Search Results

1. Federated-Farmers-of-New-Zealand.pdf [pdf, 556 KB]

   ...outlined by the Appellant Clause 5 Exclusion from intermittent rivers Federated Farmers is concerned that the Schedule C as currently drafted applies to intermittently flowing water bodies. Federated Farmers’ GIS analysis as part of its response to the draft national stock exclusion regulations and Ag First and Baker Ag case studies reports (presented in evidence to the Hearing Panel during the Council Hearing) showed a significant cost of fencing permanent waterways. Feder...

2. [2019] NZEnvC 198 Banora v Auckland Council [pdf, 5.2 MB]

   ...engaged in discussions and have reached an agreement on the works to be completed to remediate the site. The details of the agreement reached are summarised below: (a) Council have agreed to approach the neighbour for consent (on a non-binding no responsibility basis), due to practical difficulties with Mr Banora doing so. (b) The Engineering Plan prepared by Civil Plan Consultants (approved by the Council on 17 May 2019) sets out the work to be completed to: (i) Restore the dam...

3. COVID-19 Alert Level 4 in the District Court data summary [pdf, 439 KB]

   ...order and people on bail not attending scheduled court appearances) had the largest decrease in the number of charges filed (by 1,737 charges; -48%). The reductions for many of these offences were a direct consequence of the justice system’s response to Alert Level 4, as can been seen for the offences with the largest reduction in charges: • failure to answer bail (-1,077 charges; -97%; this offence relates to people on bail not attending their scheduled court appearance)...

4. [2019] NZEmpC 101 GD (Tauranga) Ltd v Price [pdf, 283 KB]

   ...and raised those doubts in discussions with Mr Kevin Atkinson, the CEO of Generation New Zealand Limited, a wholly owned subsidiary of GGL. [20] Then, in May 2016, GD Tauranga employed Ms Michelle Hulme as its Finance Manager. Ms Hulme was responsible for managing the payroll of GD Tauranga’s employees. In her role she liaised with the external accountants who processed the payroll for all GD Tauranga staff. Ms Hulme noticed the manual overriding of GD Tauranga’s payroll...

5. Complaints Assessment Committee 404 v Kumandan, Kumandan v The Real Estate Agents Authority (CAC 404) [2018] NZREADT 51 [pdf, 270 KB]

   ...sign sale and purchase agreements in accordance with s 19 of the Property Law Act 2007 (PLA), which prescribes how attorneys must sign sale and purchase agreements for land. [18] Charge four is that the defendant’s aggressive and confrontational response to an inquiry from the Committee’s investigator was disgraceful. Charge one [19] It is a notable feature of this case that the Committee has not elected to directly allege against the defendant that he was involved in m...

6. Friends of Lake Hayes Society Inc - Lay evidence presented by Richard Bowman and Mike Hanff - 22 February 2022 [pdf, 1.6 MB]

   ...addressing many of the previously recognised shortfalls in sediment management. It is concerning then that we are still seeing significant sediment loss problems relating to urban development at Lake Hayes and elsewhere in the District. A common response from those involved with earthworks when queried about this issue is that ‘you can’t design every development for a 100-year event’. Taking this approach is not the answer to the problem. First it is clear that significant s...

7. [2022] NZEnvC 044 Te Runanga o Kaikoura v Marlborough District Council [pdf, 368 KB]

   ...Trust did not participate in mediations. A Minute dated 21 March 2022 was issued affording a further opportunity to Ngāti Koata Trust to raise any opposition to, or issue with, the agreement of the parties sought in the joint memorandum. No response was received. As a reminder, I record that if a party no longer has an interest in a topic or appeal it has a duty to formally withdraw its interest, as failing to do so can lead to delay and costs for other parties. All remaining...

8. [2021] NZACC 76 - Herbst v ACC (20 May 2021) [pdf, 220 KB]

   ...There was no diplopia. There was no facial weakness or asymmetry and her speech was normal. Motor function in the limbs was normal. Sensory examination was not performed. The tendon reflexes were normal and symmetrical with flexor plantar responses. The patient’s gait was normal. She could stand steadily on a narrow base with her eyes closed and could tandem walk slowly. I would agree that the patient seems to have sustained a cervical injury probably of whiplash nature...

9. [2021] NZEnvC 190 Wolf 2008 Limited v Whangarei District Council [pdf, 347 KB]

   ...On 21 July 2021, Wolf lodged an application with the Council to extend the lapse date of the consent pursuant to s 125(1A) of the RMA. Both parties agreed that the application was received prior to the lapse date. However, the Council’s response was that both the application for consent and the grant of any extension must be made before the lapse date. The Council did not make any decision on the application for extension by 4 August 2021 and thereafter has not considered it...

10. L v EQC [2021] CEIT-2019-0036 [pdf, 298 KB]

    ...2010, or 13 June 2011, caused additional damage to the house; and (d) the repair costs for all damage from the Canterbury Earthquake Sequence (CES) in aggregate does not exceed EQC’s statutory cap, therefore Tower has no liability. [20] In response Ms L and Mr M, submitted that: 5 (a) attribution of damage across the events is difficult given the lack of assessment at the time of the earthquakes, with some damage still not assessed; (b) they understood that a separate c...