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1. [2021] NZACC 14 - Folland v ACC (12 January 2021) [pdf, 241 KB]

   ...software packages to be considered suitable for the jobs recommended. As stated in my rationale for nominating this job for Mr Folland he has a Level 3 Certificate in Computer Servicing and he has completed training in Computer Hardware (IT21101). He has also completed training in Web Design, Graphics, Word and Excel. He has partially completed a Bachelor of Information Technology. Arguing that using everyday software applications is beyond the grasp of a pers...

2. [2022] NZEmpC 48 E Tu Inc v Mount Cook Airline Ltd [pdf, 314 KB]

   ...The difficulty with Mount Cook’s approach is that in Idea Services the Court of Appeal held that the expression “rate of pay” meant an amount payable for a unit of time. The units of time are those in the order: an hour, day, or week. [101] The language in cl 4 of the order is clear and does not suggest that what is payable can be a part or portion of those units of time. Such an outcome would dilute or undermine the effect of a minimum wage. The clause begins by saying t...

3. Three strikes offences June 2022 [xlsx, 114 KB]

   ...Auckland Manukau 120 127 99 191 198 199 193 129 161 109 South Auckland Papakura 7 10 10 7 12 11 4 2 2 1 South Auckland Pukekohe 6 6 8 1 7 4 1 3 2 1 South Auckland Justice service area total 133 143 117 199 217 214 198 134 165 111 Waikato Hamilton 160 121 131 128 154 185 122 116 101 95 Waikato Huntly 0 3 0 4 4 3 4 1 3 1 Waikato Morrinsville 3 1 1 1 1 2 6 3 3 1 Waikato Te Awamutu 0 2 2 2 3 2 0 0 1 1 Waikato Te Kūiti 0 0 1 1 1 0 0 0 0 0 Waikato Thames 0 0 1 1 1 0 2 3 4 1 Waikato Justice...

4. [2023] NZEnvC 021 Regina Properties Ltd v New Plymouth District Council [pdf, 611 KB]

   ...catpark and has views fivm both its tJvo levels. This includes from first floor bed,voms, stairwell, and second floor 1vi11dow and deck. TVhile there is a view across the suf?ject site cmpark to the J//est, the primm_y viSHal amenity is from vieJ//s 1101theast mross the "Richmond Estate carpark and thought to the ocean bryond. The pmposal will not effect the p,imary vie1vs experienced l!J this submitter. Having said that, the proposal is located very dose to this submitter and wi...

5. [2023] NZREADT 2 - Wilson and Wilson v Registrar of the REAA (26 January 2023) [pdf, 222 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2023] NZREADT 2 Reference No: READT 016/2022 IN THE MATTER OF An application for review under s 112 of the Real Estate Agents Act 2008 BETWEEN GINA WILSON and CRAIG WILSON Applicants AND THE REGISTRAR OF THE REAL ESTATE AGENTS AUTHORITY Respondent Hearing on the papers Tribunal: D J Plunkett (Chair) G J Denley (Member) P N O’Connor (Member) Representation: The app

6. [2023] NZEnvC 180 Drinnan v Selwyn District Council [pdf, 312 KB]

   ...Expected to be Realised (‘RER’) capacities.25 We understand that the terms “feasible” used by Mr Yeoman and RER used by Ms Hampson can and have been used interchangeably.26 [40] Ms Hampson’s forecasts were: 24 Yeoman transcript at 101,102. In the NPS-UD definitions, feasible means for the short and medium term, commercially viable to a developer based on the current relationship between costs and revenues. 25 Hampson, rebuttal evidence Table 1 at [64]. 26 Hampson, re...

7. 03.-Evidence-of-Mr-Dean-Wilson-Muaupoko-Tribal-Authority.PDF [PDF, 402 KB]

   ...his son from this point. This lament was composed with references to landmarks for Muaūpoko. It was a mahinga kai area for birding and berries. It also provided a safe refuge point from raiding taua. Page 22 Waitawa Pā and Roto 101. This lake near Pukehou had an Island Pā. The Lake and Pā were used by Muaūpoko for generations. The community here was also connected to the coastal communities 102. Our ancestors Rangihouhia, Kaewa, Rangihikaka and Puhi whakapapa...

8. [2023] NZEnvC 116 Norrish v Dunedin City Council [pdf, 12 MB]

   ...cover is, nor are there any data on fauna species and numbers, and how these might be visibly apparent when viewed from SH1 which is nearly 1 kilometre away. Thus, it is not possible to assess how significant these transient attributes might be. [101] The evidence referred to other transient features such as snow cover and low clouds which are said to have an association with the hillslopes surrounding 51 NOE p 25. 52 McKinlay Statement of further evidence, at [16]. 24 the peak...

9. Robinson - Te Tii A Waitangi Marae (2023) 261 Taitokerau MB 220 (261 TTK 220) [pdf, 367 KB]

   ...is to be exercised sparingly and only in clear cases. The jurisdiction is not excluded by the need to decide questions of law, even those that require extensive argument. Particular care is required where the law is confused or developing.28 [101] In this case, the issue is not whether Ms Taurua’s application discloses a reasonably arguable cause of action. Rather, the question is whether the application is frivolous, vexatious or an abuse of process. In Commissioner of Inland...

10. [2024] NZEnvC 090 Bowkett v Whangarei District Council [pdf, 2.3 MB]

    ...it is clear that without it the works would be unable to be performed legally. Moreover, 20 this Court would normally require evidence that the applicant had permission of the landowner before it could do the works on another property. [101] In the exercise of our discretion we have concluded that it is not appropriate that we should delay or stay the enforcement order to allow Mr Bowkett to undertake the consent process. There is nothing to prevent that consent process taki...