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1. [2017] NZEnvC 184 Cabra Rural Developments Ltd v Auckland Council [pdf, 1.1 MB]

   ...Hartley's position is that the Council's discretions on its decision under the Local Government (Auckland Transitional Provisions) Amendment Act 2013 (LGATPAA) are essentially the same as those under the Resource Management Act, Schedule 1, clause 10 (clause 10). She accepts that they are not as broad as those that the IHP holds under s 144, but says that, overall, the principles set out by Whata J in Albany North Landowners v Auckland Council1 at paragraph [115] mean that...

2. BORA Nga Rohe Moana o Nga Hapu o Ngati Porou Bill [pdf, 202 KB]

   Nga Rohe Moana o Nga Hapu o Ngati Porou Bill 26 September 2008 Attorney-General LEGAL ADVICE CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: Nga Rohe Moana o Nga Hapu o Ngati Porou Bill Our Ref: ATT395/79 1. I have reviewed the above Bill (version 17) for consistency with the New Zealand Bill of Rights Act 1990. I advise that the Bill appears to be consistent with the New Zealand Bill of Rights Act 1990. 2. The Bill would give effect to a deed of agreement between t

3. [2020] NZEnvC 168 Upper Hutt City Council.pdf [pdf, 175 KB]

   ...WHANGANUI-A-TARA IN THE MATTER AND BETWEEN Decision No. [2020] NZEnvC 168 of the Local Government Act 1974 of an application under s 342 and the 10th Schedule of the Act to stop unformed road No. 1 Line, Silverstream, shown on SO Plan 518795 UPPER HUTT CITY COUNCIL (ENV-2019-WLG-000134) Applicant Court: Environment Judge B P Dwyer sitting alone under s 279 of the Act Hearing: On the papers Date of Decision: 2 October 2020 Date of Issue: 2 October 2020 FINAL DECIS...

4. ES v UH Ltd [2017] NZDT 641 (31 October 2014) [pdf, 82 KB]

   ...onto an 8 tonne truck. Mr AA estimated that approximately 40% of the work was done at this point. [8] I have reviewed the documents submitted and considered all the evidence produced. I find that the contract does not contain a termination clause and there is no evidence of breach of contract by UH Ltd. There was no evidence to suggest that ES was induced to enter into the contract by a misrepresentation or that she was particularly vulnerable or disadvantaged at the time she...

5. BORA COVID-19 Response (Taxation and Social Assistance Urgent Measures) Bill [pdf, 86 KB]

   ...Security Act 2018, • Taxation (KiwiSaver, Student Loads, and Remedial Matters) Act 2020, and • Commissioner’s Table of Depreciation Rates. Consistency of the Bill with the Bill of Rights Act Section 19 – Freedom from discrimination 7. Clauses 15 – 18 of the Bill amend the in-work tax credit scheme. These provisions remove the existing eligibility requirement that a person or their partner must be employed full-time in order to receive the credit. 8. Clause 16 of the Bil...

6. [2021] NZSSAA 11 (2 July 2021) [pdf, 154 KB]

   ...included her age and medical conditions; and the recent experience of a burglary of her home. The result of the burglary, the Ministry accepted, was stress and leaving XXXX to fear for her safety. [4] The Ministry considered that the limit of $500 maximum assistance applied as XXXX did not meet the “exceptional circumstances” exception required before a higher level of assistance applied. However, the assistance she sought was only $459.00, so the issue did not arise. [5]...

7. BORA Education (Protecting Teacher Title) Amendment Bill [pdf, 284 KB]

   ...ATTORNEY-GENERAL under the New Zealand Bill of Rights Act 1990 on the Education (Protecting Teacher Title) Amendment Bill Presented to the House of Representatives pursuant to Section 7 of the New Zealand Bill of Rights Act 1990 and Standing Order 265 of the Standing Orders of the House of Representatives 1 WELLINGTON, NEW ZEALAND Published by Order of the House of Representatives - 2018 1. I have considered whether the Education (Protecting Teacher Title) A...

8. Te Wani v Peters - Te Puru No 5 (2016) 119 Waikato Maniapoto MB 275 (119 WMN 275) [pdf, 175 KB]

   119 Waikato Maniapoto MB 275 IN THE MĀORI LAND COURT OF NEW ZEALAND WAIKATO MANIAPOTO DISTRICT A20130005807 A20130005808 UNDER Sections 19(1)(a) and 20 of Te Ture Whenua Māori Act 1993 IN THE MATTER OF TE PURU NO 5 BLOCK BETWEEN TUHAITI TE WANI AND MATEKINO GAYE RUARANGI THORP Applicants AND JIMMY PETERS Respondent Hearing: 27 November 2013 (69 Waikato Maniapoto MB 279-304) 10 September 2014 (86 Waikato Maniapoto MB 119-

9. [2011] NZEmpC 39 NZ Defence Force v PSA [pdf, 92 KB]

   ...MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN THE CHIEF OF THE NEW ZEALAND DEFENCE FORCE Plaintiff AND THE NEW ZEALAND PUBLIC SERVICE ASSOCIATION INCORPORATED Defendant Hearing: 25 March 2011 (Heard at Wellington) Appearances: Ms Anthea Williams, Counsel for the Plaintiff Mr Peter Cranney and Caroline Mayston, Counsel for the Defendant Judgment: 20 April 2011 JUDGMENT OF JUDGE A D FORD Introduction...

10. ET Ltd v District Council [2021] NZDT 1317 (20 January 2021) [pdf, 224 KB]

    CI0301_CIV_DCDT_Order Page 1 of 5 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2021] NZDT 1317 APPLICANT ET Limited RESPONDENT [redacted] District Council The Tribunal orders: [Redacted] District Council is to pay $5,681.85 to ET Ltd on or before 9 February 2021. REASONS Brief details of claim 1. ET Ltd (ETL) had a Licence to Occupy a site on the south east corner of [redacted] (Site 2) for a cart selli