Search Results

1. [2021] NZEnvC 196 Gibbston Vines Limited v Queenstown Lakes District Council [pdf, 827 KB]

   ...subdivision or development considered at this stage. If GVL does not seek that concession, a final decision would issue declining the appeal in toto. [5] On 29 March 2021, GVL appealed the decision to decline consent to Lots 2-7. It followed this with a request to the court to continue progress towards a final decision, notwithstanding its appeal, particularly in regard to Lot 1. It explained:6 [6] 5 6 7 This is on the basis that the outcome of the High Court proceedings need...

2. [2021] NZEnvC 195 Canyon Vineyard Limited v Central Otago District Council [pdf, 913 KB]

   ...on its land. [3] We note that by its decision, the function centre was occupied by Canyon director Mr Johnston as a dwelling. The Council had granted consent to the creation of 12 lots with land use consent to create a residential building platform on seven of these lots. [4] The creation of two further lots (and the associated land use consents) for the same had been declined. The development proposed for one lot in particular (Lot 7) was found to be intrusive when viewed from Mr...

3. [2021] NZACC 169 – Soulsby v ACC (5 November 2021) [pdf, 166 KB]

   ...that financial year Mr Soulsby’s shareholder salary was $74,755. The previous year excepted, whether looking at the total sales or the shareholder salary basis, the 2018 year was significantly better than the 2015 and 2016 years. [46] ACC requested occupational medicine specialist David Ruttenberg, to assess the appellant’s incapacity. Ahead of the assessment on 31 January 2019, ACC had provided Dr Ruttenberg with evidence relating to the appellant going back to 2013. Dr...

4. 2021-06-15 D-G of Conservation - MOC - Submissions in response to Amicus Curiae memorandum [pdf, 335 KB]

   ...Permits - DOC-6689608 4 1971 provided for mining privileges to continue (enure) as if they had been authorised under the Water and Soil Conservation Act 1967 (WSCA 1967).9 10 As Dr Somerville states, the Resource Management Act 1991 (RMA) is a reforming statute rather than a consolidating statute.10 11 The starting point, as noted by Dr Somerville,11 is that mining privileges ceased to have effect from the commencement of the RMA: section 366(g). This is subject to the qualifica...

5. [2021] NZEmpC 170 Oasis Network Inc v Douds [pdf, 249 KB]

   ...incontrovertible: that it was unwise to accept a resignation tendered in the context of a terse discussion. It is not disputed in the statement of claim that Oasis had not in the face of a terse discussion agreed to retract Ms Douds’ resignation, when requested to do so. [43] Mr Bosch filed a notice of opposition to the application for strike out. [44] In it, he contested three matters. First, the conclusion that Ms Douds had understood she had been provided with an u...

6. [2022] NZACC 66 – Sankaran v ACC (27 April 2022) [pdf, 198 KB]

   ...On 24 July 2018, the Corporation wrote to Mr Sankaran Senior declining the claim for treatment injury and enclosing a Treatment Injury Report. [18] On 8 August 2018, Mr Motohiko Yasutomi, Transplant Surgeon, provided a specialist opinion at the request of the Corporation. The Corporation had sought answers to specific questions posed about the causal link between the “iliac blood vessel injury” suffered by Mr Sankaran and the kidney transplantation procedure. Mr Yasutomi noted...

7. Application to Change or Cancel an Order [pdf, 332 KB]

   ...Property Order Family Violence Act 2018 Section 108, 109, 120, 124, 132, 138 Family Violence Act 2018 Application to change or cancel an OrderV2 November 2021 In the Family Court at (Court location) FAM Advice If you need help to complete this form, consult a lawyer, check the Ministry of Justice website, call the Ministry of Justice call centre, or contact an office of the Family Court. Ministry of Justice website: http://www.justice.govt.nz Ministry of Justice call centre: 0800 26...

8. 2023-03-02-Decision-on-Adjournment-of-First-Phase-Inquest.pdf [pdf, 181 KB]

   ...viability of the May fixture”.6 Dr Bastani, who is counsel for some of the bullet-injured, does not expressly record his client’s instructions but states he is “not confident that all of the required work can be finalised by May 2023”,7 and requests an adjournment.8 [7] While those agencies which are Interested Parties expressed their willingness to proceed, most have also expressed some concern about the overall readiness of the Inquest. St John has indicated its willing...

9. Auckland Standards Committee 1 v Ms A [2023] NZLCDT 11 (27 April 2023) [pdf, 180 KB]

   ...association with labels suggesting gravity that will be misunderstood by many members of the public. [28] Although we like to think that reasonable members of the public would read our decisions fully (or read newspaper articles fully) before forming firm impressions, in this case, we accept the risk that lurid headlines linked to Ms A’s name may produce a grave misapprehension of the gravity and circumstances of her conduct. It could be ruinous of her career in a way that is out...

10. [2023] NZREADT 10 – Complaints Assessment Committee 2103 v Sharma (8 May 2023) [pdf, 218 KB]

    ...position of an order to pay 50 per cent of the Committee’s costs. Submissions of Mr Sharma [25] The facility manager at the rest home where Mr Sharma resides sent a brief note to the Tribunal on 9 January 2023. She records that Mr Sharma had requested her support during the hearing. The manager advises that he was admitted to the rest home in November 2019. It has a contract with Taikura Trust which fully funds his care.9 While he qualifies for superannuation and it had re...