Search Results

1. 2020-04-09-Plan-Changes-1-8-s-32-Evaluation-Report.pdf [pdf, 737 KB]

   ...Change 8 to the Water Plan and Proposed Plan Change 1 to the Waste Plan 9 April 2020 Page 5 April 2020 to 1 April 2026 to provide time for the longer-term planning processes to occur. Council made a final decision on PC6AA on 8 February 2020 and no appeals have yet been received. An additional plan change, Proposed Plan Change 7 (Water Permits) to the Water Plan (PC7) was prepared by ORC to manage applications for replacement water permits and deemed permits until a fit for purpose pl...

2. Regulatory Impact Statement Fee regime for the alcohol licensing system [pdf, 232 KB]

   ...provide a benchmark against which TA-set fees can be compared. This will help meet the objective of recovery of costs that are reasonable and relate only to administering the licensing system. 29. Some fees, such as those for manager’s certificates, appeals to ARLA, and extracts from the register should continue to be set centrally. In the case of ARLA costs, this is because ARLA is a national tribunal funded through central government. For manager’s certificates, a nationally con...

3. [2007] NZEmpC CC 21/07 Gorrie Fuel (SI) Ltd v Gittoes [pdf, 108 KB]

   ...resignation ought to be regarded as a constructive dismissal and that this dismissal was unjustifiable. In deciding whether the circumstances of this case gave rise to constructive dismissal, I am guided by the principles enunciated by the Court of Appeal in Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW [1994] 1 ERNZ 168 where, at page 172, they said: In such a case as this we consider that the first relevant question is whether the...

4. [2012] NZEmpC 179 Drader v Chief Executive of the Ministry of Social Development [pdf, 189 KB]

   ...defendant’s confidential records, obtained an unlisted phone number, went into a private interview room and made a telephone call which the plaintiff conceded, on at least two occasions, amounted to a threat. [77] Ms Turner cited the Court of Appeal’s decision in Chief Executive of the Department of Inland Revenue v Buchanan (No 2), 12 where it was held that a breach by an employee of an employer’s policies and procedures contained in a code of conduct, may justify a dis...

5. [2015] NZEmpC 76 Sealord Group Ltd v Pickering [pdf, 192 KB]

   ...Mr Pickering for the income lost over that three-month (or 13-week) period. [66] Under s 128(3) of the Act the Court also has a discretion to order an employer to pay a greater sum as compensation for lost remuneration but, as the Court of Appeal made clear in Sam's Fukuyama Food Services Limited v Zhang moderation is required in fixing awards for lost remuneration and any such award must have regard to the individual circumstances of the particular case. 4 [67] In Zhang t...

6. Stanley & Anor as trustees of the Lucy Stanley Family Trust v North Shore City Council [2011] NZWHT Auckland 20 [pdf, 194 KB]

   ...likely to incur even if the gym equipment is owned by her company as the company could seek reimbursement from the claimant trust. I therefore allow the removal costs as estimated. Page | 17 General Damages [45] The Court of Appeal in Byron Avenue confirmed that the availability of general damages in leaky building cases was generally in the vicinity of $25,000 for owner-occupiers.1 White J in Coughlan & Ors v Abernathay & Ors confirmed that standard r...

7. LCRO 162/2015 and 66/2016 IA v CMR (31 July 2017) [pdf, 253 KB]

   ...scope of review [90] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:15 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for th...

8. [2018] NZEnvC 085 Glencoe Land (Joint Venture) Limited v Queenstown Lakes District Council [pdf, 6.5 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [20181 NZEnvC 85 of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act GLENCOE LAND (JOINT VENUTRE) LIMITED (ENV-2017 -CHC-000041) Appellant QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Environment Judge J R Jackson (Sitting alone under section 279 RMA) Hearing: On the papers Counsel: J Macdonald for Glencoe Land (Joint Ventu...

9. LCRO 217/2017 PY v SD [pdf, 395 KB]

   ...scope of review [58] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:4 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

10. Rolleston v Moore - Lot 1 Deposited Plan South Auckland 52401 and Ongaonga No 1C No 1 Block (2016) 133 Waikato Maniapoto MB 39 (133 WMN 39) [pdf, 297 KB]

    ...then signed and sealed. The order and the boundary have been accepted for over 70 years. Because the orders affect title the law requires that they be conclusive and not subject to continual variation or adjustment. [54] That decision was not appealed by the respondents. Nevertheless they continued to maintain that the boundary line is in the incorrect place. That belief has influenced the respondents’ conduct both prior to and following the filing of proceedings in this Court....