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1. [2022] NZEnvC 177 Waka Kotahi NZ Transport Agency v Auckland Council [pdf, 420 KB]

   Waka Kotahi NZ Transport Agency v Auckland Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2022] NZEnvC 177 IN THE MATTER OF an appeal under clause 14 of the First Schedule of the Resource Management Act 1991 BETWEEN WAKA KOTAHI NEW ZEALAND TRANSPORT AGENCY (ENV-2022-AKL-000100) Appellant AND AUCKLAND COUNCIL Respondent AND KARAKA AND DRURY LIMITED Applicant Court: Environment Judge J A Smith sitti...

2. 2022-02-11 Statement of Evidence of Samuel Thomas dated 11 February 2022 [pdf, 390 KB]

   ...Douglas et al. 2018). Reduced light levels and smothering due to increased sedimentation can also reduce sensitive algal species such as seagrass and microphytobenthos which live on the sediment surface and are important habitat providers and food resources. 24 Changes to the macrofaunal community with increasing mud content include species loss, reduced abundance of key species, size class reduction and, in extreme sedimentation events, entire communities are smothered (Thrush...

3. Privacy-Act-2020-Indirect-notification-obligation-April-2023-Cabinet-paper_FINAL.pdf [pdf, 2.7 MB]

   ...issuing guidance, educating agencies on compliance and ultimately monitoring compliance. 31 . Some government departments have raised concerns that the proposed amendments could create an administrative burden, and that th is could have timing and resourcing implications impacting their ability to carry out their core functions. However, these changes are in line with the underlying principles in the Act and many agencies with high levels of privacy maturity will already be complying wi...

4. Chandra v Accident Compensation Corporation (Leave to appeal to the High Court) [2024] NZACC 082 [pdf, 253 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 … . [46] In Gilmore,3 Dunningham J stated: [55] I accept that, for the purposes of leave,...

5. [2023] NZEnvC 139 Ka Runaka v Queenstown Lakes District Council [pdf, 512 KB]

   KĀ RŪNAKA v QLDC – QLDC PDP – TOPIC 34 WĀHI TŪPUNA – CONSENT ORDER IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2023] NZEnvC 139 IN THE MATTER of the Resource Management Act 1991 AND an appeal clause 14 of the First Schedule of the Act BETWEEN KĀ RŪNAKA (ENV-2021-CHC-55) Appellant AND QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Environment Judge J J M Hassan – sitting alone under s279 of the Act In Ch...

6. [2023] NZEmpC 193 Le Gros v Fonterra Cooperative Group Ltd [pdf, 284 KB]

   ...those terms and conditions. [5] Mr Le Gros’ individual employment agreement had provided for four weeks’ annual leave a year. It made no provision for long service leave. While no contractual provision was made for such leave, the human resources director issued a policy document (referred to as a directive) on an undisclosed date,2 entitled the “Recognition of Long Service” directive. The purpose of the directive was stated to be to “acknowledge and recognise those e...

7. Williamson v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 134 [pdf, 244 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 … . [35] In Cullen,3 the Court of Appeal stated the following principles applying to the...

8. [2024] NZEnvC 111 Scaife v Queenstown Lakes District Council [pdf, 255 KB]

   SCAIFE V QLDC – TOPIC 38 – FINAL DECISION IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2024] NZEnvC 111 IN THE MATTER of the Resource Management Act 1991 AND an appeal under clause 14 of the First Schedule of the Act BETWEEN JAN-MARC SERVAAS SCAIFE (ENV-2021-CHC-022) Appellant AND QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Environment Judge J J M Hassan Environment Commissioner J T Baines Hearing: On...

9. Cummings v KAM Transport Limited [2025] NZHRRT 8 [pdf, 276 KB]

   ...2020 Act. 3 another KAM employee, Mr Jzaden Kremm, that Mr Cummings had failed a drug test and had left his employment. [10] On 17 September 2020, Mr Cummings and his legal representative attended a disciplinary meeting with KAM human resources manager Anna Ramm and Mr Fincham that had been scheduled to discuss his initial refusal to take the drug test. At the meeting Mr Cummings informed Ms Ramm and Mr Fincham about the incident at Martin Brower and that Mr Kremm had br...

10. Jarvie & Ors v Accident Compensation Corporation (Reviewable decision) [2025] NZACC 41 (5 March 2025) [pdf, 273 KB]

    ...scheme is to “cushion” against loss, rather than to provide full restitution.6 However, the “cushioning principle” does not operate to reduce the contribution for attendant care below that which is required by the claimant who has no other resources to make up the shortfall.7 [52] It is well-established that, because decisions made under the social rehabilitation provisions of the Act involve the Corporation exercising its discretion, a challenge to that can only be brought...