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1. [2021] NZEnvC 131 Wilson v Waikato Regional Council [pdf, 1.4 MB]

   ...‘visual amenity’ to ‘amenity values’ ................................................................. 100 Findings on the evidence .............................................................................................................. 101 Conclusion ............................................................................................................................................ 107 Marine mammals and habitats..........................................................

2. [2019] NZEnvC 044 Director-General of Conservation v Thames-Coromandel District Council [pdf, 3.3 MB]

   ...Thames-Coromandel District Plan AppeaJs Version July 2016 ccess Lot means a lot which provides legal access or part of the legal access to one or more lots, and which is held in the same ownership or by enancy-in-common in the same ownership as the 101(5) to which it provides legal access. ccess Way has the same meaning as in f!l.ec.tlon 31 S of 1h4!! local GoV@fnmentAct 1974. ''Access way means any passage way, laid oul or constructed by the authority of the council or the Min...

3. Gardiner v Gorringe (2011) 25 Waikato Maniapoto MB 83 (25 WMN 83) [pdf, 293 KB]

   ...scientific research now available as to the potential impact on soil structure was 11 7 Waikato Maniapoto MB 60-61, 193, 198, 233 (7 WMN 60-61, 193, 198 and 233). 25 Waikato Maniapoto 101 not generally available to maize contractors until the 1990s. It is also important to note that he has no knowledge of the particular practices adopted by the defendants during the time they were in possession of the land. [80] The...

4. Due North Trust v Gardner [2011] NZWHT Auckland 64 [pdf, 262 KB]

   ...received it. 6 Stephen Todd (ed) The Law of Torts in New Zealand 5 th ed, Brookers, Wellington, 2009 at [21.2.02]; Hartley v Balemi HC Auckland CIV 2006-404-002589, 29 March 2007 at [101]. 7 Byron Avenue 2010 NZCA65 at [79]. 8 Findlay v Auckland City Council HC Auckland CIV 2009-404-6497, 16 September 2010, at [59]-[64]. Page | 20 Contents of the report [70] The Mitchell report is five pages long. It makes...

5. Body Corporate 85978 and Unit Owners of St Pauls Apartments v Wellington City Council & Ors [2013] NZWHT Auckland 9 [pdf, 228 KB]

   Page | 1 IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2012-100-000008 [2013] NZWHT AUCKLAND 9 BETWEEN BODY CORPORATE 85978 and the UNIT OWNERS OF ST PAULS APARTMENTS Claimants AND WELLINGTON CITY COUNCIL First Respondent AND ULTRA GLASS COMPANY LIMITED (Removed) Second Respondent AND CALDER STEWART INDUSTRIES LIMITED (Removed) Third Respondent AND BURNSFIELD ENGINEERING LIMITED (Removed) Fourth Respondent AND NEWCREST HOLDINGS LIMITED Fifth

6. Gill v ACC [2015] NZACA 4 [pdf, 104 KB]

   ...hearing. After the hearing, counsel for Lisa provided a further document and counsel for the Corporation an additional memorandum (18 March 2015). THE LAW [69] An appeal lies to the Authority against certain decisions of a review officer (sections 101, 107 of the 1982 Act). Such an appeal lies in this case. An appeal is by way of a rehearing (section 109(1)). The Authority can confirm, modify or reverse a decision, or refer the matter back to the Corporation (section 109(7) &...

7. Algie & Ors v ACC [2013] NZACA 1 [pdf, 118 KB]

   ...made the review decision and confirmed its original decisions as correct in law and the costs awarded by Mr Greene, and gave the appellants the right of appeal to the Authority as required in s 102(12). The notice of appeal [19] Pursuant to s 101(12), the appeal is brought against the Corporation’s review decision letter of 12 July 2010, on the general ground that it is contrary to the law in that the appellants are entitled to backdated compensation for attendant care under the...

8. LCRO 121/2017 PT v BD (25 July 2018) [pdf, 266 KB]

   ...client “reasonable notice to enable [that] client to make alternative arrangements for representation”. [100] As well, once a retainer is terminated a lawyer must provide “reasonable assistance to [their] client to find another lawyer”. [101] In Ethics, Professional Responsibility and the Lawyer, the learned authors say:16 When the lawyer has a discretion to terminate the retainer, he or she must take into account the prejudice that will flow from the termination. Indeed,...

9. [2019] NZEmpC 98 Noble v Ballooning Canterbury.com Ltd [pdf, 565 KB]

   ...compliance with the requirements of Part 115, and any other applicable CAA Rule. [100] Under r 115.51, such an operator must employ, contract or otherwise engage sufficient personnel to perform the operations listed in the applicant’s exposition. [101] A set of manuals was developed for BCL so as to meet these requirements. Extracts from BCL’s Exposition Overview Manual, its Management Manual and its Operation Manual were before the Court. The Overview Manual contains the...

10. [2022] NZEnvC 199 Kristin School Charitable Trust [pdf, 11 MB]

    ...objectives and policies have been resolved. 99 Ms Bedggood's supplementary statement of evidence confirms this. 94 PlanningJWS, 25 February 2022 at 10. 95 Kristin submissions dated 27 June 2022 at [63] . Bedggood evidence dated 17 February 2022 at [101] -[102]. 96 PlanningJWS, 25 Februa1y 2022 at 10. 97 PlanningJWS, 25 February 2022 at 11. 98 Kristin submissions dated 27 June 2022 at [64]. 99 Council submissions dated 5 July 2022 at [27]. 25 [81] Ms Bedggood considers that...