Search Results

1. 2021-03-08 ORC - Opening Subs (Philip Maw) [pdf, 226 KB]

   ...(which came into force following the Council’s decision on proposed change 5 to the Hawke’s Bay Regional Resource Management Plan, but prior to the Environment Court hearing the appeal on 3 and 4 December 2014):16 [16] Since the Supreme Court judgement in EDS v NZ King Salmon Co Ltd [2014] NZRMA 195 there has been an increased awareness of the need to consider the hierarchy of planning documents, and the degree of control those documents have over the required or permissible...

2. [2021] NZACC 126 - Botha v ACC (4 August 2021) [pdf, 534 KB]

   ...BOTHA Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 15 June 2021 Heard at: Wellington/Whanganui-A-Tara Appearances: Ms B Peck for the appellant Mr S Bisley and Mr L Kibblewhite for the respondent Judgment: 4 August 2021 ____________________________________________________________________ RESERVED JUDGMENT OF JUDGE P A CUNNINGHAM [Treatment Injury s 26 Accident Compensation Act 2001] ___________________________________________...

3. Canterbury Earthquake CTV Building inquiry

   ...In the end, the correct decision was made. Time was of the essence. It was necessary to cornmence the delayering process at that early stage and to make use of the heavy machinery that was available. This decision was made based on the experience and judgment of these men who were risking their lives and the lives of others, to save lives. The delayering proceeded with care and caution. [50] Mr Warner's decision to start the delayering process was immediately vindicated. Mr Warner got everyone...

   Located in:

   1. Coroners Court >
   2. Findings & recommendations >
   3. Findings of public interest

4. [2016] NZEnvC 248 Northcote Point Heritage Preservation Society Incorporated v Auckland Council [pdf, 5.9 MB]

   ...example, to West Coast Environmental Network Inc v Royal Forest and Bird Society of New Zealand Inc [2013] NZEnvC 253 at p. 79. 13 Ibid at paragraphs [43]-[45]. 13 [52] We hold that the approach taken in draft conditions 37 and 40 engage the judgment and skill of a Council officer acting as a certifier in relation to the approval of the Operational Plan, rather than as an arbiter. [53] As to the criticism through cross-examination of the witnesses Blakey and Mein, the "Dra...

5. [2022] NZEmpC 192 E Tū Inc v Rasier Operations BV [pdf, 483 KB]

   ...Court did not find that the drivers were employees, it may be noted that it had not been asked to determine that issue – rather the applicant drivers had sought a declaration of “worker” status.30 Similarly, I have considered a number of judgments from other jurisdictions, helpfully drawn to my attention by counsel.31 Following the hearing, the Federal Supreme Court of Switzerland released two further relevant judgments, which the parties were provided with an opportunity t...

6. Evaluation of programmes for Māori adult protected tersons under the Domestic Violence Act 1995 [pdf, 4.3 MB]

   Evaluation of Programmes for Mäori Adult Protected Persons under the Domestic Violence Act 1995 Fiona Cram Leonie Pihama Kuni Jenkins Matewiki Karehana of The International Research Institute for Mäori and Indigenous Education The University of Auckland June 2002 ii First published in June 2002 by the Ministry of Justice PO Box 180 Wellington New Zealand © Crown Copyright ISBN 478-20161-3 iii Foreword The Domestic Violence Act 1995 provides programmes for people whose liv

7. Sanders v King - Part Parish of Whangape Lot 15B Block and Parish of Whangape Lot 15C (Urupa) (2014) 81 Waikato Maniapoto MB 109 (81 WMN 109) [pdf, 216 KB]

   ...Waikato Maniapoto MB 176-183) 14 April 2014 (75 Waikato Maniapoto MB 71-73) (Teleconference) (Heard at Hamilton) Appearances: Mr B O'Callahan and Miss A Poole, counsel for the applicant Mr K Littlejohn, counsel for respondents Judgment: 11 July 2014 RESERVED JUDGMENT OF JUDGE S R CLARK Copies to: Carter Kirkland Morrison Limited, Lawyers, P O Box 2137, Shortland Street, Auckland 1140, brent@carterkirklandmorrison.com K R M Littlejohn, Barris...

8. Paraire v Paraire – Part Mangatawa 10 (2015) 105 Waikato Maniapoto MB 67 (105 WMN 67) [pdf, 213 KB]

   ...Maniapoto MB 287-292) 16 February 2015 (94 Waikato Maniapoto MB 150-157) 7 May 2015 (98 Waikato Maniapoto MB 154-162) 3 July 2015 (101 Waikato Maniapoto MB 68-100) (Heard at Tauranga) Appearances: Mr J Gear, Counsel for the applicants Judgment: 31 August 2015 RESERVED JUDGMENT OF JUDGE S R CLARK Copies to: Mr J Gear, Koning Webster, Lawyers, P O Box 11120, Papamoa 3151, joshua@kwlaw.co.nz mailto:joshua@kwlaw.co.nz...

9. Tank Trust v Auckland Council & Anor [2013] NZWHT Auckland 15 [pdf, 237 KB]

   ...inspections and issuing the CCC and therefore is liable for the full amount of their claim. The claimants make no claim against Mr Wang however the Council claims that Mr Wang is liable to it for contribution to the extent of an indemnity towards any judgment against the Council. Mr Wang was a director of Asian Building Services Limited (now struck off), the company that carried out the building work. Mr Wang described himself as the project manager and builder and said that he w...

10. Overview Trustee Ltd as trustee of the Carrigafoyle Trust v Cook & Anor as trustees of the CC Trust [2011] NZWHT Auckland 35 [pdf, 309 KB]

    ...allegations that were without substantial merit I consider that the respondents are entitled to costs. THE COSTS [83] The parties have each claimed the full costs of the proceedings from the time of the Calderbank letter. [84] France J in his judgment said in relation to a Calderbank Offer:- Page | 21 [63] In my view the adjudicator was entitled to take account of the letter. Its exact nature and terms are less significant that its general effect, which is to...