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1. OWRUG - EiC - S Dicey - Planning (5 Feb 2021) [pdf, 1.5 MB]

   PP-1035600-2-215-V4 BEFORE THE ENVIRONMENT COURT CHRISTCHURCH REGISTRY ENV:2020-CHC-127 In the Matter of the Resource Management Act 1991 And a notice of motion under section 149T(2) to decide proposed Plan Change 7 to the Regional Plan: Water for Otago. Between OTAGO REGIONAL COUNCIL Applicant And OTAGO WATER RESOURCE USERS GROUP Section 274 Party EVIDENCE OF SALLY DICEY FOR OTAGO WATER RESOURCE USER GROUP INC GALLAWAY COOK ALLAN LAWYERS

2. [2018] NZEnvC 208 The Wolds Station Limited v Mackenzie District Council [pdf, 5.2 MB]

   ...controlled activity rule 3.2.3, standard and term (xii)) dated 10 November 2017; • the Canterbury Regional Council' ("the CRC") dated 10 November 2017 supporting the MDC position; • Federated Farmers of New Zealand Incorporated5 dated 23 November 2017; • The Wolds Station Limited6 dated 24 November 2017; • MDC in reply7 dated 6 December 2017; • MDC dated 16 May 2018; • The Wolds Station Limited dated 18 May 2018. All references to the MDC's pr...

3. Crothers v Accident Compensation Corporation (Weekly Compensation / Calculation of earnings as self employed person) [2023] NZACC 171 [pdf, 274 KB]

   ...for tax purposes. But the Corporation is not bound by the net income arrived at in the relevant filed tax return. [16] Part 2 of Schedule 1 of the Act provides for the calculation of earnings for the purpose of determining weekly compensation. Clause 31 applies where the Corporation is determining earnings for a self-employed person. Clause 31 directs that the Corporation must take into account [emphasis added] the self-employed person’s income tax return: (a) if filed for the...

4. Matenga v Accident Compensation Corporation (Weekly compensation) [2024] NZACC 140 [pdf, 205 KB]

   ...Hamilton/Kirikiriroa District Court Appearances: B Thompson for the Appellant B Marten for the Accident Compensation Corporation (“the Corporation”) Judgment: 19 August 2024 RESERVED JUDGMENT OF JUDGE P R SPILLER [Deemed cover – s 58; claim for weekly compensation - s 67, Accident Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from the decision of a Reviewer dated 7 February 2024. The Reviewer dismissed an application for revie...

5. [2015] NZEmpC 44 Mana Coach Services Ltd v the New Zealand Tramways and Public Transport Employees Union [pdf, 401 KB]

   ...ineffectual because of the Wages Protection Act. The defendant says that the plaintiff should not now be entitled to rely on cl 13.2 of the collective agreement because, although the agreement was available for consideration by the Authority, this clause was not “made known” to the Authority or to the Court on the challenge. [55] Next, the defendant says that there is a common law duty implied by contract to pay wages for work performed and that if an employee is present but no...

6. 2021-07-07 ORC - Closing Submissions [pdf, 422 KB]

   ...2021, Matthew Hickey at 991 to 993, 2 Otago Regional Council Plan Change 7 – ENV-2020-CHC-127, Transcript dated 8 to 26 March 2021, Matthew Hickey at 991 to 993, Sally Dicey at 1322 to 1323; Transcript dated 12 to 20 April 2021, Claire Perkins at 152 to 153, Kim Reilly at 759; Transcript dated 17 to 23 May 2021, Susan McKeague at 245, Sandra McIntyre at 660 to 661 3 5 All expert planning witnesses appearing before this Court have accepted the need for PC7, including Ms Dicey (fo...

7. Miller v REAA & Robinson [2013] NZREADT 14 [pdf, 84 KB]

   ...licensee during the term of the Edinburgh listing agreement while he was working for Edinburgh. [4] The appellant therefore alleged that the vendor trust was exposed to a risk of paying two commissions, one to Edinburgh and one to Harcourts. [5] A Mrs Bardwell, a vendor and trustee (with her husband) of the vendor family trust, stated to the Committee that, at the time of listing the property for sale with Harcourts, the licensee “fully covered the commission issues” with her...

8. [2018] NZEnvC 026 Marlborough District Council v Burkhart Industries Ltd [pdf, 5.3 MB]

   ...AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2018] NZEnvC 26 of the Resource Management Act 1991 of an application for change to interim enforcement orders under section 320 of the Act MARLBOROUGH DISTRICT COUNCIL (ENV-2017 -CHC-95) Applicant BURKHART FISHERIES LIMITED & TREVOR MILTON BURKHART Respondents Court: Environment Judge J J M Hassan Hearing: In Chambers at Christchurch Date of Decision: 6 March 2018 Date of Issue: 6 March 2018 CHANGE TO...

9. [2023] NZIACDT 1 - NI v Chak (5 January 2023) [pdf, 279 KB]

   ...Immigration Advisers Licensing Act 2007 BY THE REGISTRAR OF IMMIGRATION ADVISERS Registrar BETWEEN NI Complainant AND CLEMENT CHUN WANG CHAK Adviser SUBJECT TO SUPPRESSION ORDER DECISION Dated 05 January 2023 REPRESENTATION: Registrar: Self-represented Complainant: P Y Liu, counsel Adviser: J Wedlake, B M Russell, counsel 2 PRELIMINARY [1] The complainant, NI, paid a substantial fee to the advi...

10. [2021] NZACC 27 - Williams v ACC (4 February 2021) [pdf, 153 KB]

    IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 27 ACR 325/19 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN ERIC WILLIAMS Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 26 November 2020 Heard at: Dunedin/Otepoti District Court Appearances: The appellant in person Mr I Hunt for the respondent