Search Results

1. [2017] NZEnvC 073 Ngai Te Hapu Incorporated v Bay of Plenty Regional Council [pdf, 28 MB]

   ...associations and activities are recorded in written form, and those sources pre-date the Rena grounding, that in some manner weakens the strength of evidence that we have heard on these topics. [37] By their nature, oral sources are transmitted in forms that are not written sources. The fact that they may be localised may indicate, as in this case, that those with the substantive history and traditions, and customary associations and activities associated to the reef are those with...

2. [2012] NZEmpC 142 Horton Media Ltd [pdf, 212 KB]

   ...assistance in an attempt to resolve the problem. 38.2 Consent to Undergo Drug and/or Alcohol Testing Upon commencement of employment where the company has reasonable concern regarding the employee’s fitness for work, the employee may be requested to consent to a drug and alcohol test. If, at any other time there is a reasonable suspicion that an employee will not be fit to work due to being under the influence of drugs or alcohol, that employee may be requested to consen...

3. LCRO 111/2024 MS v PC (24 March 2025) [pdf, 273 KB]

   ...dealings with (r 12) other persons with respect and courtesy (and in the case of r 12, integrity). I infer that this was because both of those rules apply only when the lawyer is “acting in a professional capacity” and the Committee had already formed the view that the respondent was not providing regulated services. [69] For ease of reference, I set out the text of s 4(a) of the Act and rr 2, 3, 10, 10.1, 10.2, 10.3, 10.9, 11.1(b) and 12 of the Rules below: Section 4(a) Every la...

4. [2021] NZEnvC 098 Maungaharuru-Tangitu Trust v Hastings District Council [pdf, 4 MB]

   IN THE ENVIRONMENT COURT AT WELLINGTON I TE KOTI TAIAO O AOTEAROA Kl TE WHANGANUI-A-TARA IN THE MATTER BETWEEN AND Decision No [2021] NZEnvC 98 of an appeal under clause 14( 1) of the First Schedule to the Resource Management Act 1991 MAUNGAHARURU-TANGITO TRUST (ENV-2015-WLG-054) Appellant HASTINGS DISTRICT COUNCIL Respondent REVISED DECISION ON APPEAL Decision issued: f 1. July 2021 Costs are reserved : 2 4 5 6 Introduction [1] This Court issued its

5. [2025] NZLVT 17 – Topping v Tasman District Council (28 April 2025) [pdf, 213 KB]

   ...REASONS Introduction [1] Mr Topping has filed an objection to the valuation of property at 0 Four Rivers Highway, Murchison. Background [2] A revaluation was undertaken as at 1 September 2023. [3] Mr Topping objected to the revaluation. The form is dated 17 May 2024, but is stamped 24 May 2024. [4] The valuation was reviewed, and on 31 October 2024 Tasman District Council (the Council) advised Mr Topping that a decision had been made to alter the valuation. [5] Mr Topping...

6. [2018] NZEmpC 26 A Labour Inspector v Victoria 88 Ltd [pdf, 484 KB]

   ...defendant sold the business the Watershed in August 2017 before being served with these proceedings. 5. The employees were hospitality staff at the Watershed. 6. The first defendant advertised for employees including the “Trade Me” platform. The second defendant interviewed potential employees, and offered them employment. 7. The first and second defendants employed the employees on a standard template employment agreement, which includes a clause purporting to allow the...

7. Friesen v Accident Compensation Corporation (Personal Injury) [2024] NZACC 46 [pdf, 449 KB]

   ...enough evidence on file to make an informed decision whether the meniscal tear was pre-existing, or if it was more likely a new and distinct injury. [18] The reviewer also noted: However, the mere presence of degeneration does not bar a claimant from cover or entitlements. The question is whether there was a new and distinct injury caused by accident which is now a material cause of the ongoing incapacity. Mr Friesen’s case was not properly investigated at the outset a...

8. GSTech Ltd v A Labour Inspector of the Ministry of Business, Innovation and Employment [pdf, 283 KB]

   ...COSTS JUDGMENT OF CHIEF JUDGE CHRISTINA INGLIS [1] The plaintiff has applied for costs following its successful challenge to a determination of the Employment Relations Authority.1 [2] The Authority’s investigation had centred on a number of claims brought by the Labour Inspector on behalf of an employee. The claims were against two parties, the company and the company’s director, Mr Sharma. The Authority dismissed: (a) the Labour Inspector’s claims that unlawful premiums...

9. Regulatory Impact Statement: A New Trusts Act [pdf, 1.2 MB]

   ...statement 1 1 Regulatory Impact Statement: A New Trusts Act Agency Disclosure Statement 1. This Regulatory Impact Statement (RIS) has been prepared by the Ministry of Justice. 2. The RIS analyses the Law Commission’s recommendations to reform New Zealand trust law. Trust law in New Zealand is important to individuals and businesses, and is a core component of the legal infrastructure and economy. 3. The Law Commission conducted a four year comprehensive review of general trus...

10. Nukutere Lands Trust v Trustees of Whitikau A1 – Opape 28 (2013) 70 Waiariki MB 272 (70 WAR 272) [pdf, 1.4 MB]

    ...The investigation conducted by two engineers, consisted of a site walkover with handheld GPS survey and calculations to determine clearing costs. In his report dated 27 September 2005, he described the road as follows: “Old Military Track was formed by the armed forces in the late 1800s. The track traverses ridges and sidles along relatively steep slopes, close to the ridge line. The slopes are up to 50 degrees in places and covered in mature native bush with occasional large red b...