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  1. COES - EiC - J R Sullivan (5 Feb 2021) [pdf, 2.4 MB]

    1 In the Environment Court of New Zealand Christchurch Registry I Te Koti Taiao o Aotearoa Ōtautahi Rohe ENV-2020-CHC-127 Under the Resource Management Act 1991 (RMA) In the matter of of the Water Permits Plan Change - Plan Change 7, being part of a proposal of national significance directed by the Minister for the Environment to be referred to the Environment Court under section 142(2)(b...

  2. Smith v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 123 [pdf, 226 KB]

    ...construed or interpreted and applied to the facts is a question of law … . [25] Even if the qualifying criteria are made out, the Court has an extensive discretion in the grant or refusal of leave so as to ensure proper use of scarce judicial resources. Leave is not to be granted as a matter of course. One factor in the grant of leave is the wider importance of any contended point of law … . The Court’s judgment of 24 March 2023 [12] Judge McGuire noted that the process un...

  3. [2009] NZEmpC AC 26/09 Merchant v CE of the Department of Corrections [pdf, 35 KB]

    ...choice and it is appropriate that a successful party be recompensed for the reasonable cost of such representation. Equally, it is open to a party to engage more experienced or skilful counsel than the case might warrant or to devote additional resources to the matter over and above that reasonably required. Where a party chooses to do that, however, it cannot expect to recover from an unsuccessful opponent the additional cost incurred. Having heard this case and thereby having a...

  4. Memorandum of Counsel for Wellington International Airport Limited (dated 07 May 2018) [pdf, 825 KB]

    Before the Environment Court at Wellington In the Malter of Acd In Ihe Ma.Her or "edlOn 87G of th" R"SOL~rGe ManagementAct 1991 the dire~t referral of the Application for resource consents associated with an extension to the runway by Wellington International Airport Limited Memorandum of Counsel for Wellington International Airport Limited I.ane N~"ve PO Box25626 W8:llngton 6H6 %1;0It0r IIM'ng. Am~"!1~ Umvor em";': "m,,",k...

  5. Tau - Kaiapoi Section 149B (2020) 62 Te Waipounamu MB 169 (62 TWP 169) [pdf, 264 KB]

    ...(LURP) to make changes to its District Plan to recognise the relationship of Ngāi Tuāhuriri with the Reserve. Action 20 of the LURP declares: 4.3.1. Policy 2.1.3.4 “Recognise the relationship of Ngāi Tuāhuriri with the land and associated resources in Māori Reserve 873 so as to enable the land to be used as intended by Kemps Deed of 1848 and the Crown Grants Act (No.2) of 1882, for places of residence and living activities for the original grantees and their descendants.”...

  6. [2015] NZSSAA 103 (22 December 2015) [pdf, 53 KB]

    ...the contingencies provided for in the programmes for income support in overseas countries, rather than the precise terms on which a benefit or pension is paid. [23] The Authority has previously noted, based on information obtained from the Human Resources Development Canada website, that Canada’s retirement income system has three pillars or levels: (i) The first level is the Old Age Security pension (OAS). OAS provides a modest monthly pension for all persons attaining the age of 6...

  7. D-G Conservation - Supplementary - M J Brass - Planning (18 March 2021) [pdf, 152 KB]

    BEFORE THE ENVIRONMENT COURT I MUA I TE KŌTI TAIAO O AOTEAROA AT CHRISTCHURCH ENV-2021-CHC-127 ŌTAUTAHI ROHE IN THE MATTER of the Resource Management Act 1991 of a direct referral of proposed Plan Change 7 to the Regional Plan: Water for Otago under s142 2 (b) of the Act by the Minister for the Environment. AND Otago Regional Council Respondent Supplementary evidence of Murray John Brass on behalf of the Director-General of Conservation /...

  8. [2019] NZEnvC169 Kapiti Coast District Council [pdf, 3.3 MB]

    BEFORE THE ENVIRONMENT COURT MUA I TE KOOTI TAIAO O AOTEAROA IN THE MATTER AND BETWEEN Decision No. [2019] NZEnvC 16 C\. of the Resource Management Act 1991 of an application under section 86D of the Act KAPITI COAST DISTRICT COUNCIL (ENV-2019-WLG-000104) Applicant Court: Hearing: Environment Judge B P Dwyer sitting alone under s 279 In Chambers at Wellington Date of Decision: ~b October 2019 Date of Issue: lf> October 2019 DECISION OF THE ENVIRONMENT COURT...

  9. Porirua ki Manawatu panui February 2017 [pdf, 1.1 MB]

    ...Generic District-wide (CFRT) See #6.2.59 Inland waterways cultural perspectives (Huhana Smith et al) Jan 2017 Local government issues (Suzanne Woodley) Apr 2017 Block research narratives (Walghan Partners) Apr 2017 Environmental and natural resources issues (Vaughan Wood et al) May 2017 Public works issues (Heather Bassett et al) June 2017 Inland waterways historical report (Huhana Smith et al) May 2017 Te Ātiawa/Ngāti Awa (WT) Historical issues: Land and political engagement...

  10. [2007] NZEmpC WC 14A/07 CE of the Department of Corrections v Tawhiwhirangi [pdf, 170 KB]

    ...law I accept Miss Buckett’s submission that, in assessing generally whether the actions of an employer were fair and reasonable, relevant factors are the size of the workplace and the number of employees employed, the nature and quality of the resources available to the employer including access to specialist human resources advice, and any other statutory or public interest obligations on the employer. [12] In this case the following specific factors are relevant to the assessm...