Search Results

1. ENV-2016-AKL-000207 Mason v Auckland Council [pdf, 4.8 MB]

   ...ENVIRONMENT COURT AT AUCKLAND IN THE MATTER AND IN THE MATTER AND IN THE MATTER BETWEEN AND ENV-2016-AKL- of the Local Government (Auckland Transitional Provisions) Act 2010 (LGATPA) and the Resource Management Act 1991 (RMA) of an appeal under section 156( 1) of the LGATPA against a decision of the Auckland Council rejecting a recommendation of the Auckland Unitary Plan Independent Hearings Panel (Hearings Panel) on the proposed Auckland Unitary Plan (Proposed Pla...

2. [2013] NZEmpC 42 New Zealand Merchant Service Guild IUOW Inc v Holcim (NZ) Ltd [pdf, 126 KB]

   ...was no evidence or submissions presented in relation to that provision. The authorities [15] Both parties accepted that the leading authority in any consideration of the requirements of an alternative holiday is the decision of the Court of Appeal in New Zealand Fire Service Commission v New Zealand Professional Firefighters Union. 3 In brief, that case related to the collective employment agreement for firefighters. The issue was whether the agreement had provided for alterna...

3. [2015] NZEmpC 130 Scarborough v Micron Security Products Ltd [pdf, 166 KB]

   ...a judgment was issued on 30 March 2015 by Judge Inglis. 2 Ms Scarborough was unsuccessful in her challenge; and in a further judgment dated 3 July 2015 Judge Inglis made orders for costs against her. 3 To date she has not sought leave to appeal either judgment. 1 Scarborough v Micron Security Products Ltd [2014] NZERA Auckland 231. 2 Scarborough v Micron Security Products Ltd [2015] NZEmpC 39. 3 Scarborough v Micron Sec...

4. Buchanan v Guardian Trustees Kareponia All Saints Anglican Church Trust - Kareponia 1A5D1 (2017) 149 Taitokerau MB 252 (149 TTK 252) [pdf, 210 KB]

   ...its consent in such manner as the Registrar requires, and the Registrar is satisfied that registration of the board by that name will not be contrary to the public interest. [41] Section 17 of the Charitable Trusts Act 1957 states: 17 Right to appeal to court (1) Any person dissatisfied with any decision of the Registrar that trustees are not to be registered under this Act, or that a society is not to be so registered, or that a name or change in the name of any board is not to b...

5. Herewini - Te Tii Mangonui A3 [2020] Maori Appellate Court MB 54 (2020 APPEAL 54) [pdf, 238 KB]

   2020 Māori Appellate Court MB 54 I TE KOOTI PĪRA MĀORI O AOTEAROA I TE ROHE O TE TAITOKERAU In the Māori Appellate Court of New Zealand Taitokerau District A20190007602 APPEAL 2019/12 WĀHANGA Under Section 58 of Te Ture Whenua Māori Act 1993 MŌ TE TAKE In the matter of Te Tii Mangonui A3 and a judgment made at 192 Taitokerau MB 170 HOROMONA AND EREHI HEREWINI on behalf of the RAPINE AND RANGIMARIE HEREWINI WHĀNAU TRU...

6. Faulkner v Hoete - Motiti North C No 1 (2018) 173 Waikato Maniapoto MB 2 (173 WMN 2) [pdf, 323 KB]

   ...[5] In a decision dated 14 March 2017, I granted the permanent injunction requiring the applicant to move her dwelling and restore the airstrip to its original condition.3 Ms Faulkner then applied for a stay of the injunction order and filed an appeal with the Māori Appellate Court.4 I granted the stay, pending further order by this or the Māori Appellate Court.5 [6] The appeal was heard on 8 August 2017. In their decision dated 31 January 2018, the Māori Appellate Court dismis...

7. [2021] NZACC 112 – Grey v ACC (26 July 2021) [pdf, 238 KB]

   . IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA NZACC 112 ACR 135/20 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN CHRISTOPHER GREY Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 16 July 2021 Held at: Auckland/Tamaki Makaurau Appearances: Appellant in person F Becroft for the respondent Judgment: 26 July 2021 ____...

8. Dick - Wairau Block XII Section 7B2 and others (2021) 72 Te Waipounamu MB 147 (72 TWP 147) [pdf, 323 KB]

   ...of the PCA definition, a person is required to have a blood connection with a tupuna who has been a previous owner. If there is no blood connection, then the whakapapa breaks down and the link is broken.4 [26] In Kameta v Nicholas, the Court of Appeal endorsed the approach of the Māori Appellate Court in finding that a blood relationship is established if parties can connect through whakapapa, even if it is distant. The Court of Appeal, summarising the Māori Appellate Court’s ap...

9. [2022] NZACC 42 - Kidd v ACC (17 March 2022) [pdf, 293 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2022] NZACC 42 ACR 52/21 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN WAYNE KIDD Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 2 March 2022 Heard at: Auckland/Tamaki Makaurau via virtual meeting room Appearances: Mr B Hinchcliff for the appellant Mr L Hawe...

10. Southland Standards Committee v P [2022] NZLCDT 12 (28 April 2022) [pdf, 215 KB]

    ...substratum for the charges of misconduct has evaporated. [12] There is no jurisdictional impediment to the Standards Committee referring charges of that type to the Tribunal. The absence of any threshold for reference was confirmed by the Court of Appeal in Orlov v New Zealand Law Society.7 On the face of it, breach of rules of the type accepted by P constitutes unsatisfactory conduct: see 6 Hall v Wellington Standards Committee (No. 2) [2013] NZAR 743 (HC at [22]. 7 Orlov v...