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1. Rudd v Hemana - Horowhenua 11 Lake (2022) 451 Aotea MB 214 (451 AOT 214) [pdf, 343 KB]

   451 Aotea MB 214 I TE KOOTI WHENUA MĀORI O AOTEAROA I TE ROHE O AOTEA In the Māori Land Court of New Zealand Aotea District A20220007128 WĀHANGA Under Section 238, Te Ture Whenua Māori Act 1993 MŌ TE TAKE In the matter of Horowhenua 11 (Lake) I WAENGA I A Between CHARLES RUDD Te kaitono Applicant ME And CLINTON HEMANA, PAMELA ANAHERA WINIATA, DEAN JAMES WILSON, DEANNA MERE HANITA PAKI AS TRUSTEES OF THE HOROWHENUA

2. [2007] NZEmpC AC 56/07 NZ Public Service Association v Waitemata DHB [pdf, 24 KB]

   ...28 September, and 12 October 2007 Judgment: 14 November 2007 JUDGMENT OF JUDGE C M SHAW [1] The parties have been in dispute about the liability of the Waitemata District Health Board (WDHB) to pay a clothing allowance pursuant to clause 8.4.2 of a collective agreement. In May 2005 the Court made a declaration that WDHB had breached the terms of the employment of the plaintiff’s members by failing to provide them with a normal uniform until September 2002 which remov...

3. [2016] NZSSAA 111 (22 December 2016) [pdf, 88 KB]

   ...for childcare costs to be considered as an allowable cost in certain circumstances but the Authority considers that the provision of Temporary Additional Support to Ms XXXX in the circumstances would be prohibited by reason of the provisions of Clause 12 of Schedule 2 “allowable costs” which reads: 12. In clause 3(k), gross costs of essential childcare, in relation to an applicant for temporary additional support, means the costs, up to a maximum of $6 per child per hour of child-...

4. [2016] NZSSAA 010 (2 March 2016) [pdf, 22 KB]

   ...any of Parts 1A to 1P or Part 2, but in any event specifically includes paragraph (b)(iii) an Accommodation Supplement payable under s 61EA. [11] We are satisfied that the Chief Executive is required to have regard to s 74A in deciding which of the clauses of Part 2 of Schedule 18 applies to the appellant. [12] There appears to be no dispute that the appellant’s husband held a temporary entry visa at the times relevant to this appeal. Section 74A provides that in this circumstance, t...

5. [2020] NZEmpC 17 Canterbury Westland Free Kindergarten Assoc Inc v Barnes [pdf, 124 KB]

   ...INTERLOCUTORY JUDGMENT OF CHIEF JUDGE CHRISTINA INGLIS (Application for leave to intervene) [1] These proceedings are set down for hearing in Christchurch on 1 May 2020. The challenge raises issues as to the interpretation of a clause in a collective agreement, in respect of the way in which sick leave is to be paid out. [2] During the course of a telephone directions conference on 11 December 2019, I drew the representatives’ attention to s 129 of the Employment...

6. 2024-06-24-Notice-of-Hearing-Strain-WEL.pdf [pdf, 238 KB]

   ...PROCEEDINGS QLDC PDP Topic 31 (Subtopic 2 Group 3) ENV-2022-303-000011 Strain v Queenstown Lakes District Council Wakatipu Equities Limited v Queenstown Lakes District Council Appeal By Submitter On Proposed Policy Statement Or Plan pursuant to Clause 14 of the First Schedule of the Resource Management Act 1991 Appeal By Submitter On Proposed Policy Statement Or Plan pursuant to Clause 14 of the First Schedule of the Resource Management Act 1991 Court Reference: ENV-2019-C...

7. Proprietors of Mangatawa Papamoa Block - Lot 1 DP SA 86263 (2007) 90 Tauranga MB 25 (90 T 25) [pdf, 3.8 MB]

   ...from the Court would therefore need to be conditional upon Mangatawa and MRVL undertaking to the Court that the loan documentation to be signed in respect of this proposal will not secure or guarantee anything other than the sums refeITed to in clause 9.2 of the Pacific Coast Village Partnership Agreement dated II May 2007. There would also need to be a condition that Mangatawa will obtain consent of the shareholders in general meeting to any further significant borrowing or guarante...

8. BORA Conservation (Infringement System) Bill [pdf, 136 KB]

   ...appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act. In reaching that conclusion, we have considered the consistency of the Bill with s 14 (freedom of expression), s 21 (unreasonable search or seizure), and s 25(c) (right to be presumed innocent until proved guilty). Our analysis is set out below. Summary 4. The Bill introduces infringement offence regimes to eight conservation-related Acts. 5. Particular provisions of the Bill engage rights and...

9. [2022] NZEnvC 045 Auckland Council v Banora [pdf, 249 KB]

   ...it would cost $226,715 for Auckland Council to complete the work. Grounds in support of application [8] Paragraph [9] of the Council’s initial application for enforcement orders on 25 August 2016 sought that the enforcement orders include a clause specifying that subsequent holders of title or successors of the property will be subject to the same enforcement orders as the Banoras. This clause seems to 3 Auckland Council v Banora [2016] NZEnvC 246. 4 Banora v Auckland Coun...

10. Fisheries Amendment Bill [pdf, 217 KB]

    ...seeks to achieve, and is rationally connected to, a sufficiently important objective; impairs the right or freedom no more than reasonably necessary to achieve the objective; and is otherwise in proportion to the importance of the objective.4 13. Clause 13 of the Bill amends s 72 of the principal Act. The new s 72(1) contains a general prohibition against commercial fishers returning or abandoning any fish or aquatic life that is subject to the QMS. The new s 72(4) creates graduated...