Search Results

1. [2024] NZEnvC 246 Noakes v Waikato District Council [pdf, 501 KB]

   ...an efficient way to achieve the objectives of the proposal and the PDP by clearly setting stormwater standards and direction for decision makers, while retaining the activity status of affected activities and ensuring the ability to comply with permitted activity standards; and (d) The assessment of the proposed amendments has also shown that they will be an effective way to achieve the objectives of the proposal and the PDP by providing for more effective stormwater management and...

2. [2024] NZEnvC 266 McCallum Bros Limited v Auckland Council [pdf, 373 KB]

   ...final submissions. [23] Mr MacRae for McCallum Bros then advised the Court that they intended to file an application for strike out in respect of the MKCT evidence and as a party on the basis that they were a trade competitor. 14 Coastal permits: ARC28165, ARC28172, ARC28173 and ARC28174 15 McCallum Bros Limited v Auckland Council [2023] NZEnvC 130; McCallum Bros Limited v Auckland Council [2023] NZEnvC 138. 16 The Court received notice that the mid-shore appeal would be withd...

3. X Ltd v Q Ltd [2024] NZDT 261 (14 March 2024) [pdf, 185 KB]

   ...matter or thing (each an “Action”) of the Vendor, the Purchaser or any independent expert under or in respect of this contract or otherwise in relation to any stock (or animals from which the stock are selected). Q Ltd shall, to the maximum extent permitted by law, have no liability for any Action of Q Ltd in respect of this contract or otherwise in relation to any stock (or animals from which the stock are selected). (b) Q Ltd is not in any circumstances liable to the Vendor, the...

4. [2024] NZEnvC 253 Karmarkar v Auckland Council [pdf, 263 KB]

   ...one or more communal living areas, including kitchens. 7 Karmarkar v Pendem and others [2018] NZHC 693 at [32]. 9 This definition is nested within the Residential nesting table. [30] Student accommodation appears to be provided for as a permitted activity in the Special Purpose – Tertiary Education zone (rule H30.4.1(A4)) but not in other zones under the AUP. [31] The use and application of nesting tables is set out at sections J1.1.2 and J1.1.2. The Residential nesting...

5. Ngati Paoa (2009) 141 Waikato MB 271 (141 W 271) [pdf, 211 KB]

   ...trustees resolved that the $1,000,000 Railway settlement fund be retained by the Whānau Trust as the interest accrued from the fund covers the cost of keeping the Farm Trust from insolvency; b) On behalf of the Whānau Trust, she requested that it be permitted to retain the Railway settlement fund of $1,000,000 with the interest used to cover the ongoing costs, in particular, of the Farm Trust. [59] It is regrettable that neither Mrs Gordon nor any of the other trustees appeared...

6. [2024] NZEmpC 251 The Chief of New Zealand Defence Force v NZ PSA Te Pūkenga Here Tikanga Mahi [pdf, 263 KB]

   ...July 2021 for non-union employees. In those circumstances, we consider that, while the NZPSA members received their pay rises after the non-union employees, that was part of the different deal negotiated between NZPSA and CDF in 2020, and was permitted by s 9(2). We find there was no breach of s 9. Was there a breach of good faith under s59B? [48] We now turn to whether, in fixing the 2021 increases for non-union staff, CDF passed on a term or conditions that had been a...

7. [2024] NZEnvC 127 100WPS Trustee Limited v Queenstown Lakes District Council [pdf, 18 MB]

   ...irrigated during dry spells as required to maintain healthy plant growth. 10. All indigenous vegetation, as shown on the certified Detailed Planting Plans shall be protected, and shall not be removed, damaged or altered in any manner, except as permitted within the defined ‘view corridors’ for the amenity building as shown on the certified Detailed Planting and Landscape Plans. 11. All areas of planting, shall achieve and be maintained as a closed canopy and shall not be...

8. [2015] NZEmpC 34 Rodkiss v Carter Holt Harvey Ltd [pdf, 349 KB]

   ...considered that the wrong process was being used, Mr Rodkiss would have signed the document and co-operated fully in its implementation. [106] The question which arises is why was the relationship between these two senior managers in the company permitted to deteriorate in such an unseemly way? As noted above, at the meeting on 22 February 2013, Mr Walker told Mr Rodkiss that Mr Slade did not like any of the CHH Woodproducts engineering managers. Mr Slade was the CHH Group Genera...

9. 20231124-Courts-BIM_Redacted_FINAL.pdf [pdf, 1.1 MB]

   ...Resource Management Act 1991. The Court largely deals with appeals about the contents of regional and district plans and appeals arising out of applications for resource consents. The consents applied for may be for land use, a subdivision, coastal permit, water permit, discharge permit or a combination of these. In the year ending June 2023, the Environment Court disposed of 407 cases. This was an increase of 106 compared to the year ending June 2022. Māori Land Court The Māori L...

10. [2015] NZEmpC 92 Hally Labels Ltd v Powell [pdf, 426 KB]

    ...Apparel Ltd v Thornton Hall Manufacturing Ltd [1989] 3 NZLR 304 (CA) at 309. [13] Similarly in Whakatane District Council v Bay of Plenty Regional Council, Duffy J stated: 3 It is clear from these cases that an application for leave to permit late amendments to a pleading requires the Courts to conduct a balancing exercise between the general concern the parties to litigation comply properly with procedural requirements and the particular interest in each case of ensuri...