Search Results

1. [2024] NZEmpC 91 (Judgment (No 6) of Judge M S King 28 May 2024) [pdf, 323 KB]

   ...the parties were given an opportunity to be heard on this new development. [4] In summary, Ms Anderson, counsel for FRD raised concerns with STU’s evidence, pleadings, submissions and the weighting the Court has placed on them. Ms Anderson requested that the Court takes this into account when considering next steps. Mr Crossland, on behalf of STU, in summary submits that the error in evidence was genuine and that the other evidence before the Court is sufficient to establish t...

2. [2022] NZACC 106 - Easthope v ACC (2 June 2022) [pdf, 186 KB]

   ...____________________________________________________________________ [1] This appeal was brought by the appellant against a decision by the respondent dated 3 August 2020 in which it declined funding for a neck brace. [2] On 19 May 2021, the Corporation revoked its decision and approved funding for the requested neck brace. [3] The Corporation’s position therefore is that the appeal is now moot and there are no substantive issues to be determined. ACR 13/12 [4] The appel...

3. [2022] NZEnvC 102 Hall v Dunedin City Council [pdf, 685 KB]

   ...proposed for the court’s endorsement fall within the court’s jurisdiction and conform to the relevant requirements and objectives of the Act including, in particular, Part 2. Outcome [9] All parties to the proceeding have executed the memorandum requesting the orders. On the information provided to the court, I am satisfied that the orders will promote the purpose of the Act so I will make the orders sought. ______________________________ P A Steven Environment Jud...

4. Turuki! Turuki! Moving Together [pdf, 2.9 MB]

   ...recommendations will make all New Zealanders safer, and the justice system more effective. We are not the first to call for fundamental change. In recent decades many other reports have called for transformation and have been largely ignored or dismissed. Reforms to criminal justice have been ad hoc, with minor improvements made to a system that is inherently broken. More often, the direction of reform has been towards longer sentences and punitive approaches that satisfy retributive ins...

5. Making Aotearoa Safer and more Inclusive Summary of engagement [pdf, 1.4 MB]

   ...operating for more than 20 years. This community is constantly engaged with, and therefore some are sceptical and pessimistic of any value of their engagement being utilised to make meaningful change. Takatāpui took leadership from the outset; firstly, requesting their own hui, rather than being included with Māori and/or rainbow communities’ hui. This was their recommendation, as they are in a “double bind”, being tangata whenua and LGBTQIA+. Takatāpui led and ran the h...

6. Delamere-Amoamo - Estate of Tairongo Te Wiremu Amoamo (2016) 139 Waiariki MB 176 (139 WAR 176) [pdf, 212 KB]

   ...intention notwithstanding the actual testamentary provisions [10] If possible the will must be construed in order to avoid an intestacy. 5 In Re Harrison Lord Esher MR expressed the rule thus: 6 …when a testator has executed a will in solemn form you must assume that he did not intend to die intestate when he has gone through the form of making a will. You ought, if possible, to read the will so as to lead to a testacy, not an intestacy. This is the golden rule.” [11] Chief...

7. McGarvey - Lot 23 Deposited Plan South Auckland 1846 (2022) 279 Waiariki MB 75 (279 WAR 75) [pdf, 233 KB]

   ...share. The applicant submitted that if her and her whānau are to expend the costs of demolishing and replacing the house, they need security of tenure. After discussions with counsel and other whānau members, they say the best approach is to form an ahu whenua trust, with Frances Raimona as the named beneficiary, and ask the Court to grant an occupation order over the house and property in favour of the applicant with the ability of it to be succeeded to. The applicant contends...

8. [2015] NZEmpC 224 Rothesay Bay Physiotherapy (2000) Ltd v Pryce-Jones [pdf, 143 KB]

   ...incorporated under the Companies Act 1955 on 19 October 1988. RBPL 2000 was incorporated on 17 March 2000. Prior to 1 April 2000 the physiotherapy practice operated through RBPL, trading under the name Rothesay Bay Physiotherapy. RBPL 2000 was formed as a separate trading entity to operate the physiotherapy practice. Following the incorporation of RBPL 2000, RBPL became an investment company holding ownership of a commercial building in Rothesay Bay. The RBP practice operated fr...

9. Ngā Rūnanga - EiC – S McIntyre - Planning (5 Feb 2021) [PDF, 902 KB]

   ...within my area of expertise except 1 When referring to the submitters generally in my evidence, I have used the form Kāi Tahu, which is most commonly used by mana whenua in Otago. Page 5 34629740_2.docx where I state that I am relying on information provided by another party. I have not knowingly omitted to consider material facts known...

10. Tom De Pelsemaeker - Evidence in Reply (25 June 2021) [pdf, 1.7 MB]

    ...ALTERNATIVE APPROACHES (b) Providing for longer term consents as a discretionary activity. (c) Phasing of consent expiry dates (by catchment, sub-catchment or FMU). PROVIDING FOR SPECIFIC ACTIVITIES (d) Damming of water (e) Hydro-electricity generation (f) Municipal water supplies (g) Restriction on irrigation expansion / stranded assets (h) Calculating historical use under the Controlled Activity Rule and Schedule 10A.4 (i) Determining historical use using other data or...