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  1. [2017] NZEnvC 150 Blueskin Energy Ltd v Dunedin City Council [pdf, 11 MB]

    ...matters in Part 2, held the reasoning in King Salmon applied also to s 104(1). Cull J makes three key findings: 20 (a) section 5 should not be treated as the primary operative decision making provision; (b) the application of the "overall judgment approach" to decision making on resource consent applications is rejected; and (c) the relevant provisions of the planning documents give substance to the principles in Part 2. There may be resort to Part 2, however, where th...

  2. [2013] NZEmpC 40 B v Virgin Australia (NZ) Employment & Crewing Ltd [pdf, 356 KB]

    B V VIRGIN AUSTRALIA (NZ) EMPLOYMENT AND CREWING LIMITED, PREVIOUSLY KNOWN AS PACIFIC BLUE EMPLOYMENT AND CREWING LIMITED NZEmpC CHCH [2013] NZEmpC 40 [20 March 2013] IN THE EMPLOYMENT COURT CHRISTCHURCH [2013] NZEmpC 40 CRC 6/12 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN B Plaintiff AND VIRGIN AUSTRALIA (NZ) EMPLOYMENT AND CREWING LIMITED, PREVIOUSLY KNOWN AS PACIFIC BLUE EMPLOYMENT AND CREWING L

  3. [2024] NZEnvC 025 Shundi Queenstown Limited v Queenstown Lakes District Council [pdf, 2.6 MB]

    ...objectives and policies and to decline consent. [49] That particular feature of the proposal is addressed in the modified access arrangements and associated proposed conditions. Matters of functionality of the road network involve questions of judgement through the informed eyes of traffic engineers. We give significant weight to the fact that the modified arrangements were developed with the assistance of Messrs Hewett and Smith and have their full endorsement. Furthermore, in its...

  4. Offord v Patel [pdf, 90 KB]

    ...decision of Heath J in Body Corporate 188529 v North Shore City Council & Ors (Sunset Case) 30 April 2008, CIV 2004-404-3230. [51] In the Sunset Case, Heath J defined the duty of a territorial authority as follows: 18 [220] In my judgment, a territorial authority owes a duty of care to anyone who acquires a unit, the intended use of which has been disclosed as residential in the plans and specifications submitted with the building consent application or is known to...

  5. Carroll v Maihi-Carroll - Waipuka 2R Sec 3 (2012) 15 Takitimu MB 234 (15 TKT 234) [pdf, 174 KB]

    ...Hearing: 10 Tākitimu MB 252 dated 1 September 2011 11 Tākitimu MB 170 dated 6 October 2011 15 Tākitimu MB 38-56 dated 11 April 2012 (Heard at Hastings) Appearances: Rex Carroll, Applicant in person C Bennett for the Respondents Judgment: 24 April 2012 RESERVED JUDGMENT OF JUDGE LR HARVEY Solicitors: Langley Twigg Law, PO Box 446, Napier 4140 cara@langleytwigg.co.nz mailto:cara@langleytwigg.co.nz 15 Takitimu MB 235...

  6. Te Pairi v Whakatane District Council - Tahora 2AD2 and Omuriwaka (2011) 33 Waiariki MB 48 (33 WAR 48) [pdf, 89 KB]

    ...OPO 207) 5 May 2008 (102 OPO 130-143) 31 July 2008 (9 CONF 140-148) 2 June 2009 (109 OPO 233-236) 2 October 2009 (111 OPO 179-192) 8 July 2010 (14 WAR 136-154) (Heard at Opotiki) Counsel: Mr Koning (Counsel for the Respondent) Judgment: 13 June 2011 PRELIMINARY DETERMINATION OF DEPUTY CHIEF JUDGE CL FOX Introduction [1] This case concerns the maintenance and proposed formation of a road known as “Matahi Valley Road” located approximately 40 kilometres so...

  7. Canterbury Westland Standards Committee v Taffs [2013] NZLCDT 13 [pdf, 94 KB]

    ...appropriately punished, bearing in mind for a period he has had to abstain from practise.” [17] The Court of Appeal although clearly discouraging further disciplinary action certainly did not condone the behaviour. In delivering the Court’s judgment Cooke P. had this to say: “It would be dangerous to allow a lawyer, perhaps uncritically espousing his client’s case to threaten to use legal proceedings to publicly humiliate the adversary. To leave the lawyer free to utter such...

  8. CAC20004 v Li & Ors [2015] NZREADT 6 [pdf, 179 KB]

    ...[2014] NZHC 2817 where the High Court considered that the proper focus of s.50 of the Act, as had been recognised by us in Hutt City Ltd v Real Estate Agents Authority [2013] NZREADT 109, is on process. The Hutt City Ltd case involved a lapse of judgement by a salesperson who made an incorrect decision of handing over keys prior to settlement in the absence of the branch manager. 7 [29] Mr Rea noted that Mr Li’s lapse of judgement was his failure to follow Mr Swann’s requir...

  9. Eruera - Kōkōhinau Block (2018) 179 Waiariki MB 249 (179 WAR 249) [pdf, 266 KB]

    ...ERUERA Applicants Hearing: 18 December 2017, 178 Waiariki MB 132-137 (Heard at Whakatāne) Appearances: T Eruera and H Eruera in person Judgment: 12 February 2018 JUDGMENT OF JUDGE L R HARVEY Introduction [1] The Kōkōhinau Papakainga Trust along with Kōkōhinau Māori Reservation Trust and Pahipoto Māori Committee are currently working with Te Puni Kōkiri and the...