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  1. NO & NTO v Hakaoro [2013] NZIACDT 38 (24 June 2013) [pdf, 38 KB]

    ...to deal with a series of complaints against a particular practitioner. [9] Mr Sutton adjusted his argument to advance the proposition it was the findings in the particular case that created the appearance of bias. [10] He referred to the Court of Appeals decision in Muir v CIR 18 PRNZ 630, and also made reference to Stuart-Menteath v Registrar of Private Investigators and Security Guards (CIV- 2010-412-000306 5/11/10), and JEC No.2 Ltd v Official Assignee at Hamilton [2013] NZHC 1352....

  2. BORA Employment Relations Amendment Bill [pdf, 279 KB]

    ...days. If the employer withholds consent, the employer must provide the reason for withholding consent. 4. The right to freedom of association is wide, and encompasses the right to form and participate in any kind of organisation. [1] The Court of Appeal has noted that an employer coming between employees and their representatives may impact on the right to freedom of association. [2] 5. The Bill, however, only creates the prospect of short temporal interference with the right of uni...

  3. BORA Land Transport Amendment Bill [pdf, 204 KB]

    ...must consider whether reinstating the applicant's P endorsement would be in the public interest, taking into account factors such as the seriousness of the qualifying offence(s). Those who the Director declines to reinstate have the right of appeal to the High Court. 4. The Ministry of Transport has advised that as of 16 January 2006 there were an estimated 209 P endorsement holders (out of approximately 38,000 nationwide) with convictions for offences specified in section 29A(3)(a)...

  4. Toni Atkinson (filed 8 June 2017) [pdf, 73 KB]

    BEFORE THE ENVIRONMENT COURT CHRISTCHURCH REGISTRY ENV-2016-CHC-47 IN THE MATTER of an Appeal under Section 120 of the Resource Management Act 1991 BETWEEN BLUESKIN ENERGY LIMITED Appellant AND DUNEDIN CITY COUNCIL Respondent BRIEF EVIDENCE OF TONI JUNE ATKINSON 1. My name is Toni June Atkinson and I appear before the Court as an Interested Party under Section 274 of the Resource Management Act 1991. 2. I have a PhD in Bi...

  5. Brown v Brown - Motatau 1B2D2 (2005) 103 Whangārei MB 161 (103 WH 161) [pdf, 621 KB]

    ...must act by majority and in this case the majority of trustees clearly want Mr Tutaki Brown to vacate the block and this is simply because they wish to comply with the reason the reservation was set up which was to develop a macae. [16] In re an appeal by Dan Nevi lle Joe and Tataraakina C Trust, the Appellate Court stated : "It is not for this or any other Court to interfere with the careful exercise of trustee's powers unless it can be conclusively demonstrated with evi...

  6. Paki - Hokio A and Part Hokio A (2005) 148 Aotea MB 204 (148 AOT 204) [pdf, 129 KB]

    ...Maori land. It was also submitted that neither the Trust nor the trustees are eligible for grants of assistance for the pursuit of the application under the Legal Services Act 2000. That position is of course entirely consistent with the Court of Appeal decision Edwards v Legal Services Agency [2003] 1 NZLR 145. Discussion As noted in my decision concerning Pukerua Oruawhata Trust, in re Mifchell (2004) 282 Rotorua MB 180, the principal authority on assistance from the Special Aid Fund...

  7. [2019] NZEnvC 025 The Wolds Station Limited v Mackenzie District Council [pdf, 970 KB]

    BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA Before: Hearing: IN THE MATTER AND BETWEEN AND Decision No. [20191 NZEnvC 25 of the Resource Management Act 1991 of appeals under clause 14(1) of the First Schedule to the Act THE WOLDS STATION LIMITED (ENV-2009-CHC-187) ... (continued on the last page) Appellants MACKENZIE DISTRICT COUNCIL Respondent Environment Judge J R Jackson In Chambers at Christchurch Date of Decision : 15 February 2019...

  8. Te Kawerau Iwi Tribal Authority Incorporated [pdf, 716 KB]

    ...Court AUCKLAND 1. TE KAWERAU IWI TRIBAL AUTHORITY INCORPORATED (TE KAWERAU) gives notice under section 274 of the RMA that it wishes to be a party to these proceedings: • Panuku Development Ltd v Auckland Council (ENV-2018-AKL-000078) (the Appeal). 2. The proceedings are for direct referral to the Environment Court of an application under s87G RMA for resource consents for construction, occupation, use and maintenance of permanent and temporary infrastructure and undertakin...

  9. 2021-04-11 - Evidence Summary - Claire Perkins - 12 April 2021 [pdf, 75 KB]

    ...ecology of the subject waterbodies and indicating that they will be recommending residual and/or minimum flows. This clearly indicates why the PC7 controlled activity pathway needs to be procedural only in order to achieve a simple, low-cost and appealing pathway. 8. PC7 also undermines the collective and collaborative approach undertaken by many catchment groups and water users across Otago that have been progressing the development of, as far as possible, NPSFM compliant river...

  10. 2021-02-25 FFNZ - MOC - PC 1 & 8 - mediation & expert conferencing [pdf, 225 KB]

    ...and less 3 costly avenue for parties to discuss and resolve concerns, outside of the formal court context. 9. We note that in the Otago region, there is a proud history of submitters resolving significant proportions of Environment Court appeal points through mediation processes. 10. It is our position that mediation would also be an opportunity to identify which additional technical matters could benefit from expert conferencing. It may be that matters are narrowed,...