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1. Te Ohu Kaimoana Trustee Limited v Te Rūnanga nui o te Aupōuri - application under s 182(4) Māori Fisheries Act 2004 (2015) 102 Taitokerau MB 1 (102 TTK 1) [pdf, 314 KB]

   ...relevant. Reliance is placed on an affidavit of Mr Haami Piripi filed in support. Mr Piripi is the current Chair of Te Rūnanga o Te Rarawa. Mr Piripi refers to a mana paradigm developed by Maori Marsden as a benchmark. That paradigm identifies three forms of mana. Mana tupuna (or atua) derived through ancestry and defined by genealogical relationships. Mana tangata, an expression of the inherited attributes of the individual and mana whenua/moana the ability to make decisions about...

2. ENVC Hearing 6Oct14 AC evidence chief Stephen Brown [pdf, 8.9 MB]

   ...Bay’s current character and values: Ø An OUTER BAY enclosed by the outer headlands at the mouth of Matiatia Bay whose coastal fringe retains a stronger sense of being substantially ‘natural’, or at least still dominated by natural landforms and its interaction with the sea, while most higher slopes and ridges combine regenerating native shrubland with pockets of open space and more ornamental planting (including stands of olives) interspersed with dwellings. Ø...

3. Tweeddale v Pearson [pdf, 405 KB]

   ...house. The cracks are more numerous on the north-east and north-west sides of the house – the sides receiving the most sunshine. Some cracks propagate from window (and other) corners, but not all such corners have cracks. They appear to have formed over a period of time, and we suspect that they are continuing to 7 propagate. The spacing of the cracks varies, but in a number of areas appear to conform with stud and dwang lines. No control joints were incorporated in the pla...

4. Malik v Auckland Council [2011] NZWHT Auckland 7 [pdf, 313 KB]

   ...upstairs deck adjacent to the master bedroom. Secondly, the Maliks noticed that the windows in the downstairs lounge area were causing leakage to the inside carpet walls and window sills, necessitating immediate repair. At that time they engaged Forme Developments Limited to effect repairs at a cost of $1,216.98. The third water ingress concern was leakage through the windows of the upstairs bedroom facing the front of the house. [19] Mr Malik stated that they made attempts ear...

5. [2016] NZEmpC 112 Radius Residential Care Ltd v The NZ Nurses Organisation Inc [pdf, 431 KB]

   ...IN THE MATTER OF proceedings removed from the Employment Relations Authority BETWEEN RADIUS RESIDENTIAL CARE LIMITED Plaintiff AND THE NEW ZEALAND NURSES ORGANISATION INC First Defendant AND E TU INC (FORMERLY THE SERVICE & FOOD WORKERS UNION NGA RINGA TOTA INC) Second Defendant AND THE 64 EMPLOYEES LISTED IN SCHEDULE A TO THE STATEMENT OF CLAIM Third Defendants Hearing: 10, 11 and 12 August 2016 (Heard at Au

6. [2021] NZEnvC 052 Rangitane O Tamaki v Manawatu-Wanganui Regional Council [pdf, 3.2 MB]

   ...created by the overlap between the two WWTP discharges.3 We agree. [5] The planning issues in particular were essentially the same in principle for both sets of appeals.4 . Accordingly some but not all of the evidence and some but not all of our requests for further information were relevant to both sets of appeals, adding further complexity to the normal evaluation process. For the sake of efficiency we have relied in this decision on relevant evidence and submissions in relation...

7. [2016] NZEmpC 158 Kidd v Beaumont [pdf, 460 KB]

   ...“volunteer” in the book version of Black’s Law Dictionary includes an “officious intermeddler” in relation to the term “mere volunteer”. In turn, an officious intermeddler is: “Someone who confers a benefit on another without being requested or having a legal duty to do so, and who therefore has no legal grounds to demand restitution for the benefit conferred”: hence, I imagine, the equitable principle that ‘equity will not assist a volunteer’. [56] Usual,...

8. [2018] NZEmpC 110 A Labour Inspector v Prabh Ltd [pdf, 508 KB]

   ...and obtain qualifications in business management, for their visa applications to be successful they were eventually required to be in employment commensurate with their qualifications. One of the employees maintained in evidence that he was performing management duties at the general store where he worked. The other two freely admitted that they did not. While the second and third defendants did not give evidence, I can conclude, from the evidence I did hear and the documents pro...

9. [2022] NZEnvC 112 Minister of Conservation v Wellington Regional Council [pdf, 1.5 MB]

   ...NZEnvC 109. 3 REASONS Introduction [1] The Court issued a decision on 28 June 2022 making changes to the Wellington Region's Proposed Natural Resources Plan to resolve the final Topics on the above appeals. 1 The Court made amendments requested by the Regional Council to "Table 1 - Phase in of priority catchments listed in Schedule Z", as follows: Location Due Date Land in the \v'aitawa and Parkvale catchments 30June 2023 30 Dec 2023 Land in the Otuku...

10. Rankin v Accident Compensation Corporation (Revocation of Cover Mental Injury) [2023] NZACC 96 [pdf, 389 KB]

    ...light duties at work, slow progress with healing”, and certified Ms Rankin as fully unfit from 26 August 2015 to 30 September 2015. [15] On 10 September 2015, Ms Kitty Sceats, Physiotherapist, sent the Corporation an ACC32 Treatment Extension Request to extend cover to include a diagnosis of lumbar disc prolapse with radiculopathy. [16] The above request was not acknowledged by the Corporation and the statutory timeframe for issuing a cover decision lapsed. Therefore, on or a...