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1. [2022] NZEnvC 037 Bagnall v Tasman District Council [pdf, 20 MB]

   ...of the development shall be completed prior to occupation of the buildings within that stage. Service deliveries All delivery and service vehicles entering and exiting the site for the purposes of the operation of the care facility shall be permitted to enter the site only between 7.00 am and 9.00 pm. Lighting All site lighting shall be designed to ensure it is directed away from adjacent residential properties so that the light is directed onto the site. All site lighting sha...

2. ENVC Hearing 6Oct14 TGKL lay attach 3 hazardous substances [pdf, 881 KB]

   ...(WES) for that substance, if a WES for that substance exists. R-2 Controlled work area and signage To protect sensitive areas from exposure arising from spraydrift of the substance, the application of the substance by spray techniques is permitted provided that it is done in a controlled work area. The extent of the controlled area should be sufficient to ensure that off-target deposition of the substance is avoided. Additionally, this will also protect bystanders from...

3. McKinney v Cassidy [pdf, 259 KB]

   ...position. In this respect the law can be stated as follows: 1. The builder of a house owes a duty of care in tort to future owners. 2. For present purposes that duty is to take reasonable care to build the house in accordance with the building permit and the relevant building code and bylaws. 792-01514-McKinney

4. Hipango v Peehi - Atihau-Whanganui Incorporation (2008) 221 Aotea MB 152 (221 AOT 152) [pdf, 11 MB]

   ...Aotea MB 176 committee's decis ion making processes so that consultation with shareholders remains mean ingful. It must be stressed that all shareholders are entitled to notice of sllch hui, regardless of whether or not their circumstances permit their attendance. [48] Similarly I find nothing untoward in the process for creating the sub-committee, its membership and its allocation of the modest sum of $5,000 for the purpose of such hui . Indeed, the committee members who were...

5. RM ND and DD v EQC & VERO Insurance New Zealand Ltd (substantive) [2022] CEIT-2019-0074 [pdf, 1.8 MB]

   ...competent jurisdiction may make in terms of the general law of New Zealand and specifically under the terms of the insurance policy between the parties. The policy entitles Vero to make the election it has. [52] The general law of New Zealand permits a Court (or this Tribunal) to make an order in the nature of specific performance of the insurance policy terms which provide for Vero to elect to pay such sums as are payable to repair CES damage. Accordingly, the Tribunal has jur...

6. 2021-05-24 NPSREG Implementation Guide [pdf, 455 KB]

   ...small and community-scale REG activities, as these will be an important contributor to achieving the objectives for the region. The purpose of these policies is not only to guide decision-making at a regional level (eg, for regional consents and permits), but, just as importantly, to ensure a consistent and coordinated response to the management of REG activities by constituent territorial authorities within the region. In managing the effects of REG activities, a RPS could include the fo...

7. 5_WK-respose-to-Regional-Councils-request-for-information-under-section-92-final-v2.pdf [pdf, 538 KB]

   ...taking water is provided in Volume II. The strategy is to minimise the taking of surface water by utilising water on site, in the first instance, where it is practicable to do so. For example, through the use of an existing bore water where it is permitted to be used for road construction purposes. Further, Appendix 4.7 of the Design and Construction Report provides information and analysis on surface water demands and constraints. This includes approaches to managing water takes to en...

8. [2022] NZEmpC 5 VMR v Civil Aviation Authority [pdf, 519 KB]

   ...authorise any person or class of persons to authorise specified activities that would otherwise be prohibited by an order made under the COVID-19 Act. The section also provides that if a thing can be prohibited under the COVID-19 Act, it can be permitted but only subject to specified conditions.33 [147] Section 13 describes the legal application of the effect of orders. It states that a s 11 order may not be held invalid just because it is, or authorises any act or omission that...

9. Auckland District Law Society v Dorbu [2010] NZLCDT 9 [pdf, 217 KB]

   ...lawyers, the Registrar of the Family Court, the Bank of New Zealand, a firm of real estate agents and Mr Barge. The Tribunal declined the applications made by Mr Dorbu following which the application for review referred to was filed and Mr Dorbu was permitted time for that to be heard and determined before the substantive hearing continued. [28] In addition, Mr Dorbu on the first day of the hearing presented the Tribunal with a medical certificate indicating that he was not in a...

10. [2024] NZEmpC 123 Wiles v University of Auckland [pdf, 536 KB]

    ...other tertiary institutions) be preserved and enhanced.16 [84] In exercising their academic freedom and autonomy, universities must act in a manner that is consistent with: (a) the need to maintain the highest ethical standards and the need to permit public scrutiny to ensure the maintenance of those standards; and (b) the need to be accountable and make proper use of resources allocated to them.17 [85] In this context, academic freedom means that, as they carry out their work,...