Search Results

1. [2019] NZEnvC 188 Elly S-Y Pan v Auckland Council [pdf, 3.2 MB]

   ...relief sought in the appeal. That is between the existing plan provisions, whereby a failure to meet the Standard requires a Discretionary Activity consent, and the relief sought in the appeal, whereby a failure to meet the Standard is effectively permitted, as Ms Pan sought to delete this rule . [1 OJ The parties' submission is that due to the relief sought by Ms Pan the decision to make the activity table operative was an oversight. Precinct Plan 1 [11] In relation to the c...

2. Langhorne v ACC [2010] NZACA 4 [pdf, 286 KB]

   ...Tui submitted that the Corporation’s calculation of relevant earnings is fair and reasonable. [127] So far as increment increases are concerned, Mr Tui sees no evidence being available with regards to the appellant’s employment in 1976 to permit an alternative incremental increase. Accordingly, it is Mr Tui’s view that the Corporation’s reliance on the award rates is the only information upon which to make the estimate. Decision [128] First the situation is that the...

3. Turangawaewae Trust Board v Takerei - Section 166 Suburb of Newcastle North (2013) 67 Waikato-Maniapoto 113 (67 WMN 113) [pdf, 213 KB]

   ...to the Ngaruawahia Pa Regulations, 1940 which record that Kingi Te Rata held certain lands in trust: For the use and members of his tribe and of all people who shall fully acknowledge his Chieftainship or that of his successors as a Papakainga to permit such members and people to occupy the said land free of all rent or charges of a like description and without hindrance or without restriction of any kind except such as shall be introduced from time to time for the welfare of the people...

4. LCRO 40/2021 PT v UT and RL t/a Law Firm A (28 April 2022) [pdf, 266 KB]

   ...raising objection to allegations contained in the statement of claim, notwithstanding that members of the [LAW FIRM A] staff who had read the statement of claim were offended by it; and (d) [LAW FIRM A]’s decision to surrender its file and permit its trustee company to be removed from the trust reflected an appropriate recognition of its professional obligations and should not be construed as indication that [LAW FIRM A] accepted allegation that it had mismanaged matters; and...

5. Director of Human Rights Proceedings v New Zealand Institute of Chartered Accountants [2015] NZHRRT 54 [pdf, 182 KB]

   ...material must be compiled: [100.1] solely [100.2] for the purpose of determining the suitability, eligibility, or qualifications of the individual to whom the evaluative or opinion material relates. [101] In our view the text does not require or permit a reading down of any of the three categories of employment or appointment to office, insurance and contracts, awards, scholarships, honours or other benefits. [102] This reading is reinforced by the fact the shortened version of s 29...

6. [2024] NZEnvC 100 Merveber Limited v Auckland Council [pdf, 3.2 MB]

   ...unexplained to the Court, this condition was not carried down onto the remainder title upon the subdivision. [17] Although originally the review of such consent notices was not within the purview of the RMA, more recent amendments to the Act now permit such conditions to be reviewed or removed by the Court on application. Accordingly, the Applicant has sought to remove this condition. [18] As we understand it, a consent notice was to be placed on the title for 82 Kahikatea Fl...

7. Hill v Whimp [pdf, 158 KB]

   ...given that the dwelling was built 12 years before the hearing. [47] The Claimants argue that the evidence which supports their view that the First Respondents built or developed the dwelling themselves includes that Mrs Whimp applied for the permit and corresponded directly with the local body regarding consent issues, that the First Respondents gained experience from building the house at Birkley Road, that the limited time they owned the subject property supported the view that...

8. Beattie v Official Assignee [2021] NZHRRT 21 [pdf, 280 KB]

   ...personal information requested by Mr Beattie under IPP 6. The Tribunal finds that with the exception of a very small number of insignificant documents, the Assignee both provided the information sought and correctly withheld certain other information as permitted by law. Legislative changes [2] The relevant information access request was made in 2015 at a time when the then Privacy Act 1993 (PA 1993) had application. That Act was repealed from 1 December 2020 by the Privacy Act 2020...

9. Memorandum of Counsel for Wellington International Airport Limited (dated 07 May 2018) [pdf, 825 KB]

   ...lInacceptable If requirod. this roGOnfigumtion could be achieved utilising the current resource consent application barore the Court, togethor with a minor redesign at the northern end of the runway withill WIAL's current landholding as a permitted activity within tho 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. It is considered t...

10. [2014] NZEmpC 119 Pact Group v SFWU & PSA [pdf, 271 KB]

    ...a common theme of both cases, and others. [7] During final submissions Mr Oldfield, counsel for the defendants, sought leave to add a further remedy for breach of s 9 of the Act. Very fairly, Mr Dorking did not oppose that application and I permitted the defendants to add a compliance order under s 137 of the Act, to their cross-challenge remedies. Mr Dorking was allowed a period to consider and make submissions on the question of this remedy, with Mr Oldfield having a subsequen...