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1. [2024] NZEnvC 050 The Warehouse Limited v Auckland Transport [pdf, 16 MB]

   ...health and safety requirements and provision of reasonable notice, servants or agents of Council are permitted to have access to relevant parts of the construction site(s) at reasonable times for the purpose of carrying out inspections, surveys, investigations and/or to take samples. PRE-CONSTRUCTION CONDITIONS Mana Whenua Engagement 6. 5. At least 10 working days prior to the commencement of construction, the Requiring Authority must confirm and submit to Council a Mana Whenua E...

2. [2023] NZEnvC 064 New Zealand Transport Agency v Waikato Regional Council [pdf, 1.3 MB]

   ...SH1/29 intersection during Construction Works and following Completion of Construction; (b) Arrangements for farm vehicle access including milk tankers. (c) Oversize vehicle manoeuvring; and (d) Measures to prevent public use of slip roads and private property access as short cuts (i.e. during peak traffic). 11B. Following detailed design, and prior to the start of Construction Works, the Requiring Authority must submit to the Council for information an independent road safety au...

3. CAC20003 v Wright [2015] NZREADT 25 [pdf, 201 KB]

   ...They then signed a fourth property management agreement with Raewyn Breman of McDonald Real Estate Ltd. Ms Breman arranged for the defendant to sign an agreement for use of the garage. REAA’s document request [11] During the Authority’s investigation, the investigator (Mr G Gallacher whose evidence is covered below) made requests to the defendant for rental statements. In response to the allegation that he had ceased providing rental payment statements from September 2012 onwa...

4. Miscarriage of justice - Scott Watson - K McDonald's final report March 2011 [pdf, 2 MB]

   ...the early hours of 1 January 1998. In these circumstances I have concluded that even if this new information satisfies the test for fi'eshness (which I do not accept as L ... ",r:� had been interviewed about this precise matter by a private investigator hired by the Defence in February 1998 and at that time had stated he could not remember such a trip), the information lacks credibility and cogency. For this matter to be relied on now by Mr Watson would mean that the pos...

5. BORA Public Health Bill [pdf, 617 KB]

   ...is unable to care for themselves (clause 128). 88. These provisions appear to raise issues of consistency with: • the right to freedom of peaceful assembly, which includes the right to come together and participate in events, either public or private (section 16 of the Bill of Rights Act); • the right to freedom of association, which includes the freedom for an individual to meet with whoever the choose to (section 17 of the Bill of Rights Act); and • the right to freedom of mov...

6. [2018] NZEnvC 101 Kumeu Properties Limited v Auckland Council [pdf, 11 MB]

   ...had a strong preference for an appropriate pedestrian accessway between the childcare facility and the aged care facility. The issue then is from the childcare facility to the bus stop, and whether this should be installed now or await further investigation. The appellant suggests the following condition: 15. No sooner than one year from the commencement of the facility, the Council may require the applicant to undertake a survey of the demand by staff members and visitors for pedestr...

7. Firmin v The Committee of Management of Atihau Whanganui Incorporation - Atihau Whanganui Incorporation (2016) 352 Aotea MB 233 (352 AOT 233) [pdf, 329 KB]

   ...established by the vesting of land in a Māori Incorporation. [35] In addition, Mr Unsworth contends that the Court has no jurisdiction under s 68 of the Trustee Act 1956 in relation to a Māori incorporation. [36] Counsel submits that the Court’s investigative jurisdiction per s 280 of the Act has not been triggered. Further, he says there has been no special declaration of a shareholder or by shareholding owning more than ten per cent of shares to prompt such an investigation....

8. LCRO 272/2016 XK v JB (24 June 2019) [pdf, 346 KB]

   ...Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that purpose all the powers of a Standards Committee or an investigator and seek and receive evidence. These powers extend to “any review” … … the power of review is much broader t...

9. [2015] NZEmpC 57 Q v Commissioner of Police [pdf, 719 KB]

   ...documents ……………………………………………………………………………… [197] Legal principles II ………………………………………………………………………………. [208] Mikaera investigation and report …………………………………………………………….. [216] Disciplinary process conducted by Mr Kynaston …………………………………………. [237] Reliability...

10. [2015] NZEmpC 19 Atkinson v Phoenix Commercial Cleaners Limited [pdf, 261 KB]

    ...the existence of an employment relationship following the defendant’s challenge to jurisdiction. It concluded that the plaintiff had not persuaded it that she was more probably an employee than not. General background [4] The defendant is a private limited company owned and operated by Shayne Thomson. Mr Thomson has a long background in commercial cleaning, having previously been a franchisee of a major commercial cleaning brand. He established Phoenix to be a local Rotorua b...