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1. Beef + Lamb NZ EiC J M Chrystal Agricultural Science 5 Feb 2021 [pdf, 3.8 MB]

   1 IN THE ENVIRONMENT COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY I TE KŌTI TAIAO O AOTEAROA ŌTAUTAHI ROHE ENV-2020-CHC-127 UNDER the Resource Management Act 1991 (RMA) IN THE MATTER of the Water Permits Plan Change - Plan Change 7, being part of a proposal of national significance directed by the Minister for the Environment to be referred to the Environment Court under section 142(2)(b) of the RMA AND IN THE MATTER of an application under section 149T o...

2. Waitangi Tribunal - Principles of the Treaty of Waitangi as expressed by the Courts and the Waitangi Tribunal [pdf, 190 KB]

   ...reflected “an absence and even a repudiation of any suggestion that Ngäi Tahu’s representations could materially affect the decision”.376 The Court also rejected the proposition that Ngäi Tahu had a veto over the allocation of new whale-watching permits under 88 HE TIROHANGA Ö KAWA KI TE TIRITI O WAITANGI the Marine Mammals Protection Regulations 1992.376 In a later case, Watercare Services v Minhinnick (1998), the Court of Appeal held that: s 8 [of the Resource Management Ac...

3. [2013] NZEmpC 157 Service and Food Workers Union Nga Ringa Tota Inc v Terranova Homes and Care Ltd [pdf, 343 KB]

   ...be applied in such a manner as to give full effect to the provisions of the Convention … The Committee also requests the Government to indicate whether any judicial or administrative tribunals have interpreted the equal remuneration laws as permitting cross-contractual complaints and to provide copies of any such decisions. [71] We do not understand the Committee to be expressing a concluded view as to the ambit of s 3 or the reach of the Court’s jurisdiction under the Act. In...

4. Tackling money laundering and terrorist financing consultation [pdf, 321 KB]

   ...for information about account holders. However, under the AML/CFT Act, there’s arguably some uncertainty regarding the FIU’s ability to ask reporting entities for information about customers. In addition, there may be circumstances not currently permitted under the Act where the FIU could share information with reporting entities to assist in the disruption of criminal activity. Under section 77, the Act provides protections for reporting entities to engage with the FIU and supervi...

5. [2006] NZEmpC CC 7/06 NZ Meatworkers Union Inc v Alliance Group Ltd [pdf, 156 KB]

   ...the former award framed in similar terms recognised continuity from season to season. (k) Clause 60 dealt with superannuation and provided that, during the off season, workers were not required to withdraw from the superannuation scheme but were permitted and required to remain as members. (l) Clause 61 contained a linkage to the redundancy agreement. Miss French submitted this had applied to the Ocean Beach plant when it closed during an off season and the amount of redundancy co...

6. Taylor v Corrections [2018] NZHRRT 35 [pdf, 308 KB]

   ...Corrections in August 2014 which made provision for all staff names to be removed from information released to prison inmates under IPP 6 without giving consideration to whether each individual redaction could be justified under the withholding grounds permitted by the Privacy Act. Mr Taylor submits such policy was unlawful and relies on Kelsey v Minister of Trade [2015] NZHC 2497, [2016] 2 NZLR 218. [18] As to the watermark complaint, Mr Taylor said in evidence that the heavy overprint...

7. Environment Court Annual Review 2016 [pdf, 1.1 MB]

   ...the risks to, species of fauna in New Zealand’s rivers. Water take and use — Water divert — River — Effect adverse — Earthworks This was an appeal about an application to take water from the Waimakariri catchment by obtaining a new permit to take water from the Cass River (“the river”) (a tributary in the upper catchment) which the applicant P and E Ltd (“PE”) proposed to substitute for existing permits in the lower catchment. PE had sought resource consent to take...

8. Quality and Value Audit Terms of Reference 2018 [pdf, 560 KB]

   ...the appropriate Approval/s to undertake such work and complies with any Condition/s of their Approval/s. This applies whether the delegated provider is to be paid or unpaid, and 4.2.5. must ensure that any work delegated to a non-lawyer is of a kind permitted by the policy, and must provide appropriate supervision. CON 3.6 In accordance with section 105 of the Act, the Provider must not take any payments relating to Legal Aid Services or Specified Legal Services unless those 7 Provider Co...

9. [2010] NZEmpc 111 Smith v Stokes Valley Pharmacy (2009) Limited [pdf, 126 KB]

   ...Ms Smith’s employment agreement required the employer to give four weeks’ notice of dismissal, including where termination of the employment agreement was undertaken in reliance on the trial period, as it was in this case. Although it also permitted expressly the company to make a payment in place of some or all of the notice period not given, the payment made by the defendant of two weeks’ wages was deficient by half for a summary dismissal, as this was. Deficient notice wa...

10. [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...