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1. [2020] NZEnvC 104 Lindis Catchment Group Incorporated v Otago Regional Council [pdf, 3.7 MB]

   ...permitted activity standards, or whether resource consents should to be obtained18 . [17] As this review would include any existing activities within the Lindis Catchment, the ORC considers that the general review powers in the Act, and the review clauses sought as a condition of consent in each of the take permits in this proceeding, would enable such a review to occur to ensure compliance with any water quality standards that may be introduced in future19 . [18] We accept that in...

2. U v I [2018] NZIACDT 21 (18 June 2018) [pdf, 250 KB]

   ...documents prove the relevant facts. I will look at the Registrar’s grounds of complaint, and the evidence provided to support them; but, will not draw any inference from Mr I’s inevitable silence. The Registrar’s grounds of complaint [5] The Registrar’s account of the complaint is the only view presented. Accordingly, I will set out details of the grounds, as she put them in her statement of complaint. The statement of complaint has references to the supporting documents...

3. TS v BO & TO [2023] NZDT 97 (22 February 2023) [pdf, 128 KB]

   ...eastern side of the property and one to the western side. While the DP does not show specific measurements, I find that these common driveways appear to be broadly equal in their initial width. Neither party disputed this during the hearing. b. Clause 27 of the Memorandum of Lease dated 3 October 1972 (Lease) provides that Flat 1 has exclusive use of the land coloured light blue on (DP). c. While there is a ‘gap’ showing on the eastern side between the buildings and the common...

4. [2007] NZEmpC WC 33/07 Balfour v CE of the Department of Corrections [pdf, 42 KB]

   ...application for strike out is whether the causes of action are so clearly untenable they cannot possibly succeed. 1. Allegation of breach of confidentiality [21] The obligations of the parties in relation to confidentiality are governed by clause 6 of the settlement agreement which provides that: Confidentiality 6. Except as required by law, these terms of settlement are to remain strictly confidential and shall not (except as provided in clause 7 of this Agreement) be disc...

5. R. Singh v Kumar [2016] NZIACDT 14 (23 March 2016) [pdf, 121 KB]

   ...complainant was in New Zealand unlawfully without a current visa. [16] The Registrar identified potential infringements of professional standards during the course of Mr Kumar’s engagement, the allegations were that potentially: [16.1] Mr Kumar breached clauses 2.2 and 3(f) of the Licensed Immigration Advisers Code of Conduct 2010 (the 2010 Code). The provisions required him to take steps to warn his client in respect of a grossly unfounded application, and confirm in writing the detai...

6. [2021] NZEnvC 123 Wyuna Preserve Residents Association Incorporated v Queenstown Lakes District Council [pdf, 303 KB]

   WYUNA PRAI v QLDC – FINAL DECISION 2021 IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2021] NZEnvC 123 IN THE MATTER of the Resource Management Act 1991 AND an appeal under clause 14 of the First Schedule of the Act BETWEEN WYUNA PRESERVE RESIDENTS ASSOCIATION INCORPORATED (ENV-2018-CHC-143) Appellant AND QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Environment Judge J J M Hassan Environment Commissioner J...

7. Heads v Attorney-General [2015] NZHRRT 12 [pdf, 703 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2015] NZHRRT 12 Reference No. HRRT 048/2011 UNDER THE HUMAN RIGHTS ACT 1993 BETWEEN ERNEST FINDLAY HEADS PLAINTIFF AND ATTORNEY-GENERAL DEFENDANT AT DUNEDIN BEFORE: Mr RPG Haines QC, Chairperson Ms WV Gilchrist, Member Ms ST Scott, Member REPRESENTATION: Dr F McCrimmon for plaintiff Mr IC Carter and Ms AL Graham for defendant DATE OF HEARING: 19, 20 and 21 February 2013; 23 and 24 Ap

8. The Māori Trustee v O'Rorke - Pukekohatu 7B (2014) 329 Aotea MB 79 (329 AOT 79) [pdf, 308 KB]

   ...Trustee must exercise their general powers consistently with the proposed occupation arrangement. The Law [29] In Naera v Fenwick the Court of Appeal examined the interplay between the general powers and specific powers of a trust contained in clauses 3(a) and 3(b) respectively, which are clauses common to a number of trust orders. 17 That Court considered the earlier decision of the Māori Appellate Court, Karena – Owhaoko C1, C2, C4, C5 & C7, where it was held: 18 Pu...

9. B Ltd v C Ltd & others [2024] NZDT 99 (21 February 2024) [pdf, 213 KB]

   ...schedule which is headed “depreciation schedule”. I understand this list has been taken from C Ltd’s business accounts rather than being a list of assets drawn up specifically for the purposes of the sale of the business. 13. In addition clause 22 of the agreement provides: “(22.1) the Vendor and the Purchaser agree that the plant assets and equipment sold with the business shall include all items of plant, assets and equipment currently used in the operation of the Business...

10. [2019] NZEmpC 83 Pitman v Advanced Personnel Services Ltd [pdf, 374 KB]

    GRAHAM PITMAN v ADVANCED PERSONNEL SERVICES LIMITED [2019] NZEmpC 83 [15 July 2019] IN THE EMPLOYMENT COURT OF NEW ZEALAND CHRISTCHURCH I TE KŌTI TAKE MAHI O AOTEAROA ŌTAUTAHI [2019] NZEmpC 83 EMPC 3/2018 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN GRAHAM PITMAN Plaintiff AND ADVANCED PERSONNEL SERVICES LIMITED Defendant EMPC 71/2018 AND IN THE MATTER