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1. [2021] NZEmpC 82 Barry v C I Builders Ltd [pdf, 279 KB]

   ...missed out on one opportunity. While Mr Barry was plainly in a less vulnerable position than many other workers, the reality is that he simply accepted what he was offered. That is not uncommon, for obvious reasons. [22] Ultimately s 6 is a protective provision, enabling the Court to reach its own view on whether an employment relationship exists. I do not think that it is useful to 13 Uber BV v Aslam [2021] UKSC 5 at [76] (emphasis added). While the different legislative...

2. [2021] NZEnvC 146 Ngati Paoa Trust Board v Kennedy Point Boatharbour [pdf, 437 KB]

   ...Hearing: On the papers. (Last case management event 21 September 2021). Appearances: J Gardner-Hopkins for Applicant V Morrison-Shaw and L Ford for Respondent M Allan and R Smith for Auckland Council under s 274 P Anderson for Royal Forest & Bird Protection Society Inc. under s 274 Date of Decision: 23 September 2021 Date of Issue: 23 September 2021 ____________________________________________________________________________________________ DECISION OF THE ENVIRONMENT COURT O...

3. [2022] NZEnvC 177 Waka Kotahi NZ Transport Agency v Auckland Council [pdf, 420 KB]

   ...activities sensitive to noise in the part of PC51 land zoned Town Centre or non-residential activities sensitive to noise within parts of PC51 zoned as THAB. [42] The amendments to Policy 8 therefore better implement the Objective by adequately protecting all activities sensitive to noise within proximity to SH22. Amended rules [43] The Appeal does not seek any change to the activity status of Precinct Rule (A11). Any activity that does not comply with standard IX.6.5, IX.6.6 and I...

4. Anti-corruption guide for NZ businesses [pdf, 223 KB]

   ...operations and limited resources. Anti-corruption compliance is equally important and beneficial for these types of businesses, and need not be cumbersome and expensive. Combating bribery and corruption should be a priority for any organisation that cares about its future. While no compliance programme can completely remove the risk of corruption, following the principles set out in this guide will go a long way to helping your business implement effective and proportionate procedures...

5. Fish & Game - EiC - M J Trotter - Ecological Flow (5 Feb 2021) [pdf, 397 KB]

   ...adverse impact of flow reduction on aquatic habitat. Dr Hayes discusses this concept in more detail. 21 Richter BD, Davis MM, Apse C, Konrad C 2012. A presumptive standard for environmental flow protection. River Research and Applications 28: 1312-1321. 2101895 | 5755417v1 page 10 Some examples of Otago Rivers that have had reductions in abstraction levels 47 The Kye Burn in Central Otago has historically experienced very h...

6. Proactive release - Electoral Amendment Bill No2 [pdf, 1.9 MB]

   ...volunteer their labour free of charge. This is a pragmatic approach as such a ban would be impracticable to enforce. Most volunteers will be people living in New Zealand, so will not fall within the definition of overseas persons anyway. Donations protected from disclosure 25. For the avoidance of doubt, the ban will also make it clear that overseas persons cannot use the rules for donations protected from disclosure. These rules allow for the making of donations directly to the Electoral Co...

7. 2020-02-19 Richard Allibone Reply [pdf, 214 KB]

   ...in the Manuherekia where the same combination of trout, Central Otago roundheads and drying reaches occur. Therefore, while PC7 will not establish residual flow and remove drying reaches, these drying reaches are often important features that protect galaxiid populations. 4 13 With regard to Dr Dunn’s concerns regarding hydrological alteration there is a second alteration I would consider has a serious impact on non-migratory galaxiids and that is the creation of dams. D...

8. M v Accident Compensation Corporation (Treatment Injury) [2024] NZACC 88 [pdf, 366 KB]

   ...and rehabilitation for the torture he had endured, in violation of his rights under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment [34] The Royal Commission of Inquiry into Historical Abuse in State Care and In the Care of Faith Based Institutions (the Royal Commission) commenced in 2018. This included hearings in relation to Lake Alice and many survivors including M, gave accounts of their experiences. The Royal Commission published a...

9. 04.-Evidence-of-Ms-Siobhan-Karaitiana-Muaupoko-Tribal-Authority.PDF [PDF, 656 KB]

   ...of Taitoko/Levin, which avoids a cutting into the Horowhenua gravels (these are headwaters of Punahau / Lake Horowhenua) and avoids impacts on significant mountain peaks.6 15. The impacts on the Waikawa, Koputaroa and Ohau Awa systems will be carefully managed through the material supply strategy, which eliminated sites that would be culturally inappropriate for this purpose and was developed on the basis of certain principles (including rangatiratanga and partnership, protection...

10. [2022] NZIACDT 7 - TA v Tian (27 April 2022) [pdf, 211 KB]

    ...was done without the complainant’s authority. A letter to the visa officer on 13 December 2016 purportedly from the complainant was provided in support and gave some information about where his funds came from. The letter apologised for his carelessness and not paying attention to the visa process. The request was declined on 13 January 2017. The complainant was not informed of the outcome. [9] Another request (application 4) under s 61 for a temporary student visa was lodged...