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1. BORA - Sale and Supply of Alcohol (Rugby World Cup 2019 Extended Trading Hours) Amendment Bill [pdf, 1 MB]

   ...(b) do not affect closure under section 265 or 266 of the premises, or the operation of subpart 9 of Part 2 (Other enforcement provisions) in respect of the premises. (5) A person's use of land must be treated as not contravening section 9 of the Resource Management Act 1991 if- (a) it complies with section 45D and the rest of this section; and (b) it would comply with section 9 of the Resource Management Act 1991 if it occurred only during permitted trading hours. 45F Display of infor...

2. Mabruk v The Real Estate Agents Authority (CAC 409) and Watson (not participating in appeal) [2018] NZREADT 74 [pdf, 215 KB]

   ...be counted as an aggravating circumstance.9 [21] The Committee also considered the position of Mr Lindsay (branch manager) and Mr Dickason (salesperson). It referred to the Agency’s statement (provided in a statement by the Agency’s Human Resources manager) that Mr Mabruk was supervised by both Mr Lindsay and Mr Dickason. [22] With respect to Mr Lindsay, the Committee noted the Agency’s statement that Mr Mabruk was supervised by both Mr Dickason and Mr Lindsay. After referri...

3. Decision Document - Mental Health Rosters [pdf, 448 KB]

   ...implement a confirmation process for providers on current rosters and Auckland providers currently on the roster waitlist. • LAS practice standards will be updated to incorporate relevant aspects of the ADLS guidelines. • Training and induction resources are currently being investigated further. 4 Authority and responsibility Following a discussion with the Director of Mental Health of the Ministry of Health, it has been determined that authority and responsibility...

4. [2018] NZEnvC 232 Tasman District Council [pdf, 3.4 MB]

   ...McCallum Road to the southern end of the 20 metre corridor. The District Plan [18] Clause 6 of the Tenth Schedule requires the Court to consider the district plan when deciding if road should be stopped. The relevant district plan is the Tasman Resource Management Plan (the "TRMP"). Ms J Hilson, a planner engaged by the Council, set out the relevant chapters of the plan in her affidavit. She notes that while the TRMP does not give specific direction on road stoppings, so...

5. [2022] NZACC 103 - Renton v ACC (31 May 2022) [pdf, 259 KB]

   ...construed or interpreted and applied to the facts is a question of law … . [25] Even if the qualifying criteria are made out, the Court has an extensive discretion in the grant or refusal of leave so as to ensure proper use of scarce judicial resources. Leave is not to be granted as a matter of course. One factor in the grant of leave is the wider importance of any contended point of law … . Submissions for Mr Renton [30] Counsel for Mr Renton submits that Judge McGuire erred...

6. [2022] NZACC 177 — Calzadilla v ACC (19 September 2022) [pdf, 255 KB]

   ...construed or interpreted and applied to the facts is a question of law … . [25] Even if the qualifying criteria are made out, the Court has an extensive discretion in the grant or refusal of leave so as to ensure proper use of scarce judicial resources. Leave is not to be granted as a matter of course. One factor in the grant of leave is the wider importance of any contended point of law … . [40] Section 3 of the Act provides that: The purpose of this Act is to enhance the pu...

7. Frankpitt v Accident Compensation Corporation (Leave to appeal) [2022] NZACC 200 [pdf, 218 KB]

   ...construed or interpreted and applied to the facts is a question of law … . [25] Even if the qualifying criteria are made out, the Court has an extensive discretion in the grant or refusal of leave so as to ensure proper use of scarce judicial resources. Leave is not to be granted as a matter of course. One factor in the grant of leave is the wider importance of any contended point of law … . The Court’s judgment of 24 May 2022 [35] Judge McGuire rejected the submission that...

8. H Ltd v MN & KN [2023] NZDT 656 (8 November 2023) [pdf, 309 KB]

   ...Contract Milking Agreement with MN and KN is terminated effective upon receipt of this letter for the following reasons: Failure to provide water to livestock Failure to milk all cows as agreed Effluent management that breaches the farm resource consent Farm walks not completed as agreed by 7 April 2023 46. As noted above, the Agreement allows a party to terminate if: a. The other party is in breach of “any of its obligations under this Agreement” and either: i....

9. Brunton v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 217 [pdf, 212 KB]

   ...[25] Even if the qualifying criteria are made out, the Court has an extensive discretion in the grant or refusal of leave so as to ensure proper use of scarce 2 O’Neill v Accident Compensation Corporation [2008] NZACC 250. 10 judicial resources. Leave is not to be granted as a matter of course. One factor in the grant of leave is the wider importance of any contended point of law … . [23] In Gilmore,3 Dunningham J stated: [55] I accept that, for the purposes of leave, i...

10. [2023] NZEnvC 278 Hanan and Banco Trustees v Queenstown Lakes District Council [pdf, 1.1 MB]

    HANAN & BANCO v QLDC – TOPIC 31 – McDONNELL ROAD – FINAL DECISION IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2023] NZEnvC 278 IN THE MATTER of the Resource Management Act 1991 AND appeals under clause 14 of the First Schedule of the Act BETWEEN E HANAN (ENV-2019-CHC-16) AND BANCO TRUSTEES, McCULLOCH TRUSTEES 2004 LIMITED AND OTHERS Appellants AND QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Envi...