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BEFORE THE ENVIRONMENT COURT AT CHRISTCHURCH I MUA I TE KOTI TAIAO O AOTEAROA Kl OTAUTAHI IN THE MATTER AND BETWEEN AND AND BETWEEN AND Decision No. [2020] NZEnvC 170 of the Resource Management Act 1991 of an application for an enforcement order under section 316 of the Act MICHAEL & EMILY SMITH (ENV-2018-CHC-191) Applicants KARL & GINA YOUNG First Respondents an appeal under section 120 of the Act MICHAEL & EMILY SMITH (ENV-2018-CHC-197) A
...is unique. The scale and cost of a mandatory notification process, for example, is influenced by the nature of the issue, the risk of harm that is posed, and the number of people affected. The analysis in this RIA is therefore qualitative. The key judgements (and assumptions) we have made about the impacts on agencies and individuals are included in relevant sections in the RIA. Evidence of the need for changes to the Bill has come from submissions. In developing options, the Min...
...the plan given Ms Gepp's interpretal/on of the avoidance pol/oy. Tl1Is would mean Ihat Ihe effeols could be no more than minor. Clearly, Ihls does not, in Itself, mean that effects would be avoided; (iv) such a conclusIon would requIre a Judgement again of the levels of affects, end a proportionate response to all elemenls of file application to properly aonslder 8 non-complying aonsent. Whal ooncems Ihe Courl, parlloulariy, Is Ihal suoh a non-oomplylng evaluation may Ihon...
...jurisdiction are inapt. There notions of "extreme hardship" are engaged. [163] Plainly the s 95(2) requirement of desirability is significantly lower. On this issue, Fogarty J in ANG v A Professional Conduct Committee said: "As this judgment will endeavour to demonstrate, there has not been consistent interpretation and application of s 95. Second, in this judgment under appeal and other judgments, the policy disposition of the Tribunal has been consistent with the polic...
...Plan: Coastal 70. In paragraphs 628 – 738 of my Report I provided an assessment of the Proposal against the relevant objectives and policies of the ARP:C. 71. Many of the objectives and policies that are relevant to the Proposal require judgments around appropriate and efficient use and development in the Coastal Marina Area (CMA). In my view whether or not the Proposal constitutes “appropriate” development in the CMA will be guided by positive
...ARTHUR (HATA) KAIPARA Plaintiff AND CARTER HOLT HARVEY LIMITED Defendant Hearing: 20-22 February 2012 (Heard at Rotorua) Appearances: Stan Austin, advocate for plaintiff Daniel Erickson and Mere King, counsel for defendant Judgment: 5 March 2012 JUDGMENT OF CHIEF JUDGE GL COLGAN [1] The issues in this challenge from a determination 1 of the Employment Relations Authority are whether Arthur (Hata) Kaipara was disadvantaged unjustifiably in, and/or dism...
...Applicant AND AARON BRUCE ANDERSON BAMBER Respondent Hearing: 8 May 2019, 212 Waiariki MB 88-100 (Heard at Rotorua) Appearances: H Te Nahu for A Bamber J Temm for S Monschau and H Te Nagru as Majority Trustees Judgment: 3 September 2019 JUDGMENT OF JUDGE C T COXHEAD Copies to: H Te Nahu, Te Nahu Legal Ltd, P O Box 4104, Rotorua hemi@tenahulegal.co.nz J Temm, Phoenix Chambers, P O Box 1124, Rotorua 3043 M Copeland, Mark Cop...
...LIMITED T/A ALLIED SECURITY Plaintiff AND MICHAELA CRADOCK Defendant Hearing: 11 September 2019 (heard at Wellington) Appearances: A Hall and J Avery, counsel for plaintiff S Meikle, counsel for defendant Judgment: 11 November 2019 JUDGMENT OF JUDGE B A CORKILL Introduction [1] Michaela Cradock and Allied Investments Ltd t/a Allied Security (Allied) were parties to an individual employment agreement (IEA) containing a 90-...
...basis that the general and vague allegations which Mr AA now makes are not relevant to the issues raised by his statements of claim”. [122] The Court made orders that Mr AA was to pay costs as a result of orders made in two of the interlocutory judgements. [123] Mr AA refused to pay the costs. [124] The Court subsequently issued a compliance order. [125] In what to date appears to have been the last determination of the Employment Court in the proceedings, in a decision delivere...
Table of Contents Introduction......................................................................................................................... 7 Research Themes and Issues........................................................................................... 8 Other research projects ..................................................................................................... 10 Other scoping inquiries .................................................................