Search Results

1. Fish & Game - EiC - M J Trotter - Ecological Flow (5 Feb 2021) [pdf, 397 KB]

   ...Lindis River (Plan Change 5A) Environmental Court cases. I am a member of the Manuherekia River minimum flow technical advisory group. 5 I am basing this advice on my general knowledge of the impacts of flow reduction on stream ecosystems, information gained from reading supporting material for this hearing, plus the Review of the Rational for Assessing Fish Flow Requirements and Setting Ecological Flow and Allocation Limits for them in New Zealand (2019) and the draft National

2. [2020] NZREADT 37 - Eade v Real Estate Agents Authority (25 August 2020) [pdf, 335 KB]

   ...faith and deal fairly with all parties engaged in a transaction), 6.3 (a licensee must not engage in any conduct likely to bring the real estate industry into disrepute), 6.4 (a licensee must not mislead a customer or client, nor provide false information, nor withhold information that should by law or in fairness be provided to a customer or client), and 9.8 (a licensee must not take advantage of a prospective client’s, or client’s, or customer’s inability to understand real...

3. [2019] NZREADT 53 - Nottingham & Ors (26 November 2019) [pdf, 274 KB]

   ...fraudulent website. [60] Plainly, the issues are the same in the appellants’ complaint, and in the charges brought in the District Court. Therefore, the factual findings by Judge Paul in the District Court (which his Honour Justice Davison found formed a proper basis for the Judge’s decision to dismiss all of the charges) cannot be ignored by the Tribunal now. [61] The appellants’ complaint was remitted back to the (differently constituted) Tribunal to give further considerat...

4. [2021] NZEnvC 118 Drach v Tasman District Council [pdf, 2.4 MB]

   ...opinion was not significantly challenged. She is a landscape architect based in Nelson. She has significant experience in landscape assessment in Nelson, Tasman, Marlborough, Christchurch and Queenstown. \Ve are satisfied that her opinion was duly informed by both her field work and consideration of relevant RNIA planning instruments, notably the TIUvIP. She considers that the overall landscape and amenity effects associated with the Proposal are low. In summary, that is for the fol...

5. Melrose v Porter - Torere Section 58 [2022] Maori Appellate Court MB 209 (2022 APPEAL 209) [pdf, 360 KB]

   ...facilitated by Mr Shane Gibbons held at Torere. Election held for replacement trustees. Facilitator ruled that current appellants not eligible to stand for election. p.275 22 November 2021 Minute of Lower Court issued in A20200012870, declining request by Ms Melrose for adjournment of 24 November 2021 hearing to replace trustees p.61 24 November 2021 Third hearing of A20200012870 held in Rotorua. Having heard submissions from all parties, the Lower Court made orders: (a)...

6. LCRO 184/2020 BC v NP and RS decision & minute (20 May 2021 & 30 April 2021) [pdf, 257 KB]

   ...processes [24] Ms BC’s complaint was initially assessed as being suitable for the Complaints Service’s Early Resolution Process (ERP). [25] That procedure involves a Standards Committee conducting an initial assessment of a complaint and forming a preliminary view as to outcome. [26] If the Committee’s preliminary view is that the complaint appears to lack substance, a Legal Standards Officer (LSO) will contact the respondent lawyer and inform them of the Committee’s pre...

7. Watson v Accident Compensation Corporation (Weekly Compensation) [2024] NZACC 019 [pdf, 315 KB]

   ...trading surplus of $2,860.62. [17] On 18 January 2022, Erica Roets (Technical Accounting Specialist Adviser with the Corporation) provided a memorandum in relation to Mr Watson's weekly compensation entitlements. Her analysis of the financial information provided to the Corporation and IRD records and application of the relevant provisions of the Act was: (a) At the time of Mr Watson's accident and incapacity, he was an "earner" as defined in s 6. (b) The Corp...

8. Arthur v Accident Compensation Corporation (Vocational Independence) [2023] NZACC 36 [pdf, 253 KB]

   ...wrist splint, a gradual strengthening programme and for pain management services. [10] On 15 December 2012, an Initial Occupational Assessment (“IOA”) was undertaken by Ms Irene Taylor. She noted that Mr Arthur left school following sixth form and commenced, but did not complete, a building apprenticeship. His work experience covered 15 years in a range of jobs including work as a chef and a builder/labourer. His transferrable skills were detailed, along with 15 job options...

9. [2024] NZEmpC 136 Stellar Elements New Zealand Limited v Amesbury [pdf, 329 KB]

   ...Consultant role was to be declared redundant, could Mr Amesbury have been offered reconfirmation or redeployment to the Service Line Owner, Platform role? [60] It is necessary to enlarge on the relevant chronology. As noted earlier, Mr Amesbury was requested to fulfil the responsibilities of the Service Line Owner, Platform role as from October 2023. It involved non-billable work for at least six months. [61] Mr Litvinov was recruiting several staff to work in the Cloud Services...

10. [2024] NZEnvC 180 Tasman District Council v Schaeffner [pdf, 1.1 MB]

    ...s332 of the RMA. Mr Olney made submissions to the effect that the Council officers who went to the property on 14 June 2022 failed to correctly exercise these powers. The issue is academic, because the officers left the property when they were requested to do so without collecting any evidence and only came back later after obtaining a search warrant. [65] However, the issue has some wider relevance (beyond the circumstances of 14 June 2022 and the issue of costs) because it is...