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1. Housing Corporation of New Zealand v Trustees of housing 1B3B2A– Waimanoni 1B3B2A (1996) 19 Kaitaia MB 227 (19 KT 227) [pdf, 3.5 MB]

   ...contrac;\ ... where the debt demand, or damage relates to Maori freehold land". The thrust of Counsel's arguments on behalf or the Housing Corporation is directed towards the Corporation's powers to exercise the right contained in clause 21 (5) and clause 22 of the Deed. The Corporation seeks to exercise those powers because of the default by the borrower. Clause 21(5) merely recites the power of the Corporation to sever and remove the house. The manner in which that pow...

2. [2020] NZEnvC 192 Waka Kotahi New Zealand Transport Agency [pdf, 16 MB]

   BEFORETHEEN~RONMENTCOURT AT WELLINGTON I MUA I TE KOTI TAIAO O AOTEAROA Kl TE WHANGANUI-A-TARA Court: Hearing: IN THE MATTER AND BETWEEN AND Decision No. [2020] NZEnvC 192 of the Resource Management Act 1991 of the direct referral of applications for resource consents for activities associated with Te Ahu a Turanga: Manawato Tararua Highway project WAKA KOTAHI NZ TRANSPORT AGENCY (ENV-2020-WLG-000014) Applicant MANAWAT0-WHANGANUI REGIONAL COUNCIL Regulatory

3. Summit v REAA & Lewis [2011] NZREADT 38 [pdf, 108 KB]

   ...to pay the complainant (the second respondent) $4,198 (including GST) as reimbursement of legal costs and disbursements and also $2,200 to the Authority as a fine. 2 The Basic Facts [3] The second respondent had complained about a clause in his contract with the licensee for management of a residential tenancy. That clause purported to entitle the appellant licensee to commission if the property were sold to a tenant or associated person. He also complained about the li...

4. Tom De Pelsemaeker - Evidence in reply to supplementary evidence of TA's (21 May 2021) [pdf, 232 KB]

   ...assessing applications for a discharge consent. 19 Except where the land use occurs on the bed of a lake, river of regionally significant wetland or relates to bore construction, drilling or the management of defence structures against water. 20 Although Clause 3.14(1)(g) of the NPSUD recognises the need to ensure that other NPSs inform the long-term strategic planning by tier 1 and 2 local authorities to achieve well-functioning urban environments and provide sufficient development capaci...

5. Tom De Pelsemaeker - Evidence in reply to supplementary evidence of TA's (21 May 2021) [pdf, 232 KB]

   ...assessing applications for a discharge consent. 19 Except where the land use occurs on the bed of a lake, river of regionally significant wetland or relates to bore construction, drilling or the management of defence structures against water. 20 Although Clause 3.14(1)(g) of the NPSUD recognises the need to ensure that other NPSs inform the long-term strategic planning by tier 1 and 2 local authorities to achieve well-functioning urban environments and provide sufficient development capaci...

6. Tom De Pelsemaeker - Evidence in Reply (25 June 2021) [pdf, 1.7 MB]

   ...PROVISIONS 2 (j) Objective 10A1.1 (k) Streamlining Policies 10A.2.2 and 10A.2.3 OTHER MATTERS CONCERNING SPECIFIC PROVISIONS (l) Considering presumptive standards when making decisions under s95A(8)(b), or s104D(1)(a). (m) Giving effect to Clause 1.7 of the National Policy Statement for Freshwater Management 2020 (NPSFM) 5 I have read all of the submissions and briefs of evidence and have heard all evidence provided by expert witnesses and lay witnesses over the cours...

7. 14 March 2022 Southland Regional Council - Tranche 1 [pdf, 194 KB]

   ...http://www.justice.govt.nz/courts/environment-court SCHEDULE OF PROCEEDINGS 1. Topic: Topic Number: pSWLP - Topic B ENV-2020-317 000003 i. Transpower New Zealand Limited v Southland Regional Council 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-2018-CHC-000026 ii. Fonterra Co-operative Group Limited v Southland Regional Council Appeal By Submitter On P...

8. [2010] NZEmpC 130 NZALPA v Air Nelson Ltd [pdf, 32 KB]

   ...2003 (the Act). [2] The parties filed briefs of evidence which dealt with the negotiations for the collective agreement. Both cited Vector Gas Ltd v Bay of Plenty Energy Ltd1 as 1 [2010] NZSC 5, [2010] 2 NZLR 444. authority for the proposition that pre-contractual materials could be an aid to the interpretation of the collective agreement. I was not assisted by that evidence except to the extent that it provided a co...

9. [2024] NZEmpC 248 Secretary for Education v Public Service Association [pdf, 456 KB]

   ...context of this section is: “Protection of members to secure fair working conditions and a secure future.” The definition of “Pono” within the context of this section is: “Doing the right thing, not the easy thing i.e. implementing the clauses outlined within Section 11.” […] Section 1- PREAMBLE 11.1 The parties to this agreement recognise the serious consequences that the loss of employment can have on employees and propose to minimise this as far as possi...

10. CRC-37-08 DB Breweries Ltd v NZAEMPU CC 17 08 JUDGMENTS TE JTK 95 [pdf, 35 KB]

    ...period during March, April and May 2008, the four trades staff currently affected by the dispute did intermittently work shifts but that was by agreement. [7] The provisions of the collective agreement which are in dispute are those contained in clause 3. In particular the provisions which are relevant to this case are clauses 3.1 to 3.3, which are: 3.0 DEFINITIONS AND HOURS OF WORK 3.1 DAYWORK EMPLOYEES 3.1.1 Full-Time daywork employees: Full-time daywork employees are r...