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1. Phillips v King - Phillips Whanau Trust (2020) 418 Aotea MB 249 (418 AOT 249) [pdf, 260 KB]

   ...homestead and the land and approached Lorraine and Matiu King directly. They say this is bullying behaviour. (e) The applicant and his supporters have not tried to meet with Henare King, as the chairperson of the Trust. (f) They wish to protect the interests of Faith, who spent her life caring for the tupuna and his wife. They say the Trust was established for this very reason, to keep the whānau together. [23] Henare, Lorraine and Matiu King wish the Trust to remain in pla...

2. Auckland Standards Committee 1 v Ms A [2022] NZLCDT 51 (22 December 2022) [pdf, 255 KB]

   ...prohibited materials, we do not find her exam answers to be so similar to the workbook, that we can safely find she obtained direct assistance from them. In this respect, we think 5 Law Society Inspector Mr Strang, in other respects a careful and conscientious witness, later drew an adverse conclusion without sufficient reflection or comparison. Scrutiny of the material available to us in the hearing fails to satisfy us to a point we can positively find that Ms A cheated....

3. 2022-04-01 ORC - Closing Submissions [pdf, 230 KB]

   ...create duplication for persons seeking resource consents under the combined land use and discharge rule from ORC where a QLDC earthworks land use consent is already held. The key concerns appear to relate to process and costs. 9 However, on a careful analysis it is clear that the extent of any “duplication” is small and largely unavoidable given the differing functions of regional councils and territorial authorities. In particular: 3 (a) Ms Hunter, in response to qu...

4. Pio v Accident Compensation Corporation (Leave to appeal to the High Court) [2024] NZACC 010 [pdf, 240 KB]

   ...discretion. He was taking Voltaren and this did improve his symptoms and by stopping work his symptoms do improve. [13] On 20 November 2015, Mr Earl performed bilateral carpal tunnel releases, stating that “the median nerve was totally decompressed and care taken to protect the recurrent branch”. [14] On 9 December 2015, Mr Earl noted that Mr Pio was doing very well. He stated that Mr Pio would be unable to do heavy work for the next three weeks, but was otherwise discharged...

5. Mitchell v Corrections [2023] NZHRRT 18 [pdf, 204 KB]

   ...provides health or disability services to prisoners, which are a limited class of persons. Corrections is specifically required under the Corrections Act 2004 to have a health centre manager and Medical Officer and to ensure that prisoners have health care that is reasonably equivalent to the standard of health care available to the public. [18] Ms Mitchell submits that Corrections is not a health agency as it cannot issue NHI numbers and [redacted] are contractors, so not part of a he...

6. [2021] NZEnvC 010 Cabra Rural Developments Limited v Auckland Council [pdf, 11 MB]

   ...rural subdivision provisions in light of Environment Courts decision dated 16 September 2020) dated 7 December 2020. (ii) An explanatory note under Table E39.6.4.4.1 is to be added which reads: "Where indigenous vegetation is proposed to be protected using Table E39.6.4.4.1. the area of indigenous vegetation protected can consist of either indigenous vegetation identified in the Significant Ecological Areas Overlay or shown on Map [X] or meeting the Significant Ecological Are...

7. 2018 Ministry of Justice Annual Report [pdf, 4.3 MB]

   ...directly with claimant groups under the guidance and direction of Cabinet • provide policy advice to the government about generic Treaty settlement issues and individual claims • oversee the implementation of settlements • administer the protection mechanism for Crown-owned land for use in Treaty settlements. Many claimant groups are either negotiating with the Crown or are having preliminary discussions. Administering Marine and Coastal Area (Takutai Moana) Act 2011 applicat...

8. [2006] NZEmpC AC 39/06 Epic Packaging Ltd v NZ Amalgamated Engineering Printing & Manufacturing Union [pdf, 123 KB]

   ...“to build productive employment relationships through the promotion of good faith in all aspects of the employment environment and of the employment relationship”. This is to be achieved both “by promoting collective bargaining” and “by protecting the integrity of individual choice”. [34] Employment relationships, as defined in s4(2), can include those between multiple unions and multiple employers. [35] The two objects of promoting collective bargaining and protect...

9. Inia v Julian [2019] Māori Appellate Court MB 333 (2019 APPEAL 333) [pdf, 441 KB]

   ...1993 was filed by Tui Kuikaha Julian, a child of the deceased to, in effect, have the disinherited uri restored as owners of her lands. Mrs Julian argued that Judge Hingston failed to consider the rights of the disinherited children under family protection legislation and that, as the judge had acted for the estate of the deceased’s husband, he should have recused himself because of a perception of bias. On 3 September 2018 Deputy Chief Judge Fox, while rejecting several of the ar...

10. [2024] NZEnvC 091 Crafar v Taupo District Council [pdf, 355 KB]

    ...National Policy Statements relevant to this Project are those on highly productive land, freshwater management, renewable electricity generation and electricity transmission. NPS-HPL [77] The NPS-HPL seeks to ensure that highly productive land is protected for use in land-based primary production, both now and for future generations, and applies to all land within a rural zone and that is identified as being Land Use Capability (LUC) Classes 1 to 3. [78] The Council submitted...