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1. [2017] NZEmpC 94 Crimson Consulting Ltd v Berry [pdf, 268 KB]

   ...one of procedure so that the statutory bar under s 179(5)(b) of the Employment Relations Act 2000 (the Act) would apply. If there was jurisdiction to hear the challenge, the issue would require consideration of s 160(1)(e) of the Act, which permits the Authority to decide if an investigation meeting would not be heard in public. (b) Were the relationship problem to be removed to the Court, the Court would determine its own procedure, including whether some or all of the hearing...

2. Canterbury Westland Standards Committee v Withers [2013] NZLCDT 39 [pdf, 229 KB]

   ...out in an affidavit by Mr Adamowski dated 24 July 2013. [15] The law is quite clear in respect of such matters. Generally, once a party has closed its case (or as in this case, after judgment has been reserved), no further evidence will be permitted. While the Tribunal has the power to admit further evidence arising from its ability to regulate its own procedures in the interests of justice, there are some principles to be observed. It is a power which has been held to be a...

3. [2016] NZEmpC 1 Kilpatrick v Air New Zealand Ltd [pdf, 252 KB]

   ...did not attend as required. Ms Eppingstall disputed this evidence from Ms Kilpatrick and also pointed out that crew control operate computer software programmed with rostering rules in the collective employment agreement. That system would not permit crew control to allocate flying duties that would breach duty times and rest periods required under the collective employment agreement. I do not accept that Ms Kilpatrick suffered a disadvantage as a result of being required to repo...

4. Evesham v Auckland Standards Committee LCRO 136 / 2009 (5 November 2009) [pdf, 190 KB]

   ...to open up separate accounts under r 5(1)(b) where the funds belong to more than one client jointly. Rather in such a case they are to be treated as one client and a single account in the joint name is to be used. [76] Rule 5(1)(c) does not permit a lawyer holding funds in dispute as stakeholder to accede to the request of his or her client as to the use of the money and to ignore the basis upon which the funds were expressly paid. Receipt [77] It was also argued that the recei...

5. Gardiner v Gorringe (2011) 25 Waikato Maniapoto MB 83 (25 WMN 83) [pdf, 293 KB]

   ...implied provisions of s 106(b) of the PLA. [70] Where there is an express covenant or power in a deed or memorandum of lease dealing with the same obligation or the same right, no implication of any other covenant on the same subject matter is permitted. 10 Have the Defendants Breached Clause 8 of the Lease? [71] The applicants‟ case is that clause 8 of the lease imposed upon the defendants an obligation to maintain the overall quality and balance of the soil structure when...

6. [2024] NZEnvC 187 Gisborne District Council v Barraclough [pdf, 6.2 MB]

   ...\ Please refer attached stabilization plan on Appendix B. CIVIL ASSIST |Site Stabilization Plan — Part 01 | Fearless Star Ltd. Th \ NZ Topmost DEB The topmost decanting earth bund at the spill location must be elevated further without permitting water to overtop it and enter the western valley. Water will naturally flow over the protected spillway to the east. Ridge Track At the base of the ridge track, water should be diverted towards the western valley using a cutoff dr...

7. Memorandum of Counsel for Wellington International Airport Limited (17 January 2018) [pdf, 386 KB]

   ...of a runway strip to a distance of: at least 240 m …; or a reduced length when an arresting system is installed”.15 The reference to arresting systems (such as EMAS) came about because, in November 2013, the ICAO amended Annex 14 so to permit the length of a RESA to be reduced if an arresting system was installed. Guidance is provided in para 10.2 of Attachment A to Annex 14 as follows: 13 Annex 14, cl 3.5.3. 14 Foreword...

8. Directory of Official Information J-L [pdf, 834 KB]

   ...• leveraging the company’s core competencies by entering into long-term leasing of land for dairy and sheep and beef farming • optimising the company’s genetic capability by marketing its genetically superior sheep, beef and deer • to permit wind farming on its properties as an adjunct to its core farming business and where appropriate, for the purpose of supplying primarily its own energy needs, to develop, operate and own small scale wind turbines on its properties, whether...

9. [2019] NZEnvC 071 Eyre Community Environmental Safety Society Incorporated v Christchurch Regional Council [pdf, 16 MB]

   ...Canterbury Land and Water Regional Plan and Canterbury Air Regional Plan, would have no material impact on the proposal. Some changes to the rules in the Regional Air Plan concerning dust, hazardous substance storage and stormwater discharge may create permitted activity status in relation to them. The Applicant is to confer with the Regional Council as to whether it can operate in accordance with those rules or alternatively still needs relevant consents with conditions to form part...

10. ENVC Hearing 6Oct14 AC evidence chief Stephen Brown [pdf, 8.9 MB]

    ...(Subdivision), 24 (Earthworks), 25 (Indigenous Vegetation Clearance) & 26 (Lot Coverage) involving detailed assessment of the Waiheke and Great Barrier Island landscapes in respect of their capacity to accommodate changes to the relevant thresholds for permitted and discretionary activities and assessment criteria leading to recommendations in relation to each Plan Change - for Auckland City. Auckland Urban Coastline Assessment: Waiheke Island Coastal Landscape Assessment: Great Barr...