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Search results for clause 5.

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  1. BORA Disability (United Nations Convention on the Rights of Persons with Disabilities) Bill [pdf, 227 KB]

    ...RIGHTS ACT 1990: DISABILITY (UNITED NATIONS CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES) BILL 1. We have considered the Disability (United Nations Convention on the Rights of Persons with Disabilities) Bill (the 'Bill') (PCO 13153/2.9.2.0.1.0) for consistency with the New Zealand Bill of Rights Act 1990 (the 'Bill of Rights Act'). We understand that this Bill has already been considered by the Cabinet Business Committee and has been approved for introductio...

  2. [2021] NZEnvC 013 East Harbour Environmental Association Incorporated v Hutt City Council [pdf, 1.7 MB]

    ...District Plan contained in Appendix 1 are confirmed. B: The appeal is otherwise dismissed. HARBOUR ENVIRONlvIENTAL ASSOCIATION INCORPORATED (EHEA) v HUTT CI1Y NCIL 2 REASONS Introduction [1] The Court issued a decision in this matter on 25 May 2020, making amendments to the GRAA zone provisions for vegetation clearance. 1 The Council, EHEA and Forest and Bird had previously agreed a set of provisions that would resolve the appeal by EHEA, but as the appeal was limited to...

  3. [2020] NZEnvC 108 Terra NZ Group Limited v Auckland Council [pdf, 406 KB]

    BEFORE THE ENVIRONMENT COURT AUCKLAND REGISTRY I MUA I TE KOTI TAIAO O AOTEAROA Kl TAMAKI MAKAURAU IN THE MATTER AND BETWEEN AND Decision No. [2020] NZEnvC l O z:5 of the Resource Management Act 1991 of an appeal under s 325 of the Act TERRA NZ GROUP LIMITED (ENV-2019-AKL-000313) Appellant AUCKLAND COUNCIL Respondent Court: Environment Judge DA Kirkpatrick- sitting alone under s 279(1)(9) of the Act Hearing: On the papers Date of Decision: 22 July 2020 Date

  4. [2019] NZEnvC 084 Kilmarnock Farm Limited v Canterbury Regional Council [pdf, 8.7 MB]

    ...declarations under section 311 of the Act KILMARNOCK FARM LIMITED (ENV-2018-CHC-162) Applicant CANTERBURY REGIONAL COUNCIL Respondent Court: Environment Judge J R Jackson (Sitting alone under section 309(1) RMA) Hearing: at Christchurch on 15 October 2018 Appearances: K G Reid and N Davies for the applicant PA C Maw and K H Woods for the Canterbury Regional Council Date of Decision: 8 May 2019 Date of Issue: 8 May 2019 DECISION A: Under section 313 of the Resource Man...

  5. [2020] NZEnvC 123 Upper Clutha Environmental Society Incorporated v Queenstown Lakes District Council [pdf, 3.1 MB]

    ...OTAUTAHI IN THE MATTER AND BETWEEN AND Decision No. [2020] NZEnvC 123 of the Resource Management Act 1991 of appeals pursuant to clause 14 of the First Schedule of the Act UPPER CLUTHA ENVIRONMENTAL SOCIETY INCORPORATED (ENV-2018-CHC-056) DARBY PLANNING LIMITED (ENV-2018-CHC-150) Appellants QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Environment Judge J J M Hassan Sitting alone under s279 of the Act Hearing: In Chambers at Christchurch (Final memoran...

  6. [2007] NZEmpC AC 36/07 Bank of New Zealand v Trotter & Anor [pdf, 36 KB]

    ...From this point any documents filed with the Court may be intituled as one proceeding containing both reference numbers, showing Bank of New Zealand as plaintiff, Jason Trotter as first defendant and Stephen Parkinson as second defendant. [5] The second application is for orders seeking particular discovery of documents against non-parties, namely the various companies in the Alliance Group specified in an appendix to the application and Mr Trent Cary. I shall return to that ap...

  7. [2010] NZEmpC 26 Gates v Air New Zealand Ltd [pdf, 30 KB]

    ...contains an accurate summary of the principles governing the Court’s discretion to award costs and cites the three decisions of the Court of Appeal from which those principles are derived. This proceeding has now been before the Court for more than 5 years. For the last 4 years or so, Mrs Gates has been a litigant in person. During that time, she has been granted numerous indulgences in recognition of that status. The issues before the Court and the principles applicable to th...

  8. Johnstone v Denny LCRO 4 / 2010 (13 April 2010) [pdf, 80 KB]

    ...her informed. She was uncertain as to what steps could be taken. In her view the Practitioner should have ensured that she was paid a sum equivalent to her share of that debt, instead of leaving her with a right to half of an unpaid debt. [5] The Practitioner explained that this was a „bad debt‟ and being a relationship debt, there was no basis for insisting that the Applicant should be paid her half share in cash. The Practitioner said that the Applicant severed the profe...

  9. Adams v Easthope (on appeal) [2012] NZWHT Auckland 13 [pdf, 91 KB]

    ...a duty of care? If so has a breach of that duty of care caused the claimants loss? What is the appropriate quantum to award? What contribution should Mr Sayles and Mr Easthope pay? WHAT ARE THE DEFECTS WHICH HAVE CAUSED LEAKS? [5] The experts largely agreed on the construction defects that existed and what the main defects were that had caused leaks. [6] The major issue with the alterations related to the way the deck was constructed. The most substantial caus...

  10. [2016] NZSSAA 017 (11 March 2016) [pdf, 64 KB]

    [2016] NZSSAA 017 Reference No. SSA 156/15 IN THE MATTER of the Social Security Act 1964 AND IN THE MATTER of an appeal by XXXX of Wellington against a decision of a Benefits Review Committee BEFORE THE SOCIAL SECURITY APPEAL AUTHORITY Ms M Wallace - Chairperson Mr K Williams - Member Lady Tureiti Moxon - Member HEARING at WELLINGTON on 10 February 2016 APPEARANCES The appellant in person Ms E Kirkman for the Chief Executive of the Minis