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1. [2019] NZEnvC 122 Oceana Gold (New Zealand) Limited & others v Otago Regional Council [pdf, 2.2 MB]

   ...of Schedule 1 and under section 290 of the Resource Management Act 1991 the Environment Court (words added to version [2019] NZEnvC 41 in bold, words deleted are struck through): (1) directs that the Otago Regional Council amends oonfirms policy 5.4.6 of the proposed Otago Regional Policy Statement to read as follows: Policy 5.4.6 Offsetting for indigenous biological diversity Consider the offsetting of indigenous biological diversity offsetting, when: (a) Residual adverse residen...

2. QB v OL [2021] NZDT 1563 (7 December 2021) [pdf, 164 KB]

   CI0301_CIV_DCDT_Order Page 1 of 5 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2021] NZDT 1563 APPLICANT QB RESPONDENT OL The Tribunal orders: 1. The claim is dismissed. Reasons 1. On 6 July 2019, QB agreed to sell a section in [Town] to OL and Ms S (the purchasers) for $325,000.00. 2. At the time of the sale, title had not yet been issued for the section, as it was part of a subdivision which

3. 2021-07-05 MFE- Closing Submissions [pdf, 551 KB]

   ...consequence of the relief sought in the Minister’s submission.2 5. Counsel for ORC helpfully set out the principles that apply to scope issues in those submissions. Scope principles 6. As noted by Mr Maw the Environment Court must:3 6.1 apply clause 10(1) to (3) of Schedule 1 as if it were a local authority; and 6.2 may exercise the powers under section 293. 7. Clause 10 of Schedule 1 to the Act provides for the making of decisions on provisions and matters raised in submis...

4. DX & NS v X Ltd [2023] NZDT 157 (12 May 2023) [pdf, 214 KB]

   CI0301_CIV_DCDT_Order Page 1 of 5 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2023] NZDT 157 APPLICANT DX and NS RESPONDENT X Ltd The Tribunal orders: X Ltd is to pay $24,722.70 to DX and NS on or before 9 June 2023. Reasons 1. DX and NS (‘the applicants’) purchased a new-build property at [Address] from X Ltd, having attended an Open Home at a nearby development ([Road 1]) because [Road 2] was still und

5. KI & XI v T Ltd [2024] NZDT 434 (1 May 2024) [pdf, 228 KB]

   ...the risk of the any and all damage to the goods stored in the Space caused by flood, fire, leakage or overflow water, mildew, heat, spillage of material from any other space, removal or delivery of the goods, pest or vermin or any other reason.” (clause 11) 6. The contract also includes terms that the storer warrants not to store items that are worth more than $2000 in total unless “specifically itemised and covered specifically by insurance for the duration of the storage” (cla...

6. Pue v Kīngi - Te Rūnanga o Ngāti Maru (Taranaki) Whenua Tōpu Trust (2015) 335 Aotea MB 1 (335 AOT 1) [pdf, 389 KB]

   335 Aotea MB 1 IN THE MĀORI LAND COURT OF NEW ZEALAND AOTEA DISTRICT A20110010577 A20140007669 UNDER Sections 238, 240 of Te Ture Whenua Māori Act 1993 IN THE MATTER OF Te Rūnanga o Ngāti Maru (Taranaki) Whenua Tōpu Trust BETWEEN RATA PUE (DECEASED) Applicant AND MARIA KĪNGI, PAUL CARR, CYNTHIA KĪNGI BROWN, RON PUATA, RANGI TAPATU and TAMZYN PUE Respondents Hearing: 310 Aotea MB 191 dated 10

7. D-G Conservation - EiC - M J Brass - Planning (5 Feb 2021) [pdf, 455 KB]

   ...Water for Otago under s142 2 (b) of the Act by the Minister for the Environment. AND Otago Regional Council Respondent Evidence of Murray John Brass on behalf of the Director-General of Conservation / Tumuaki Ahurei dated 5th February 2021 Department of Conservation / Te Papa Atawhai RMA Shared Services Operations Group Private Bag 4715 Christchurch 8140 Solicitor: Pene Williams Email: pwilliams@doc.govt.nz M...

8. [2009] NZEmpC WC 6/09 Jesudhass v Just Hotel Ltd [pdf, 83 KB]

   ...plaintiff was guilty of serious misconduct. The plaintiff could be suspended on pay for a reasonable period if the defendant had reason to believe that he might be guilty of serious misconduct, to allow an appropriate investigation to take place (clause 14). [5] The agreement provided that if at any time the plaintiff had an employment relationship problem with the defendant he could contact the mediation service of the Department of Labour to get information about his rights, th...

9. [2022] NZEnvC 093 Waimea Plains Landscape Preservation Society Inc v Gore District Council [pdf, 249 KB]

   ...Date of Decision: 3 June 2022 Date of Issue: 3 June 2022 2 _______________________________________________________________ DECISION OF THE ENVIRONMENT COURT _______________________________________________________________ A: Under s285 of the Resource Management Act 1991, costs are awarded to the Waimea Plains Landscape Preservation Society Incorporated in the sum of $15,373. B: Under s286 of the Resource Management Act 1991, this order is enforceable in the District...

10. 2016 Decisions of public interest

    ...to time the Court decides cases that have general importance for practitioners of employment law as well as for the particular parties. These will include some judgments of the full Court and others examining and applying new law. 2016 [2016] NZEmpC 175 Wikaira v The Chief Executive of Department of Corrections [2016] NZEmpC 175 Iona Wikaira v The Chief Executive of Department of Corrections (Judgment of Chief Judge G L Colgan, 20 December 2016) UNJUSTIFIED DISMISSAL – DISPARITY – CRIMINAL...

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