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  1. [2016] NZEmpC 92 Patel & Anor v Sharma [pdf, 90 KB]

    ...significant impediments to recovering any payment that may have been made and, in this case, those matters would be compounded by concerns about Mr Sharma’s ability to pay given his outstanding loan. There is no evidence Mr Sharma has the financial resources from which he could repay the plaintiffs, if required to do so, and the existence of his unpaid loan suggests he would not be able to do so. [19] Mr Sharma’s interests, at least partly, will be addressed by ensuring that...

  2. [2016] NZSSAA 039 (16 May 2016) [pdf, 35 KB]

    ...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 on the beneficiary, and the beneficiary’s ability to meet the need from his or her own resources. [15] Clause 5 of the Direction provides that every advance is to be recovered from the beneficiary at a rate that will ensure that the advance is repaid within 24 months after making the advance. In addition, there are limits...

  3. Avifauna (dated 8 May 2017) [pdf, 215 KB]

    ...notes that clause (e) of condition 33 offers one single mitigation method when there may be others Page 5 of5 BEFORE THE ENVIRONMENT COURT CHRISTCHURCH REGISTRY IN THE MATTER BETWEEN AND ENV-2016-CHC-47 of an appeal under Section 120 Resource Management Act 1991 BLUESKIN ENERGY LIMITED Appellant DUNEDIN CITY COUNCIL Respondent STATEMENT OF AGREED FACTS - AVIFAUNA GALLAWAY COOK ALLAN LAWYERS DUNEDIN Solicitor on record: B Irving Solicitor to contact: B Irving...

  4. Wipaki v Apatu - Awarua o Hinemanu Trust (2016) 56 Takitimu MB 54 (56 TKT 54) [pdf, 187 KB]

    ...force in the argument that where there is such commonality of ownership a single governance body is likely to be a more efficient means of managing the land. Economies of scale for example will mean that there can be greater coordination of trust resources for the benefit of the owners and the more efficient use of administrative support. For planning and general meeting purposes, bringing together both blocks of land under one common set of trustees also makes practical sense....

  5. Consultation paper enabling on site audits [pdf, 481 KB]

    ...to provide us with a range of closed files. 18. In some instances on-site audits could be conducted at the same site on more than 1 provider, for example at larger firms. This is a more cost-effective option and may allow us to use our auditing resources in a more efficient manner, notwithstanding that the regulatory framework requires a separate audit for each provider. 19. The proposed changes remove the current inference that on-site audits are solely associated with serious qualit...

  6. Taueki - Horowhenua 11 (Lake) Māori Reservation (2005) 154 Aotea MB 96 (154 AOT 96) [pdf, 353 KB]

    ...with the issues that have emerged and remain largely unresolved. For a more durable long term resolution to the difficulties that appear to vex this and other Maori communities in the context of rights and obligations, mana and tikanga over land and resources, the answers must come from those communities themselves, not the Court. While a framework within which robust and 'sensible -debate can occur might be provided by external agencies like a Court, a more permanent solution must c...

  7. Parata - Ngarara West B3B (2004) 146 Aotea MB 138 (146 AOT 138) [pdf, 367 KB]

    ...of on going amicable relations between the parties, and accordingly none is made. The present case is, however, of a different character. On the one hand individual shareholders, and on the other the incorporation, with its considerable financial resources. The parties were represented throughout, and there was an interlocutory process that was highly contested. The appellants' counsel went so far as to describe PKW as "relentless opponents JJ in the proceedings". Minu...

  9. [2019] NZEnvC 020 Segmental Liners Limited v Whangarei District Council [pdf, 2.3 MB]

    BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA Court: Submissions: Date: Issued: Decision [2019] NZEnvC 020 IN THE MATTER of the Resource Management Act 1991 AND of an appeal under section 120 of the Act BE1WEEN SEGMENTAL LINERS LIMITED (ENV-2018-AKL-094) Appellant AND WHANGAREI DISTRICT COUNCIL Respondent Judge JA Smith, sitting alone pursuant to s 279 of the Act J Brabant for Segmental Liners Limited (Appellant) GJ Mathias for Whangarei District Co...

  10. [2018] NZEnvC 154 Coastal Ratepayers United Incorporated v Kapiti Coast District Council [pdf, 472 KB]

    BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2018] NZEnvC 154 of the Resource Management Act 1991 of an application for a declaration under s 311 of the Act COASTAL RATEPAYERS UNITED INCORPORATED (ENV-2016-WLG-000028) Applicant KAPITI COAST DISTRICT COUNCIL Respondent Court: Environment Judge B P Dwyer sitting alone under s 279 of the Act Hearing: In Chambers at Wellington Date of Decision: 27 Augus...