Search Results

1. [2020] NZEnvC 212 Dunedin City Council v Ross [pdf, 15 MB]

   ...c. For the purposes of this standard: i. The area to be cleared will be measured from stems at ground level; and ii. The time period will be measured as the total clearance over any three calendar years. d. Activities that contravene this performance standard are restricted discretionary activities. [9] The respondent opposed the making of enforcement orders other than the one to cease clearance works, on the following grounds: a) The vegetation clearance was permitted by Rule 10.

2. [2024] NZEnvC 076 McDonnell v Auckland Council [pdf, 316 KB]

   ...planning witness, Mr Allen, said that in addition to the location of infrastructure service connections, the Standard requires Council to consider the functionality and operation of the service connections. He said that the Council will sometimes request information as to whether the services are ‘fit for purpose’ to ensure that the existing servicing infrastructure is operating in a manner that is avoiding the creation of adverse effects on the environment. [29] Later in que...

3. LCRO 103/2020 ZA - Application for review of a prosecutorial decision (24 August 2020) [pdf, 212 KB]

   ...Tribunal was an abuse of process as the Committee had made a final ruling on the matter that embraced the subject matter of the referral,1 and having determined to take no further action in respect of the complaint of which the WhatsApp message formed a part, it would be an abuse of process to relitigate the matter. (b) The Committee had delayed its inquiry “far too long”. (c) The Committee was bound by the 8 January 2020 decision of Review Officer Robert Hesketh, which had...

4. Fong v Accident Compensation Corporation (Suspension of entitlements) [2025] NZACC 004 (13 January 2025) [pdf, 239 KB]

   ...Corporation seek confirmation from Mr Schweder that Mr Fong’s personal injuries are no longer the cause of his incapacity and more likely than not due to multilevel spondylosis that predated his accident on 6 May 2021. [39] The Corporation then requested an opinion from Mr Schweder which was difficult to obtain due to the pressures on his practice at the time. While Mr Schweder convened a telehealth consultation with Mr Fong and discussed treatment options, he did not provide a...

5. KQ v FH [2022] NZDT 185 (25 October 2022) [pdf, 98 KB]

   ...the time of making the contract for the supply of the service. 14. For reasons outlined above, I find that FH has breached his obligations under the CGA as he did not provide a bull that would provide the expected outcome. The bull did not perform at any level despite the staffs’ best efforts to get it operational. 15. I find that the failure was “substantial” as that term is defined in the CGA (s36). Failures are considered “substantial” where the services would not h...

6. BT v US [2023] NZDT 112 (11 May 2023) [pdf, 111 KB]

   ...set out in section 10 of the Disputes Tribunal Act 1988 and does not provide for such a claim to be heard by it. Referee: L Thompson CI0301_CIV_DCDT_Order Page 3 of 4 Date: 11 May 2023 Page 4 of 4 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a rehe...

7. Waitangi Tribunal - Initiation Consultation and Consent [pdf, 1.4 MB]

   ...1993. Repealing this Act is no small matter. The Act represents a historic and broadly- based consensus between Maori and the Crown as to how Maori land is to be owned, used, and governed, and how its retention is to be safeguarded for future generations. We use the word ‘historic’, for the passage of the Act in 1993 was the first time in New Zealand’s history that the Treaty partners had reached a broad, enduring consensus on these important matters. At issue is whenua Mao...

8. [2019] NZEmpC 73 Kazemi v Rightway Ltd [pdf, 446 KB]

   ...Kazemi’s employment. [9] They say that by joining the Programme, Ms Kazemi (directly or indirectly) gained a joint property right in the Client Register that could gain in value over time, and also allowed Ms Kazemi to receive rewards in the form of commission on recurring revenue received from clients who were in the Client Register. [10] They deny the other claims made against them. [11] On the key issue I find that the buy-in fee was a premium, contrary to s 12A of the Wa...

9. [2019] NZEmpC 59 Kazemi v Rightway Ltd [pdf, 446 KB]

   ...Kazemi’s employment. [9] They say that by joining the Programme, Ms Kazemi (directly or indirectly) gained a joint property right in the Client Register that could gain in value over time, and also allowed Ms Kazemi to receive rewards in the form of commission on recurring revenue received from clients who were in the Client Register. [10] They deny the other claims made against them. [11] On the key issue I find that the buy-in fee was a premium, contrary to s 12A of the Wa...

10. [2019] NZEnvC 167 Western Bay of Plenty District Council v Bay of Plenty Regional Council [pdf, 13 MB]

    ...Management Law Association as the Salmon Lecture for 2013. 7 [23] In the introductory section in relation to Maori Values, the HapO seek to insert an additional sentence in the Evidence column: Oral traditions, recorded histories, archaeological information and information gathered from residents confirm the long occupation of Matakana and Rangiwaea Islands. [24] The Councils support this insertion as being useful sources of information. We agree with the first part of the sente...