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1. Waitangi Tribunal - Part 1 The alienation of Māori land in Rohe Potae [pdf, 1.2 MB]

   ...Maori land and the relatively easy access to purchase money through railway loans meant the ‘railway area’ was treated as one district for the purposes of land purchase policies and tactics. Land purchase officers such as Wilkinson had purchasing responsibilities in the ‘railway area’, a larger district than the actual Aotea block. This meant that in spite of official and legal determinations, in practical terms the ‘railway area’ and the larger ‘rohepotae’ were often regarded a...

2. [2018] NZEnvC 087 Okura Holdings Limited & Others v Auckland Council [pdf, 11 MB]

   ...ownership). (f) This 55ha of open space would preferably be vested in the Council. However, as noted in Mr Donnelly's evidence, this land could instead be privately owned with provision for public access if the Council does not wish to take responsibility for it. (g) Retention of all significant indigenous vegetation on the Site and OHL Submission at [3.4]. 12 enhancement through extensive planting of the coastal margin and up to 7ha (10m each side) of riparian planting...

3. [2017] NZEnvC 174 New Zealand Transport Agency v Marlborough District Council [pdf, 13 MB]

   ...the recently adopted "Safe System" approach. Safe System approach [86] The court received evidence on the philosophy of the "Safe System" approach which is to recognise human error and vulnerability are inevitable, even for responsible road users, and to take this into account by designing a more forgiving road system'"' That was promoted in New Zealand's Road Safety Strategy 2010-2020, published by the Minister of Transport in March 2010 (&qu...

4. [2016] NZEmpC 136 Xtreme Dining Ltd t/a Think Steel v Dewar [pdf, 391 KB]

   ...its peak and Mr Dewar had relevant work experience. It had also been submitted that the chain of causation between the loss of the job and lost wages was broken by the decision not to actively apply for other jobs but to retrain. 10 [63] In response it had been submitted that Mr Dewar had been promised an apprenticeship at Think Steel; with no performance issues there was no basis on which to conclude that he would not have received an apprenticeship if he had not been dismissed....

5. 2021-07-07 ORC - Closing Submissions [pdf, 422 KB]

   ...2 (q) The effectiveness of review conditions under section 128 (r) The uncertainty of short term consent durations (s) The application of section 124 to rights of priority (t) What happens to applications that have already been lodged? (u) Response to the prayer for relief Is an interim planning framework required? 2 Counsel addressed the need for PC7 in its opening legal submissions and has tested this with witnesses throughout the hearing where many have acknowledged the...

6. [2022] NZEnvC 146 Te Runanga o Ngai Te Rangi Iwi Trust v Bay of Plenty Regional Council [pdf, 638 KB]

   ...requiring the use of locally sourced materials where possible; and iv. The degree to which mana whenua agree with the works methodology proposed; h) A record of all consultation and engagement carried out in respect of the works, including the responses of parties consulted and proposed methodologies to avoid, remedy or mitigate potential adverse effects; MHH-133911-762-935-1:cg i) The location of any disposal site to be used for any excess material removed; j) A report f...

7. [2011] NZEmpC 41 ABC Developmental Learning Centres v Plasmeyer [pdf, 54 KB]

   ...an order under s 40(4) of the Legal Services Act, specifying a sum of $5,000, but opposes that order under s 40(2) on the basis that there are no “exceptional circumstances”. [10] The defendant submits that her proceedings were conducted responsibly and relatively efficiently. The hearing took less than a day. She emphasises the strict application of s 40(2) as illustrated by the judgment of the Court of Appeal in Laverty v Para Franchising Ltd. 2 The defendant says that h...

8. [2008] NZEmpC WC 2/08 Smith & Anor v Harvey [pdf, 16 KB]

   ...confirmed this in an email which concluded by saying “I would appreciate an answer asap as if your client does not agree and pay these amounts before (say) 10 February I will need to prepare a submission for the Judge.” [4] Having received no response, Ms Irwin sent a further email to Mr Gould on Sunday 27 January 2008 in which the key passage was “When I spoke to you and emailed you about this matter, I had mistakenly thought I had until 15 February to file my submission on c...

9. [2012] NZEmpC 160 Edwards v Two Degrees [pdf, 54 KB]

   ...with Mr Edwards’s obligation to make payment in para [29](d) which dealt with the situation if the defendant’s decision to dismiss the plaintiff is found to be substantively justified and therefore the new paragraph was unnecessary. [3] In response to counsel for the defendant’s request that the matter be reconvened before the Court, a hearing was convened by telephone linkage and the matter was argued. [4] Mr Waalkens confirmed the matters contained in his memorandum. Wh...

10. [2015] NZEmpC 173 Roy v Board of Trustees of Tamaki College oral interlocutory [pdf, 81 KB]

    ...available to be given at the hearing because it is of events that occurred during the adjournment. [13] In these circumstances, leave is granted to the defendant and the evidence will be admitted. The plaintiff is, of course, entitled to be heard in response to that evidence if he wishes to, and his counsel will be able to make submissions on the content and weight to be given to that evidence which, as I have already noted, is not disputed as to its factual accuracy....