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  1. LCRO 68/2023 QB v VN (5 September 2024) [pdf, 190 KB]

    ...improper purpose; and 5 (b) the “improper purpose” test entails both a subjective and objective analysis; and (c) reference to a possible referral to WorkSafe NZ was not made to procure an unrelated strategic advantage, rather he was informing the company of a legal and “natural” consequence that would follow in the event that settlement was unable to be reached; and (d) the company had never disputed that it had breached the Health and Safety Act 2015. [28] The Standar...

  2. 2021-03-23 Transcript (up to Mr McIndoe on day 10) [pdf, 3.4 MB]

    BEFORE THE ENVIRONMENT COURT AT CHRISTCHURCH ENV-2020-CHC-127 IN THE MATTER OF the Resource Management Act 1991 AND Of a notice of motion under section 149T(2) to decide proposed Plan Change 7 to the Regional Plan: Water for Otago (referred to the Environment Court by the Minister for the Environment under section 142(2)(b) of the Act) OTAGO REGIONAL COUNCIL Applicant Hearing Commenced: 08 March 2021 held in Dunedin Court: Environment Judg

  3. [2016] NZEnvC 051 Craddock Farms Limited v Auckland Council [pdf, 2 MB]

    BEFORE THE ENVIRONMENT COURT Court: Decision [2016] NZEnvC C->5\ ENV-2015-AKL- 000039 IN THE MATTER of an appeal under s120 of the Resource Management Act 1991 BETWEEN CRADDOCK FARMS LIMITED Appellant AND THE AUCKLAND COUNCIL Respondent Environment Judge C J Thompson Environment Commissioner K A Edmonds Deputy Environment Commissioner D A Kernohan Hearing: at Auckland 26,27, 30 November, 1,3 December 2015 Site inspections 2 December 2015 Final submissions 9 February 201

  4. McKinney v Cassidy [pdf, 259 KB]

    ...Mr Mark Miller, a building inspector and consultant, called by the Council; • Mr Greg Cassidy, the first respondent. 1.7 A brief of evidence was filed by Mr Clint Smith, a building consultant called by the Council. Whilst Mr Smith did not formally give his evidence on oath (due to an oversight of mine) he participated in the experts’ conferences and made useful comments on quantum with the consent of all parties present. 1.8 In the morning on the first day of the hearing...

  5. Ngati Pahauwera Affidavit on behalf of Trustees [pdf, 3.1 MB]

    ...from members of Ngati Pahauwera in support of this application. As explained further below in the "BACKGROUND TO THIS APPLICATION” section, there is a great dealing of existing evidence from the Maori Land Court, Waitangi Tribunal and the former Planning Tribunal which is relevant to the application. We were therefore selective about the potential witnesses we asked Bonny to approach. We were also mindful that Ngati Pahauwera had been asked over many years to provide eviden...

  6. [2022] NZEnvC 169 NZ King Salmon v Marlborough District Council [pdf, 624 KB]

    ...NZSC 41; Sustain Our Sounds Inc v New Zealand King Salmon Company Ltd [2014] NZSC 40. 6 MDC submissions at [4], referring to Johnson affidavit affirmed 29 October 2021, Exhibit A, Document 3, Board of Inquiry’s decision New Zealand King Salmon Requests for Plan Changes and Applications for Resource Consents, 22 February 2013, at [54]. https://www.epa.govt.nz/assets/FileAPI/proposal/NSP000002/Boards-decision/58f6cea1ec/King-Salmon-Final-Decision-Volume-1.pdf https://www.epa.govt.nz/as...

  7. Covid-Priority.docx [docx, 6.5 MB]

    ...Tē tūngia te kawarū rā Ko te hau tonga Ka maranga mai rā Tihē mauri ora! 2 2 Preface This is a pre-publication version of Haumaru: The covid-19 Priority Report. As such, all parties should expect that, in the published version, headings and formatting may be adjusted, typographical errors rectified, and footnotes checked and corrected where necessary. Maps, photographs, and additional illustrative material may be inserted. The Tribunal reserves the right to amend the text of these part...

  8. Justice Sector forecast 2011 to 2021 update quarter ending March 2012 [pdf, 1.2 MB]

    ...the year to date. JUSTICE SECTOR FORECAST Forecast Update Page 28 5.7 Proportion of sentence served Analysis The total proportion of sentence served had been increasing for several years but since 2008 it had reached a plateau, which formed the basis for the assumption. It has remained above the forecast level for some months now, which may suggest a new trend. Data notes Proportion of sentence served measures the average proportion of the sentence imposed that is...

  9. [2006] NZEmpC AC 65/06 McAlister v Air New Zealand Ltd [pdf, 139 KB]

    ...McAlister’s case on an individual basis. Air New Zealand treated Mr McAlister’s flight instructor role as merely incidental if not irrelevant. The removal of his flight instructor duties and reduction in rank was detrimental treatment and forms the basis of the claim for disadvantage and discrimination. [68] In Smith v Air New Zealand Ltd2 the Employment Court materially found that s 2 of the same employment agreement means that captains on B747 aircraft are employe...