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1. OTAGO REGIONAL COUNCIL v NGA RUNANGA & Ors NOE ENV 20210628 [pdf, 1.5 MB]

   ...ill-suited to the weather conditions, the environmental conditions, and actually our labour requirements, and that was because the irrigator has been severely damaged by a number of times we had very high wind conditions, north-westerly winds blowing through those areas and we had flood conditions at times where the irrigation tracks 10 have been repeatedly damaged due to flooding conditions, and there forced us to have limited use of that irrigator, and it really does need to be si...

2. E74 Dr Malcolm Patterson - EIC - Ngāti Whātua Orākei [pdf, 2 MB]

   ...the land, lost souls with nowhere to attach ourselves.’ Professor Hirini Moko Mead The whenua of Auckland is part of the body of Papatūānuku, the earth mother, the sky above is Ranginui, the sky father – primal parents and human ancestors. Their children, such as Tāne and Tangaroa, are the progenitors of the life found in, on and around the land. Hence all living things are linked by whakapapa. Auckland can also be viewed as part of the great fish...

3. ENV-2016-AKL-000xxx Man O'War Farm Limited v Auckland Council [pdf, 3.3 MB]

   ...Decisions reinstate or include objectives regarding Rural Subdivision that are not the most appropriate way to achieve the purpose of the Act, and in particular will: (a) Prevent opportunities for significant biophysical enhancement achieved through rehabilitation of degraded land. (b) Confine any incentive for revegetation of land through subdivision to areas contiguous with existing mapped Significant Ecological Areas (rather than ecological features that might become signif...

4. IHC New Zealand v Attorney-General (Strike-Out Application) [2020] NZHRRT 47 [pdf, 248 KB]

   ...accessing the curriculum at their local mainstream school by reason of disability...’. The complainants write, 'The complaint is aimed at government policy that impacts negatively on access to education for students with disabilities after parents have exercised or have attempted to exercise the right to enrol their sons or daughters at schools that operate within a mainstream setting. The complaint is concerned with access to education for all disabled students, regardless of type...

5. Kui - Estate of Te Paea Hami Oru [2019] Chief Judge's MB 577 (2019 CJ 577) [pdf, 475 KB]

   ...changes were made: The effect of intention of this order is that the schedule of owners is to be amended to record Hemi Atu Hone Pikari and John Pickery as different persons and Wherere Ti Salle and Minnie Salle as different persons with separate interests. c) Those findings have also been supported by two subsequent applications to the Chief Judge, namely: 1995 Chief Judge’s MB 196-198 (12 July 1995) re Frederick Salle i. Relevant extracts from the evidence given...

6. Hawkes Bay Standards Committee v Heaphy [2014] NZLCDT 61 [pdf, 343 KB]

   ...[2] Mr Porter had been, over that period, building (with others) a successful business of supplying labour for the horticulture and related industries in the North and South Islands of New Zealand. Most of the labourers were migrants and their apparently illegal status and tax status were the underlying reasons for the unexpected and wide ranging search warrants executed on Mr Porter’s premises. [3] Mr Porter had also been increasing his personal asset base, and therefore there w...

7. Transcript of speeches KG Smith [doc, 91 KB]

   ...Australia – means that submissions more closely resemble Tolstoy’s War and Peace in teams of their volume. An Associate Judge – not the one on the Bench – told me late last year that an application for summary judgment usually requires him to wade through no fewer than 500 pages of documents – so good luck! In the end the remedy for this over-the-top approach to litigation has to lie with the Judges. Something really needs to be done if litigation is to remain the primary means of...

8. [2022] NZEmpC 136 The Board of Trustees of Southland Boys High School v Jackson [pdf, 248 KB]

   ...find alternative employment within three months of their dismissal, they were unable to do so. They each gave evidence, which the Authority accepted and which was repeated in the Court, of their struggle to recover from the process they had gone through, the significant impact on their sense of self-worth and confidence, and the shortage of other employment opportunities of a similar nature to the roles they had held prior to their departure from the school. [12] The defendants...

9. [2014] NZEmpC 79 Brook v Macown Gainsford Crozier and Kennedy [pdf, 132 KB]

   ...Inc (NZFATD), also resigned from the Council in July 2011. Matters came to a head between NZDDC and Mr Brook around August 2011 over a disagreement relating to the disbursement of funds. Mr Brook took the step of transferring NZDRA funds to a separate savings account without the knowledge or authorisation of NZDDC. In doing so he paid $19,249 to an account set up under the name “NZDRA Savings Account” (on 19 August 2011) and $4,750 to “RM Brook” (8 September 2011)...

10. [2017] NZEmpC 139 Dean v The Chief Executive of the Ministry for Primary Industries [pdf, 372 KB]

    ...table at cl 1.3 of Appendix 1 is what would have been paid had the day been worked. He said that the starting point was to consider the natural and ordinary meaning of the words used. [33] Counsel submitted that retiring leave is one of five separate types of leave referred to in the Appendix – the other four being parental leave, long service leave, sick leave and resigning leave. [34] Mr Cranney said it was noteworthy that the entitlement was expressed as an entitlement t...