Search Results

1. Minute of the Environment Court (dated 17 March 2017) [pdf, 1.2 MB]

   BEFORE THE ENVIRONMENT COURT IN THE MATTER AND BETWEEN AND of the Resource Management Act 1991 of an appeal under section 120 of the Act BLUESKIN ENERGY LIMITED (ENV-2016-CHC-047) Appellant DUNEDIN CITY COUNCIL Respondent MINUTE OF THE ENVIRONMENT COURT (17 March 2017) I ntrod uction [1] The purpose of this Minute is to address the directions given at the pre-hearing conference on 10 March 2017. Scope [2] Given that no party has challenged the amendment made b

2. [2024] NZEnvC 226 Pirirakau Tribal Authority Incorporated v Heritage New Zealand Pouhere Taonga [pdf, 323 KB]

   ...the multivariate nature of the assessment required under the relevant provisions of the HNZTPA. There is unlikely to be a standard answer available in the face of the range of circumstances in cases such as this and the need, in the interests of justice, to assess those circumstances in terms of all the relevant matters which the HNZTPA requires to be considered. (iii) The extent to which protection of the archaeological site prevents or restricts the existing or reasonable future...

3. Shepherd & Ors as Trustees of the Bell Shepherd Family Trust v Lay [pdf, 288 KB]

   CLAIM NO: 00939 UNDER The Weathertight Homes Resolution Services Act 2002 IN THE MATTER of an adjudication BETWEEN MICHAEL DAVID SHEPHERD, FIONNA MOANA ANNE BELL and TODD WILLIAM HUNTER as Trustees of the Bell Shepherd Family Trust Claimants AND No First or Second Respondents AND STEPHEN BRIAN LAY Third Respondent AND JESSOP TOWNSEND LIMITED Fourth Respondent AND AUCKLAND CITY COUNCIL Fifth Respondent AND ARCHITECTURAL WATERPROOFING LIMITED (

4. [2008] NZEmpC WC 11/08 McCain Foods (NZ) Ltd v Service and Food Workers Union [pdf, 86 KB]

   ...union, its governing bodies composed of elected members, usually delegates. Delegates and other “activists” play an important role in the union’s affairs and, in practice, not only at their own work sites. Delegates represent the union in matters involving other than their own employers. This is reflected in a number of collective agreements that the union has entered into with employers, including Heinz Wattie’s, although not McCain. So, in the case of the delegates at...

5. Leef v Leef - Panguru A47B (2015) 113 Taitokerau MB 11 (113 TTK 11) [pdf, 250 KB]

   ...the whānau trust in 2006 to have stipulated a similar condition that the whānau trust build within three years, failing which the order would be cancelled. Given that nine years have passed without any building on the site, the interests of justice and of the owners may not favour the whānau trust retaining that site. [61] Second, as Richard is not an owner in the land in his own name but relies on the whānau trust’s ownership in the land, Richard’s occupation order should...

6. Naera v Fenwick - Whakapoungakau 24 Block (2011) 34 Waiariki MB 151 (34 WAR 151) [pdf, 193 KB]

   ...project agreement; failing to hold a general meeting of beneficial owners to discuss trustee replacements and variations to the trust order as well as providing the owners with opportunity to consider and respond to the project agreement and related matters; and failing generally to adhere to trustees’ duties. [7] The Respondents deny the claims. They say they are acting consistent with the terms of the 10 September 2010 judgment, which they note is under appeal in part in any case...

7. [2011] NZCA 14 CA405/2010 Idea Services Ltd v Dickson [pdf, 161 KB]

   ...prescribed under the Minimum Wage Act 1983 in respect of every hour he was rostered on a sleepover. The Employment Relations Authority upheld his claim. 1 Idea Services filed a challenge in the Employment Court, seeking a de novo hearing of the matter. A Full Court, comprising Chief Judge Colgan and Judges Travis and Couch, heard the case. They agreed with the Authority that these sleepovers constitute ―work‖ for the purposes of the 1983 Act with the consequence that the min...

8. [2019] NZEnvC 030 Zindia Limited v Marlborough District Council [pdf, 5.7 MB]

   ...This updating of the pMEP was in order to bring its regime into proper alignment with the Resource Management (National Environmental Standards for Plantation Forestry) Regulations 2017 (,NPS­ PF'). [2019) NZEnvC 23. 3 Other preliminary matters [5] For the reasons we traverse, we find it unnecessary to determine various subsidiary points covered in Zindia's submissions. Those include whether r 4.5.4 was in legal effect at the relevant time or· is superseded and render...

9. ASC - 2014 annual report [pdf, 1.6 MB]

   ...detail of our activity during the 1 July 2013 to 30 June 2014 reporting year. WORK OF THE COMMITTEE We place great importance on facilitating open dialogue with and obtaining feedback from abortion service providers in order to address any matters pivotal to improving the access to and timely provision of services. We note the continued improvement in the timeliness of first trimester abortions, which is further addressed below under the heading ‘Access to Services’....

10. Klee v CAC 10064 & Little [2012] NZREADT 40 [pdf, 54 KB]

    ...instructions and breaching Bayleys’ franchise protocols, they endeavoured to make amends in a generous and sensible way. No loss has arisen out of this situation at a time when the market was difficult for vendors. [39] In terms of the overall justice of this particular situation, we do not think that the conduct of the licensee second respondent is particularly concerning. However, on a 10 wider note, we are concerned that franchisees can, in good faith, be in breach of...