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1. [2009] NZEmpC AC 49/09 Norske Skog Tasman Ltd v Manufacturing and Construction Workers Union & Anor [pdf, 135 KB]

   ...(vi)). On the other, it is also to ensure that the role of the Authority and the Court, in resolving employment relationship problems, is to determine the rights and obligations of the parties rather than to fix terms and conditions of employment (s 101(d)). Further, it is to recognise that if problems in employment relationships are to be resolved promptly, expert problem-solving support, information and assistance need to be available at short notice to the parties to those relationship...

2. Far North District Council v Maihi - Okahu 3B2B2 (2014) 91 Taitokerau MB 284 (91 TTK 284) [pdf, 1.5 MB]

   91 Taitokerau MB 284 IN THE MĀORI LAND COURT OF NEW ZEALAND TAITOKERAU DISTRICT A20120014247 UNDER Section 183, Te Ture Whenua Māori Act 1993 IN THE MATTER OF Okahu 3B2B2 Block BETWEEN FAR NORTH DISTRICT COUNCIL Applicant A20140010697 UNDER Section 215, Te Ture Whenua Māori Act 1993 IN THE MATTER OF Okahu 1, 3B2B2A, 3B2B2C, 3B2B2D, 4A, 4B, 4D, 4C1, 4C2, 3A and 3B2A Blocks BETWEEN TE URI REIHANA-NGATOTE and DES

3. Director of Human Rights Proceedings v Schubach [2015] NZHRRT 4 [pdf, 152 KB]

   ...disputes which may arise from the retainers concluded by us on the 6th day of April 2009 and thereafter shall be Cologne (Germany). Therefore we hereby agree upon the exclusive jurisdiction of the Regional Court of Cologne Address: Luxemburger Str. 101, 50939 Köln, Germany, as the court of first instance. Dated at Christchurch this 8th day of November 2010 ..................................... ....................................... Client (Mr Schubach – Advoca...

4. Nicholls v Nicholls - WT Nicholls Trust [2013] Māori Appellate Court MB 598 (2013 APPEAL 598) [pdf, 233 KB]

   ...Decision.............................................................[77] Natural Justice and Substantive Orders........................................................... [85] The Predetermination and Bias Issue.............................................................[101] The Law on Bias............................................................................................. [106] Discussion and Reasons..............................................................................

5. Holland & Ors as Trustees of the Harbourview Trust v Auckland City Council [pdf, 258 KB]

   ...NEGLIGENCE? ............................................................................................. 87 IS MR PAINTON RESPONSIBLE FOR THE DEFECTS AND CONSEQUENTIAL DAMAGE? .................................................................... 101 WHAT CONTRIBUTION SHOULD EACH OF THE LIABLE PARTIES PAY? ..................................................................................................................... 115 CONCLUSION AND ORDERS ........................................

6. INZ (Calder) v Shearer [2019] NZIACDT 41 (19 June 2019) [pdf, 286 KB]

   ...using a third party to discharge her personal obligations. 14 Section 50. 15 Section 51(1). 16 Section 53(1). 17 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [101]–[102] & [112]. 17 [85] It is not accepted that signing 20 applications in blank amounts to dishonest or misleading conduct. Ms Shearer’s conduct demonstrates a lack of professionalism in managing the process, by delegating...

7. [2020] NZEnvC 180 The Trustees of the Motiti Rohe Moana Trust v Bay of Plenty Regional Council.pdf [pdf, 541 KB]

   ...the black Jetter requirements of cl 8D of Schedule 1. 32 33 34 Berryman v Waitakere City Council, fn 2. Royal Forest and Bird Protection Society of New Zealand Inc v New Plymouth District Council [2015] NZEnvC 219; (2015) 19 ELRNZ 122 at [101] and [105]. Ibid. at [114]. 22 [71] If a plan were overdue for review in terms of s 79, then that could be the basis for seeking a declaration under several of the limbs of s 310. Given the range of outcomes that could flow from the...

8. [2020] NZIACDT 34 ZT v Li (20 July 2020) [pdf, 340 KB]

   ...standard of proof, the balance of probabilities, that is applicable in professional disciplinary proceedings. However, the quality of the evidence required to meet that standard may differ in cogency, depending on the gravity of the charges.10 [101] The Tribunal has received from the Registrar the statement of complaint (11 October 2018) and paginated supporting documents. [102] No statement of reply was filed by the complainant. [103] Ms Lee, on behalf of Ms Li, has produced a sta...

9. [2022] NZEnvC 160 Tararua District Council v Manawatu-Wanganui Regional Council [pdf, 1007 KB]

   IN THE ENVIRONMENT COURT AT WELLINGTON I TE KOTI TAIAO O AOTEAROA KI TE WHANGANUI-A-TARA Court: Hearing: Appearances: IN THE IVIA TIER Decision No. [2022] NZEnvC 160 of appeals under s 120 of the Resource Management Act 1991 BETWEEN TAR.ARDA DISTRICT COUNCIL (ENV-2021-WLG-000031) ]BENT AND AND (ENV-2021-WLG-000030) Appellants MANAWATU-WANGANUI REGIONAL COUNCIL Respondent TAR.ARDA DISTRICT COUNCIL Applicant Environment Judge BP Dwyer Environment Commiss

10. 22.-Evidence-of-Mr-Andrew-Curtis-Air-Quality.PDF [PDF, 1.6 MB]

    ...activities. I have set out in paragraph 39 above a process to appropriately identify, mitigate and monitor (if access is allowed) potential adverse dust effects on high-risk properties within 50m of specified construction works and activities. 101. If issues arise in the interim the complaints procedure in the CAQMP and Condition RCM2 applies. 102. I consider that these measures address the concerns raised by Mr Stacey in paragraphs 61 and 62 of his report. 103. In paragraph...