Search Results

1. [2023] NZEnvC 190 Donaldson v Queenstown Lakes District Council [pdf, 913 KB]

   ...directed, the landscape and planning experts undertook further conferencing, producing two further joint witness statements. [100] In the JWS-Landscape (2), the landscape experts record agreement that, regardless of the number of lots that may be permitted under a modified relief option, there should be the amendments to rules for consenting purposes so as to allow for control of the effects of accessways and driveway paving in elevated views (requiring all such surfaces to be finis...

2. Taipari v Hauraki Maori Trust Board (2008) 114 Hauriki MB 34 (114 H 34) [pdf, 1.6 MB]

   ...the other hand the hui vote is determined to be invalid for failing to comply with the requirements of the draft Trust Deed or the MFA then again aggregation of the results of the two votes cannot take place. [64] Furthermore, the MFA does not permit aggregation on the basis of the ordinary principles of statutory interpretation and in light of the principles of the Treaty of Waitangi. The plain reading of section 17(2) of the MFA means that the intent is that a 75% approval rate be...

3. LCRO 9/2024 & 12/2024 QB v WF and SY & WF and SY v QB (27 June 2024) [pdf, 1.3 MB]

   ...Court judge. This is consistent with the fact that the applicant’s pleaded position as to the commencement date of the 90-day period changed between the District Court and High Court, thus triggering the argument as to whether the High Could would permit her to do so. [205] I consider this issue to be tangential to my inquiry for the reason stated in the following five paragraphs. [206] Mr Y’s evidence and submissions recorded in paragraphs [197] to [199] were submitted after I ha...

4. Putman v Jenmark Homes Ltd [pdf, 230 KB]

   ...Determination 12 4.2. We heard significant evidence about the Harditex system involved in this construction and an Appraisal Certificate issued by Building Technology Limited (BTL). 4.3. It is important to emphasise that s58 of the Building Act permits an application to be made to the Building Standards Authority (BSA) for: "… the accreditation of any proprietary item, being a material, method of construction, design, or component relating to building work&quo...

5. E8 Craig Jones - Event Legacy - EIC - Applicant [pdf, 7 MB]

   ...1. The size of the space is excellent as an event space. At 7000m2 it is a good size to host a Pop-up Globe, and would allow space for ancillary structures and F&B provision. 2. The weight loading of the space as discussed would be ample to permit the safe erection of a Pop-up Globe (Approx 240 tonnes), and there is good access for containers and trucks for set up and supply. 3. The space would allow a capacity of around 1000, at the moment. Pop-up Globe has a capacity for 700-850...

6. [2011] NZEmpC 120 Bourne, Conrad, Turner and NZ Merchant Service Guild Industrial Union of Workers Inc v Real Journeys Ltd [pdf, 305 KB]

   ...rehearing. Where the challenge is non de novo, however, the Court can only be aware of what the Authority decided by considering the determination and any other information about the investigation provided by the parties. As noted earlier, I permitted and encouraged counsel in this case to provide me with additional materials informing the Court of what was before the Authority and decided by it. In dealing with this issue, I have had careful regard to all of those materials....

7. [2023] NZEnvC 007 Ravenswood Developments Limited v Waimakariri Distrrict Council [pdf, 1.1 MB]

   ...before development of the final stage(s) of Lot 203 can occur. 7. Residential Living The Outline Development Plan provides for residential intensification by including the more intensive Residential 6A zone within the Key Activity Centre and by permitting residential activities above ground floor level in the Business 1 zone of the Outline Development Plan. 39. Amend the GIS zoning layer within the operative ‘eplan’ to give effect to the zoning outcomes identified on outline...

8. [2017] NZEnvC 169 Ngai Te Hapu Incorporated v Bay of Plenty Regional Council [pdf, 11 MB]

   ...been shown. THE ASTROLABE COMMUNITY TRUST is hereby granted Ihe following resource consents: a) To abandon the remains of the MV Rena, its equipment and cargo and associated debris on Otaiti, in the Coastal Marine Area, Bay of Plenty; and b) To permit any future discharge of contaminants (including harmful substances) from the MV Rena, its equipment and cargo and associated debris to the Coastal Marine Area, Bay of Plenty, subject to the following conditions: A. Purpose, scope and...

9. Marshall v IDEA Services Ltd (HDC Act) [2020] NZHRRT 9 [pdf, 434 KB]

   ...Code, it may grant 1 or more of the following remedies: (a) a declaration that the action of the defendant is in breach of the Code: (b) an order restraining the defendant from continuing or repeating the breach, or from engaging in, or causing or permitting others to engage in, conduct of the same kind as that constituting the breach, or conduct of any similar kind specified in the order: (c) damages in accordance with section 57: (d) an order that the defendant perform any acts sp...

10. [2013] NZEmpC 179 George v Auckland Council [pdf, 267 KB]

    ...says she did not do) because she could not have justifiably been dismissed for the conduct that formed the basis of the initial allegations made against her. [97] In determining the scope of the employer’s obligations and what is and is not permitted, it is useful to return to first principle. There is no doubt that dishonesty in the context of an employment relationship can give rise to disciplinary action and dismissal. That is because trust and confidence lie at the heart o...