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  1. [2018] NZEnvC 008 Adams v Auckland Council [pdf, 1.6 MB]

    ...guidance to both CounCil officers and parties as to the issues that were relevant. Both acknowledged that these matters would need to be applied in the round and in a holistic manner. [10] Mr Adams and Mr Dunlop both were concerned that the past performance of Council indicated an almost slavish adherence to assessment criteria as if they were checklist rules. From the Court's perspective, it has been faced with many appeals where this attitude has been displayed by Council wit...

  2. [2018] NZEnvC 243 Ohau Protection Society Incorporated v Waitaki District Council [pdf, 16 MB]

    ...presently covered in matagourilmingimingi, rosehip and rank pasture. Between the lakeward boundary of the Site and the foreshore is a strip of Crown land which is traversed by the Alps to Ocean ('A20') cycle trail. [3] The building platform for the dwelling is approximately mid-Site some 320m from, and well below, Lake Ohau Road . It has an elevation of some 45m above the mean lake level and the dwelling would enjoy spectacular views north across Lake Ohau, including to...

  3. [2009] NZEmpC AC 23A/09 NZ Airline Pilots Association Inc & Anor v Jetconnect Ltd & Ors [pdf, 34 KB]

    ...McIntosh [2004] 2 ERNZ 448. [7] The first and most fundamental question for decision is whether reg 39(2) of the Employment Court Regulations 2000 (“the Regulations”) precludes the plaintiffs from having any recourse to regs 40 to 52 which form the statutory basis for document disclosure in this Court. [8] Although the defendants have each provided informal disclosure of documents to the plaintiffs, they have resisted the plaintiffs’ demands for disclosure of relevant do...

  4. ENVC Hearing 6Oct14 WML rebuttal Mark Poynter [pdf, 1.2 MB]

    ...agreement between these expert witnesses on the methodologies used (Clause 13 of the JWS). 6. Mr Charles Waters representing Thomas Grieve and Kristen Lewis was of a different opinion and stated his view that: … a great deal more quantitative information is required before fully informed decisions regarding the potential environmental impacts of the proposed marina on Matiatia Bay can be reached…1 7. Mr Waters was overseas and not able to attend the second caucusing meeting...

  5. [2013] NZEmpC 219 Fox v Hereworth School Trust Board [pdf, 78 KB]

    ...the Authority’s determination, this date is 5 November 2009. 3 Further, if the Ministry has any documents relating to the 2 [1986] NZLR 257. 3 At [69]. plaintiff’s subsequent request to participate in mediation in Auckland, these must also be disclosed. [23] It is possible, as a result of her participation in the inquiry that led to the Buchanan Report, and as a result of other document disclosure processes, that...

  6. Vercoe v Barns - Parish of Matata 39A2A and 39A2B2B2A [2012] Māori Appellate Court MB 149 (2012 APPEAL 149) [pdf, 253 KB]

    ...award $250 costs in each case and those costs are payable jointly and severally by the trustee of the Alice Niao Savage Whanau Trust. Further evidence [11] The appellants sought to adduce further evidence at the appeal hearing. We heard the request despite the fact that no application had been filed and the evidence was in the form of an unsigned affidavit filed on 3 November 2011, five days prior to the hearing, and comprised – pages of material. [12] The appellants submitted...

  7. AP v ZK LCRO 66 / 2010 (16 February 2011) [pdf, 84 KB]

    ...Review application by Practitioner [22] The Practitioner also took the opportunity of seeking a reversal of the Standards Committee decision that he was guilty of unsatisfactory conduct, a finding that he considered to be wrong. The basis for the request was that he considered that the charging clauses in the wills of the Applicant‟s parents authorised the deduction of fees. [23] Although I did not receive a formal application from him, the review process opens an opportunity...

  8. 2021-05-26 JWS powerpoint presentation - key changes to PC7 [pdf, 353 KB]

    ...set to N = 1 + (2 x D) This represents 3 days of for the first year and 2 days for each additional year b) Once the typical maximum value is found all values above that point are adjusted down to the typical maximum value. This filtered data set forms the base data for the Monthly and Annual Volumes. mailto:watermetering@orc.govt.nz How Schedule 10A.4 works Monthly Volumes (10A.4.3) 1. The filtered Daily Volume data set is used. 2. The water used in each calendar month is summed. Th...

  9. Example Occupation Order. [docx, 43 KB]

    ...of Compliance Certificate has been issued, within the Construction Period. A Code of Compliance Certificate for any occupied building on the Site must be provided to the Court prior to the expiry of the Construction Period, and to the Landowner(s) if requested. (b) The Occupier shall obtain all required building and resource consents from the Council. These must be provided to the Landowner(s) if requested. (c) The Occupier shall ensure that, should any application for resource consent requi...

  10. Ritai - Parihaka Papakainga Trust (2021) 437 Aotea MB 64 (437 AOT 64) [pdf, 296 KB]

    ...marae, Ms Rangitaawa considered that the process was incorrect and that further discussions were overdue. [12] Ms Rangitaawa then referred to the chairman for Toroanui as Daymond Ritai who was not present at the hearing. Ultimately, Ms Rangitaawa requested that the process stop “until we have the matter sorted properly.” [13] Ms Rangitaawa then confirmed that she did not oppose the appointment of the nominees Pauline Tairawhiti-Kukutai, Colleen Tuuta and Emily Bailey, but w...