Search Results

1. [2023] NZEnvC 232 Cordyline Holdings Limited v Hamilton City Council [pdf, 3.1 MB]

   ..._________________________________________________________________ CONSENT ORDER _________________________________________________________________ A: Under s 279(1)(b) of the Resource Management Act 1991 (RMA), the Environment Court, by consent, orders that: (1) Appendix 2: Structure Plans and Appendix 15: Transportation of PC5 are amended in accordance with Attachment A to this order to show the true 2 location of the collector road referred to as Road A and the local road ref...

2. BORA Trusts Bill [pdf, 161 KB]

   ...limiting measure impair the right no more than is reasonably necessary for sufficient achievement of its purpose? 9.2.3 Is the limit in due proportion to the importance of the objective? Discrimination by age 10. The Trusts Bill contains several clauses that present a prima facie limitation on s 19(1) of the Bill of Rights Act through age-based discrimination. Through cl 9, the Bill defines an adult as a “person aged 18 years or older” and a child as a “person under the age of 1...

3. PC8 Urban Common Bundle - Volume 3 [pdf, 13 MB]

   Regional Plan: Water for Otago Otago Regional Council Updated to 5 March 2022 ISBN 978-0-908324-74-3 Please note that there is an accompanying volume of maps which identifies features and areas referred to in this Plan. All grid references used in this Plan are based on the NZMS 260 Series. The Waitaki Catchment Water Allocation Regional Plan added new definitions to the Glossary of this Plan. The new definitions only apply

4. Nicholas v Kameta - Estate of Whakaahua Walker Kameta Te Puke 2A2A3B1 and 2A2A3B2 [2011] Māori Appellate Court MB 500 (2011 APPEAL 500) [pdf, 265 KB]

   ...associated with the land. The appeal filed on behalf of the remaining appellants is allowed in that the orders of the Māori Land Court issued on 2 December 2009 concerning s108(2)(c) are annulled and substituted with the following orders: a) clause 4(d) of the deceased’s [W]ill is to be given full effect in terms of succession to Te Puke 2A 2A 3B1 and 2A 2A 3B2; b) there will be orders under ss113 and 117 of the Act in favour of those beneficiaries listed in clause 4(d)...

5. [2018] NZEmpC 19 Kumara Hotel Ltd v McSherry [pdf, 333 KB]

   ...email the next morning. She specifically referred to the 90-day trial provision, advising that: It is NZ law now, that all contracts are subject to a 90 day trial period. You could look this up if you want to, but it is a mutually beneficial clause. [12] Mr McSherry responded advising that he had read the agreement; understood it fully; and noted that it was “all fairly straightforward and standard.” [13] Mr McSherry arrived at the Kumara Hotel in mid-September 2015 a...

6. PQ v Hakaoro [2013] NZIACDT 48 (8 August 2013) [pdf, 144 KB]

   ...advice. Mr Hakaoro and his wife offered to assist her. The arrangement was that she would live in the home occupied by Mr Hakaoro and his wife and work in the home in exchange for immigration services. This, she was told, had a value of up to some $5,000. [4] In fact, Mr Hakaoro took no steps to assist her with immigration issues. She worked in his home, and Mr Hakaoro attempted to exploit her sexually. [5] However, Mr Hakaoro says the complaint is fabricated, as does his wife. They say...

7. AW v Accident Compensation Corporation (Social Rehabilitation) [2024] NZACC 160 (7 October 2024) [pdf, 192 KB]

   ...receiving any treatment for his PTSD, and that he self-reported that he felt best while driving. As a result of that report, the Corporation reinstated weekly compensation which the appellant had previously elected not to claim (backdated to 2004). [5] On 20 July 2023, Dr Richard Seemann, Specialist Physician, Rehabilitation Medicine, conducted a medical review of the appellant’s injuries in relation to his request for home modification: [The appellant] has evidence of previous...

8. 2021-10-27 ORC - PC8 - Common Bundle - Volume 1 [pdf, 16 MB]

   IN THE ENVIRONMENT COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY I TE KŌTI TAIAO O AOTEAROA ŌTAUTAHI ROHE ENV-2020-CHC-128 UNDER the Resource Management Act 1991 (RMA) IN THE MATTER of the Omnibus Plan Change - Plan Change 8, being part of a proposal of national significance directed by the Minister for the Environment to be referred to the Environment Court under section 142(2)(b) of the RMA AND IN THE MATTER of an application under section 149T of the RMA

9. ENV-2016-AKL-000xxx Sargisson & Barnes v Auckland Council [pdf, 3 MB]

   ...manner set out in Schedule 1” to the Resource Management Act 19914. Schedule 1 has been described as a code for this process 5 although important glosses have been added by case law as discussed below. A careful reading of the text of the relevant clauses in Schedule 1 shows how the submission and appeal process in relation to a proposed plan is confined in scope. Submissions must be on the proposed plan in support of or in opposition to particular provisions and cannot raise matters...

10. Putman v Jenmark Homes Ltd [pdf, 230 KB]

    ...Fourth respondent And Tony Heron Fifth respondent Determination of Adjudicators 10th February 2004 Index Paragraph Subject Page 1. Summary 2 2. Adjudication Process 4 3. The Property and Claim 7 4. Statutory Requirements 8 5. Condition of Dwellinghouse and Causation 13 6. Builder's Liability 28 7. Liability ABC 28 8. Liability: Tony Heron 39 9. Liability: B W Housecheck Limited and Brent Lee: General 43 10. Liability: B W Lee Housecheck Limited: Negl...