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1. [2023] NZEnvC 239 Nelson-Marlborough Fish & Game Council v Marlborough District Council [pdf, 4.2 MB]

   ...Court, by consent, orders that: the appeals are allowed. The Marlborough District Council is directed to amend the proposed Marlborough Environment Plan by making (1) MCKEECH EC Seal 2 the changes set out in Appendix 2 attached to and forming part of this order; the appeal points on the provisions set out in Appendix 1, Table 2 are withdrawn; and the balance of the appeals remain extant. B: Under s285 of the Resource Management Act 1991, there is no order as to co...

2. Waitangi Tribunal - Matua Rautia Report on the Kōhanga Reo claim [pdf, 4.2 MB]

   ...between the decline in kōhanga reo enrolments and the numbers of children acquiring some competence in speaking te reo Māori . We understand that the broader government Māori Language strategy is being reviewed and that there is some policy work forming around this as a response to the recommendations of the Wai 262 Ko Aotearoa Tēnei report (2010) and of The Waitangi tribunal 141 The terrace Wellington Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribuna...

3. [2011] NZEmpC 111 Gaut v BP Oil NZ Ltd costs [pdf, 108 KB]

   ...the plaintiff had misled the Court. [12] Ms Turner’s first submission, therefore, fails because it proceeds on an incorrect premise. The paragraph from the plaintiff’s original brief of evidence which her submission was based upon did not form part of Mr Gaut’s evidence before the Court. The Calderbank offers [13] Ms Turner referred the Court to two Calderbank offers made by BP to Mr Gaut on 15 October 2009 and 6 August 2010 respectively, submitting that they were tim...

4. [2009] NZEmpC CC 7/09 Heritage Expeditions Ltd v Fraser [pdf, 37 KB]

   ...Heritage Expeditions Limited rather than Heritage Travel Group Limited. On behalf of Mr Fraser, his solicitors asked the Authority to substitute Heritage Expeditions Limited as the respondent in the proceedings. [10] In response to that request, the Authority reopened its investigation and scheduled a further investigation meeting on 4 June 2009. Notice of that meeting and a minute issued by the Authority was sent to Heritage Travel Group Limited at its address for servi...

5. [2015] NZEmpC 205 Best Health Products Ltd v Nee [pdf, 153 KB]

   ...NZERA Christchurch 106. 2 Nee v Best Health Products Ltd [2015] NZERA Christchurch 84. breached its obligation of good faith to her, had failed to pay her salary on an agreed basis, and had failed to provide wage and time records when requested so that a penalty should be ordered. [3] Following an investigation meeting at which the interests of BHPL were represented by Mr Gu, the Authority determined that Ms Nee did not have a personal grievance because it was satisfied...

6. Hansen v CAC 10052 & Sadd [2011] NZREADT 26 [pdf, 121 KB]

   ...matters, even if it was a conclusion on which minds might reasonably differ. In such circumstances it is an error for the High Court to defer to the lower Court’s assessment of the acceptability and weight to be accorded to the evidence, rather than forming its own opinion”. [10] In Kacem v Bashir [2010] NZSC 112 the Supreme Court has clarified that the principles in Austin, Nichols apply to Courts exercising jurisdiction over general appeals from lower Courts, not appeals from d...

7. ENVC Hearing 6Oct14 NPI Trust legal submissions [pdf, 143 KB]

   ... COURT     IN  THE  MATTER     of  the  Resource  Management  Act  1991       AND       IN  THE  MATTER   of  a  Notice  of  Motion  under  s87G  of  the  Act  requesting  the  grant  of   resource  consents  to  Waiheke  Marinas  Ltd  to  establish  a  marina  at   Matiatia  Bay,  Waiheke  Island,  in  the  Hauraki  Gulf    ...

8. Gray - Mohaka A4 Trust (2014) 36 Takitimu MB 254 (36 TKT 254) [pdf, 176 KB]

   ...amongst the owners’ whānau, Querida Strickland and Jo-Anne Gemmell-Harris. One owner at least, Sam Gemmell, did not wish to participate in the process or provide a vote by way of proxy on the basis that he did not consider there was sufficient information for him and other owners to make an informed decision. According to an email sent on his behalf Sam Gemmell preferred that Mr Gray, the current responsible trustee, should remain in office. [3] In addition, issues arose ove...

9. ENVC Hearing 6Oct14 s274 evidence chief Anthony King-Turner [pdf, 98 KB]

   BEFORE THE ENVIRONMENT COURT IN THE MATTER of a notice of motion under section 87G of the Resource Management Act 1991 (Act) requesting the granting of resource consents to Waiheke Marinas Limited to establish and operate a marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf ENV-2013-AKL-000174 STATEMENT OF LAY EVIDENCE OF ANTHONY LEWIS KING-TURNER ON BEHALF OF DIRECTION MATIATIA INCORPORATED AND OTHERS 26 July 2014 Cou...

10. Whooley - Ngaiotonga 1B1 and 2B1 and Lots 1-2, and 3 DP383105 (2015) 99 Taitokerau MB 138 (99 TTK 138) [pdf, 157 KB]

    ...draft orders for execution. The Registrar is to liase with Mr McCombe in relation to the depositing of the plans, issue of new titles and registration of the covenant. I grant leave to both counsel to seek further directions or amendment to the form of the above orders if required. Mr Shanahan’s costs are to be met out of the Special Aid Fund. [23] Finally, I thank counsel for their attendances. Pronounced in open Court in Whangarei at 12.07 pm on Thursday this 26 th day...