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1. [2007] NZEmpC AC 39/07 Toll NZ Consolidated Ltd v Rowe [pdf, 22 KB]

   ...all the more pressing in the present case given his financial hardship which he claims to have been caused by Toll. He refers to the imbalance to his financial situation and that of Toll, which is a large corporation with significant financial resources. He observes that Toll waited until the 28th day after the determination of the Authority to lodge its challenge and made no effort during that time to give effect to the orders of the Authority. He observes that if the stay is gran...

2. Pue – Te Ika a Maui, Te Ika a Ngahue (Te Waipounamu), Rakihura and Rekohu (2012) 295 Aotea MB 13 (295 AOT 13) [pdf, 101 KB]

   ...or not the Court has jurisdiction to consider the application. Submissions for the Applicant [6] Mr Pue provides a detailed and comprehensive submission that touches on a wide and diverse range of issues concerning indigenous claims to natural resources and the wider issue of Mäori sovereignty and self determination. [7] He also refers to a number of concepts relevant to Mäori custom including Mäori customary lore, traditions and history. Mention is made of the Declaration of...

3. Bulling v New Zealand Transport Agency (Referral back to Human Rights Commission) [2015] NZHRRT 44 [pdf, 42 KB]

   ...back to the Commission will not contribute constructively to resolving the complaint. [8] As to s 92(1)(b)(ii), proceedings before the Tribunal are plainly intended to be a last resort. Mediation is more efficient, informal and cost-effective. The resources of the Tribunal should not be drawn on unless it can be shown that attempts to resolve the complaint through mediation will be futile. It is to be remembered that the Tribunal sits as a panel of three. Care must be taken to avoid...

4. [2018] NZEnvC 022 Auckland Council v Auckland Council [pdf, 1.8 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2018] NZEnvC ~:( of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act AUCKLAND COUNCIL (ENV-2017 -AKL-190) Applicant/Appellant AUCKLAND COUNCIL Respondent Court: Environment Judge JA Smith Hearing : At Auckland, 22 February 2018 Appearances: JC Campbell for Auckland Council as Applicant/Appellant AF Buchanan for Auckland as Responden...

5. [2016] NZSSAA 111 (22 December 2016) [pdf, 88 KB]

   ...61G of the Act and Regulations made under s 132AB. Temporary Additional Support is paid as a last resort to help beneficiaries with their regular essential living costs which they are not able to meet from their chargeable income and from other resources. [11] There is provision for childcare costs to be considered as an allowable cost in certain circumstances but the Authority considers that the provision of Temporary Additional Support to Ms XXXX in the circumstances would be pro...

6. [2017] NZEmpC 142 Impulse Fishing v Smith [pdf, 157 KB]

   ...Rooney Earthmoving Ltd v McTague10 for the principles which guide such a decision. The overriding issue is the interests of justice. [13] It is in the interests of justice to grant a stay and, in so doing, to ensure the efficient use of Court resources and to provide the parties with an opportunity to attempt to contain their costs. Outcome [14] A stay is granted subject to the following conditions: (a) the parties are to expeditiously prosecute the investigation meeting in t...

7. MLC - 2012 February - Māori governance [pdf, 449 KB]

   ...decisions;  access to, and availability of, appropriate skills and capabilities. 1 Ministry of Agriculture and Forestry, Māori Agribusiness in ew ealand: A study of the Māori Freehold Land Resource, March 2011; and Te Puni Kokiri, Ko ngā Tūmanako o ngā Tāngata hai henua Māori – Owner Aspirations Regarding the Utilisation of Māori Land, April 2011. http://www.waikato.ac.nz/law/research/centre-for-maori-and-ind...

8. [2016] NZSSAA 037 (16 May 2016) [pdf, 22 KB]

   ...not there is an immediate need for an essential item or service. This includes: the effect on the beneficiary if the need is not met, when that effect is likely to have an impact, and the beneficiary’s ability to meet the need from his or her own resources. [14] Clause 4 of the Ministerial Direction provides that the amount of an advance should be the least amount required to meet the beneficiary’s particular immediate need. In addition, in no case is the amount of an advance to ex...

9. [2018] NZEnvC 014 Vipassana Foundation Charitable Trust Board v Auckland Shooting Club [pdf, 140 KB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA Court: Hearing: Date of Decision: Date of Issue: IN THE MATTER AND IN THE MATTER BETWEEN AND AND AND AND Decision No. [2018] NZEnvC i 4 of the Resource Management Act 1991 of an application under s 314 of the Act VIPASSANA FOUNDATION CHARITABLE TRUST BOARD and KEEP THE PEACE MAKARAU VALLEY INC (ENV-2017 -AKL-000170) Applicants RAYMOND MYLES O'BRIEN and VICTORIA MEl SIEN PICHLER Fir...

10. BORA Port Nicholson Block (Taranaki Whanui ki Te Upoko o Te Ika) Claims Settlement Bill [pdf, 283 KB]

    ...final settlement of the Taranaki Whanui historical claims (defined in cl 9). The Bill would transfer various items of commercial and cultural redress in settlement of historical claims and also provides for the participation of the claimant group in resource management and related decision-making. Section 27(2) issue 3. The Bill excludes courts, tribunals or other judicial bodies from considering any or all of the historical claims, the deed of settlement or the redress provided under...