30 am. (b) All other events (including events for up to 50 people): 7:30 am to 10:00 pm Monday to Sunday inclusive, with all guests to leave the site by 10:30 pm. “A” Amended Consent Conditions (clean) Noise 14. Except as permitted under condition 22, all activities on site must be designed and conducted so that noise from the activities as measured at any point within the notional boundary of any dwelling, where an affected person’s approval has not been lodged wi...

4. [2021] NZEmpC 155 Best Health Foods Ltd v Berea [pdf, 290 KB]

   ...was held that the mere fact of a payment in lieu of notice does not itself prevent a termination from being a summary dismissal.15 [18] On the strength of its findings as to fact, the Authority determined that payment in lieu of notice, although permitted by the employment agreement, could not and did not, cure a defective notice. 10 At [22]. 11 At [29]. 12 At [36]. 13 At [39]. 14 At [40]. Reference was made to Catherine Soanes and Angus Stevenson Concise Oxford Engl...

5. Black v Nohotima - Ruatoki A Section 22B No 2C No 3 (2019) 228 Waiariki MB 3 (228 WAR 3) [pdf, 207 KB]

   ...owners of the land were appalled to know that Peti and Tokai used their legal status as owners of the house to try and evict her and her mother. She contends that the view amongst the wider whānau and the community is that Anituatua should be permitted to continue occupying the house for her lifetime and after that there should be a hui of owners to consider future occupation. [21] In terms of the maintenance of the house, Rangitunoa provided recent photos taken of the house. She...

6. Punjab Knoll Body Corporate v Wellington City Council & Ors [2014] NZWHT Auckland 9 [pdf, 93 KB]

   ...Limited v Lloyd (2006) 18 PRNZ 199 (HC) referred to in Procedural Order 11 dated 6 August 2014 at [8]. In that case Miller J concluded that r 12 of the District Court Rules (similar to s 92(2) of the Weathertight Homes Resolution Services Act 2006) permits the Court to amend a judgment so as to substitute another defendant, where it has been shown that the defendant was wrongly named due to an accidental slip or omission that was not identified and addressed before the judgment was seale...

7. Myoak Holdings Ltd v Te Huia - Waipuka 2T Roadway (2019) 75 Tākitimu MB 90 (75 TKT 90) [pdf, 316 KB]

   ...maintained and who pays for it, and other ancillary issues relating to its use. [4] Having regard to the status of this broader application, the applicant has therefore sought an injunction under s 19(1)(b) of the Act. It submits that s 19(1)(b) permits the Court to make an order by way of an injunction prohibiting any persons, where proceedings are 1 A20130003329. 75 Tākitimu MB 92 pending before the Court, from dealin...

8. [2010] NZEmpC 79 Silver Fern Farms Ltd v North [pdf, 50 KB]

   ...earnings related compensation following the lodgement of his claim for his injury with the Accident Compensation Corporation (the Corporation). [6] Silver Fern is what is known as an accredited employer under the Accident Compensation Act, permitted to self manage accident compensation claims and so enabling it to pay reduced levies. [7] At the time, the relevant collective agreement created an expectation that injured employees would come in to work and attempt to underta...

9. [2012] NZEmpC 7 Transpacific All Brite Ltd v Sanko & Combs [pdf, 103 KB]

   ...employment relationships between Transpacific and the Messrs Combs and Mr Sanko. The second cause of action in the High Court is for breach of the agreement for sale and purchase by the second defendant Michael Combs. [20] The High Court has now permitted Transpacific to add a fifth defendant to its proceedings and, therefore, a second amended statement of claim represents the plaintiff’s position in the High Court. The significance of that further amended pleading is that it cl...

10. [2008] NZEmpC AC 47/08 Allright v Canon NZ Ltd [pdf, 48 KB]

    ...information by Mr Allright having judged incorrectly, but innocently, that the information was not confidential. As Mr Hood pointed out, the confidentiality clause would not be effective to prevent disclosure of this type but, if Mr Allright was not permitted to be involved with Fuji Xerox during the period of restraint, the risk of it occurring would be greatly reduced. [24] In support of this concern, Mr Hood pointed to the fact, which was acknowledged by Mr Allright, that he had...