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1. [2015] NZEnvC 191 Tram Lease v Auckland Transport and Auckland Council [pdf, 2.9 MB]

   BEFORE THE ENVIRONMENT COURT Decision No. [2015] NZEnvC lq \ IN THE MATTER of 6 appeals under Section 174 of the Resource Management Act 1991 (the Act) BETWEEN AND AND TRAM LEASE LIMITED (ENV -2014-AKL-000057) First Appellants SAMSON CORPORATION LIMITED AND STERLING NOMINEES LIMITED (ENV-2014-AKL-000055) Second Appellant MEDIA WORKS HOLDINGS LIMITED (ENV-2014-AKL-000058) Third Appellant STAMFORD PLAZA AUCKLAND (ENV-2014-AKL-000059) Fourth Appellant THE

2. E31 Second Planning JWS [pdf, 3 MB]

   1475 1476 Notes: 1. Changes that were shown in underline and strikethrough in the 18 July 2018 mediation version and that were not highlighted, highlighted green or otherwise agreed have been “accepted” in this version. 2. Changes made subsequent to mediation on 19-20 July shown in tracked change in this version. 3. Comments boxes are included to address matters still subject to discussion or not otherwise resolved. America’s Cup Wynyard Hobson Applicant’s Amended Prop

3. 2023-09-04-O2NL-Conditions-Mediation-Version-clean.pdf [pdf, 2.1 MB]

   ...putrescible, degradable or leachable components; b) hazardous substances; c) products or materials derived from hazardous waste treatment, hazardous waste stabilisation or hazardous waste disposal practices; d) materials that may present a risk to human health; e) liquid waste; and f) for the purpose of this Project, any archaeological material or from a wāhi tapu or site of cultural significance. Commercial activities For the purpose of Condition DNV1, commercial activities mean...

4. 29b.-Appendix-B-to-the-Evidence-Ms-McLeod-O2NL-Conditions-Evidence-Version-Clean.pdf [pdf, 1.5 MB]

   ...putrescible, degradable or leachable components; b) hazardous substances; c) products or materials derived from hazardous waste treatment, hazardous waste stabilisation or hazardous waste disposal practices; d) materials that may present a risk to human health; e) liquid waste; and f) for the purpose of this Project, any archaeological material or from a wāhi tapu or site of cultural significance. Commercial activities For the purpose of Condition DNV1, commercial activities...

5. [2024] NZEnvC 182 Beresford v Queenstown Lakes District Council [pdf, 1.6 MB]

   ...as reflected in its relevant objectives and policies, are as follows:20 … to provide a low density residential area that achieves a high quality of residential amenity through lot size and building controls and having regard to hazards and human safety, including fire risk from vegetation. Again, the LLRZ objectives and policies are focused on the visual and amenity effects of the development within the zone rather than from beyond it. Rural zone [34] On matters of landscape,...

6. [2007] NZEmpC CC 14/07 Kostic v Dodd and Milligan [pdf, 130 KB]

   ...question. [70] On this issue, I have regard not only to the quality and consistency of the evidence but also to the likelihood of what each party alleges to have happened. I find the account given by Mr Kostic to be much more in accord with human nature and inherently much more likely to be correct than the case relied on by the employer. There are numerous factors which lead me to this conclusion. Mr Kostic was a passionate salesman pursuing a sale. Given his commitment to th...

7. [2007] NZEmpC AC 39A/07 Toll NZ Consolidated Ltd v Rowe [pdf, 102 KB]

   ...dismissal. Of about 97 locomotive engineers involved in SPADs between 1 July 2004 and 21 October 2006 none was dismissed. Some had been involved in more than one. Toll recognises that SPADs are to be expected occasionally as they result from human error. So if a train had gone through a signal and stopped and the driver had reported it, it is unlikely the driver would have been dismissed. In this case, Toll decided that because the SPAD was combined with other aggravating featu...

8. [2012] NZEmpC 96 South Pacific Meats Ltd v Mohammed [pdf, 238 KB]

   ...upset by this revelation and told Mr Shanks that he would be returning on 3 August 2009 regardless. When questioned, Mr Shanks said that he could not recall such a conversation. [26] Mr Mohammed sought assistance from his friend and previous Human Resources Manager at another plant, Mr Small. Mr Mohammed and his son’s evidence is broadly consistent with what Mr Small had to say. His evidence was that he rang the company on 31 July 2009 and spoke to the receptionist, asking...

9. [2006] NZEmpC AC 50/06 Tu'itupou v Guardian Healthcare Operations Ltd [pdf, 134 KB]

   ...that these words or words similar to them were used. [14] The correspondence following the dismissal meeting is annexed to both Mrs Tu’itupou’s brief of evidence, now sworn as an affidavit, and the affidavit of Mr Walter Bruce Wall, National Human Resources Manager for the defendant. Mr Wall’s affidavit was sworn on the 2 August 2006. [15] On the 14 June 2002 Ms Schaaf wrote to Ms Jolly as follows: As indicated to you yesterday, Mrs Tupou Tu'itupou will be lodging a per...

10. [2014] NZEmpC 23 Greenslade v Jetstar Airways Ltd [pdf, 293 KB]

    ...sense the issues are associated because they both mandate an entitlement of employees to time away from immediate work concerns during a working period, although for different purposes. [41] Mr Harrison identified the rationale as being an issue of human dignity and this appears to be so from the sparse background information provided in support of the Bill which introduced what is now Part 6D. Also discernible are equally general references to qualities of work/life balance and, w...