Search Results

1. [2018] NZEmpC 154 TUV v WXY [pdf, 512 KB]

   ...Note the provisions for minors under Part 6 of the Contract and Commercial Law Act 2017. The Act allows the Court to enquire into the fairness and reasonableness of a contract at the time it was entered into and provides for a range of possible responses, including cancelling or declaring the contract unenforceable. However, the Act makes it clear that none of those powers relates to a compromise or settlement of any claim, including on the ground of unconscionability. That is beca...

2. [2022] NZEnvC 029 Waimea Plains Landscape Preservation Society Inc v Gore District Council [pdf, 438 KB]

   ...for the pipeline and was a utility. The transportation 33 Y Pflüger, Rebuttal, [5]. 20 drivers for the selection of the preferred bridge location were not referred to in her evidence other than to note that at the Council hearing, and in response to the s42A reports, the evidence addressed active transportation as one of a number of possible effects of the alternative locations for the bridge. Assessment of Environmental Effects – s104(1)(a) Positive effects [76] We ac...

3. [2022] NZEnvC 220 Chen v New Zealand Transport Agency - Waka Kotahi [pdf, 662 KB]

   ...vested in the Crown1 and controlled by NZTA.2 It is subject to a designation as a state highway in the Auckland Unitary Plan numbered 6766, without conditions or attachments. NZTA3 is the requiring authority for state highways4 and so has financial responsibility in 1 Government Roading Powers Act 1989, s 44. 2 Government Roading Powers Act 1989, s 61. 3 Established under s 93 of the Land Transport Management Act 2003. 4 The Resource Management (Approval of Transit New Zealand...

4. Pokere v Bodger - Ōuri 1A3 (2023) 466 Aotea MB 120 (466 AOT 120) [pdf, 356 KB]

   ...mate/deceased) AND DONNA POKERE PHILLIPS Ngā kaitono Applicants ME And PATRICIA BODGER, JAQUALINE FEEHAN, ROINA GRAHAM, JAMES POKERE, BRIAN ROPOTINI, KIKI RUAKERE, HOKIPERA RUAKERE-PAUNI, CAROLINE SCOTT AND MOETU TONGA AS RESPONSIBLE TRUSTEES OF THE TE HANATAUA AHU WHENUA TRUST Ngā kaiurupare Respondents Nohoanga: Hearing Ngā runga ano i ngā pepa On the papers Kanohi kitea: Appearances A Thomas for applicants S Hughes KC for res...

5. [2022] NZEnvC 170 Director-General of Conservation v Northland Regional Council [pdf, 11 MB]

   ...regime for determining which bores require continuous monitoring; (b) a trigger level regime for activating a reduction in take levels or the cessation of takes, although there is some disagreement about what those triggers should be and the responses; and (c) a test pumping condition for new bores to prove the resource and to help establish likely drawdown effects prior to exercising the consents for production purposes. Overview of issues This can only be a short decision a...

6. [2022] NZEnvC 199 Kristin School Charitable Trust [pdf, 11 MB]

   ...congestion in the school's road network and delays for vehicles exiting the school site, and the safety of students and staff. [9] The following persons joined the proceeding as s 27 4 parties: (a) Albany Primary School Board (the Board is responsible for the governance of Albany Primary School, which is located at 6 Bass Road); (b) Julia Clements (a resident of Kinleith Way); (c) Margaret Johns (a resident of Kinleith Way); (d) Paul Lockey (a Parent Governor at Kristin Sch...

7. [2022] NZACC 8 – N v ACC (20 January 2022) [pdf, 303 KB]

   ...and giving way of the hip. It is possible that a second reported fall was a direct result of the pain and instability caused by the January event. Again, I would encourage the reviewer to clarify this with [the appellant]. ... 1. What is your response to the opinion from ACC that [the appellant’s] injuries have resolved? The medical evidence from Mr Crawford's assessment of [the appellant] from July 2019 clearly establishes that she was still at that time suffering...

8. NHoO-Ngati-Kapu-O2NL-CIA-20-June-2022-v2.pdf [pdf, 1.3 MB]

   ...Impact Assessment 2022     11.1.5.1 “seemed the most expedient way of bringing Maori land on to the [open] market.”107 11.1.5.1.1 Pursuant to CFRT Crown Action and Maori Response, Land and Politics 1840-1900 Report, Wai 2200, A201 dated 2018 there were bird catching areas and cultivations108 west and north of the hill Pukehou, thereby temporary shelters. Taikai and Te Ahi-a-Rangikahiwi109 were named Ngāti...

9. Nicholson v Pene - Tauakira No. 2M No.4 (2023) 477 Aotea MB 140 (477 AOT 140) [pdf, 442 KB]

   ...and set aside the Settlement Agreement. In the end, it was necessary for all parties to be legally represented. As a result, the Petaera and Potaka- Osborne whānau filed a statement of claim seeking to enforce the Settlement Agreement.2 In response, the Ngātoa whānau filed its own statement of claim (as amended) to set aside the Settlement Agreement.3 The Trust who had previously filed a pro forma application to enforce the Settlement Agreement, amended their status to an int...

10. Applying-for-a-Limited-Licence-Guide-CL-2024.pdf [pdf, 357 KB]

    ...ask you to tighten restrictions about when, where and why you can drive on a limited licence). If you think these suggestions are fair, you can change your documents and send them again to PPS for their updated views. If you do not get a response to your email to PPS, it may help to follow up with a phone call. You can also speak to the police prosecutor in court on the day your application is being heard. What if the police oppose my application? This doesn’t mean t...