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1. 2021-11-03 ORC - Legal submissions - PC8 - primary sector hearing [pdf, 288 KB]

   ...out in Schedule 20. If a person has the requisite qualifications and experience, then they will be able to be approved as an SQP able to undertake the relevant certifications. 68 In terms of the certification itself, the rules have also been carefully crafted to ensure that there is no discretion reserved to the SQP to determine whether the activity is permitted or not. Using Rule 14.7.1.1 as an example, it requires the SQP to have certified (within the last five years) that...

2. ENVC Matiatia transcript 20141006 [pdf, 5.4 MB]

   1 BEFORE THE ENVIRONMENT COURT AT AUCKLAND ENV-2013 AKL 000174 IN THE MATTER OF An appeal pursuant to s 87 of RMA BETWEEN WAIHEKE MARINAS LTD Appellant AND AUCKLAND COUNCIL Respondent AND DIRECTION MATIATIA INCORPORATED NGĀTI PAOA IWI TRUST AUCKLAND TRANSPORT THOMAS GREVE AND KRISTIN LEWIS Other s274 Parties Hearing Commenced: 06 October 2014 Court: Judge L Newhook Commissioner A Leijnen Commissioner R Howie

3. [2007] NZEmpC AC 17/07 Housham v Juken NZ Limited [pdf, 93 KB]

   ...culpable and non-culpable involvement in a physical altercation. In Pilkington (New Zealand) Ltd v Sangha [1999] 2 ERNZ 263 Mr Sangha was the victim of an unprovoked assault by another employee on the employer’s premises. Mr Sangha attempted to protect himself from fist blows but when passive resistance was insufficient, he attempted to dissuade his aggressor from continuing his attack by swinging blows at the aggressor that, nevertheless, did not connect. The employer, engaged...

4. Committee on the Elimination of All Forms of Racial Discrimination – summary record 15th-17th reports (continued) [pdf, 66 KB]

   ...Action Plan, a “constitutional conversation” to develop public understanding of the complex issues involved, which required public support. The Commission remained reluctant to prescribe particular solutions because of the need for extensive and careful debate by Maori and other New Zealanders. He would welcome support for the Commission’s view. Having just completed a three-year community dialogue project on human rights and the Treaty of Waitangi, the Commission considered that mor...

5. Welsh - Taiharuru 4C3 (2012) 2012 Chief Judges MB 398 (2012 CJ 398) [pdf, 178 KB]

   ...medical evidence as to the extent of that disability, the evidence of his whānau and my assessment of Milton Welsh is that he was not a person who was capable of handling his own financial or land interests. A kaitiaki trust or an order under the Protection of Personal and Property Rights Act 1988 may have been appropriate. Nevertheless, the critical point is that in 1995, had the Court been aware that Milton Welsh suffered from some form of intellectual or mental disability, then...

6. Orsborn v CAC 20006 & Collier & JVL Prestige Realty Ltd[2013] NZREADT 69 [pdf, 72 KB]

   ...on the front page (3.471 hectares).” [25] Before us Mr Collier stated, inter alia, that when the property came on the market the vendors did not have available the actual area of the land to be auctioned: “so I produced a flyer and was extra careful to say that the entire front paddock was not included and we showed that to everyone and we said this is the total area of land but this paddock won’t be included”. Re Compensation: The Quin Case [26] There was reference from all...

7. Hulton Patchell Limited v Mitchell - Pukeroa Oruawhata Trust (2010) 5 Waiariki MB 246 (5 WAR 246) [pdf, 114 KB]

   ...As Mr Dennett acknowledges and Mr Kahukiwa, Ms Mitchells application for review was disposed of in 2006 by the Appellate Court judgment and she or any other owners are free to seek review if they wish. I stress though that having considered very carefully the submissions of counsel and the decision of the Court of Appeal, it seems quite obvious that in any application for variation, except perhaps where Section 351 might be relevant, (and I cannot see how it applies in this case), that t...

8. Waitangi Tribunal - issue 62 of Te Manutukutuku [pdf, 1.3 MB]

   ...enterprises. His major focus has been on sustainability projects involving consultation and co-operation between community, business and government stakeholders. He has also worked in areas of social concern, including employment, youth at risk, family care and protection, and in weaving social justice and ecological perspectives together within the East Coast, Eastern Bay of Plenty and Te Urewera regions. Mr Brown is a director of two private companies, a Walking Access Commissioner,...

9. [2018] NZEnvC 060 Sabatier v Auckland Council [pdf, 5 MB]

   ...proposition is arguable. The factual and legal matrices of this land development are undoubtedly complicated and continuing to evolve. That said, we are satisfied that Auckland Council is seized of the compliance issues and will need to give the matter careful consideration under s 224. [19J Part of that evolving factual context includes Auckland Council's acceptance that substantive improvements to the secondary flowpath (on which the pump station is a fixture) are required an...

10. Taueki - Horowhenua 11 (Lake) Māori Reservation (2005) 163 Aotea MB 99 (163 AOT 99) [pdf, 1.4 MB]

    ...profiteering, with the exception of the telephone costs. I cannot see how trustees of a Maori reservation, even one as extraordingary as this, can justify incurring telephone and cellphone costs of some Minute 800k: 153 AOT 112 $35,000.00. Having carefully considered all of these matters, on reflection, and by the narrowest of margins, I am prepared on this occasion to grant the trustees relief for the payments had and received as set out in paragraph 7. The current and former tru...