Search Results

1. [2021] NZEnvC 183 Clutha District Council v Vreugdenhil Family Trust Partnership [pdf, 358 KB]

   ...Planning Tribunal, in re Matamata County Council had this to say: The issue is the need for the road, not the need for the stopping. Paper roads for which there is no present or future need serve no good purpose. They add to the administrative responsibilities of a local authority and diminish its rating base. They often provide, at public cost, a chance benefit to some landowners. There is no statutory or other public purpose to be served by the continuing of such private b...

2. [2021] NZEnvC 171 Public and Population Health Unit of the Northland District Health Board v Northland Regional Council [pdf, 546 KB]

   ...definition of “effective shelter”; and (d) Corrections to minor cross-referencing errors that have arisen as a result of incorporating the Court’s findings on Rule C.6.5.1 and Rule C.6.5.2. The Council also advise that they had sought responses from all parties involved in this matter. At the time of filing, the only parties who had responded were Refining NZ and the Wheeler’s, who did not raise objections with the proposed amendments. Evaluation Having considered th...

3. [2022] NZACC 55 – Griffith v ACC ( 5 April 2022) [pdf, 233 KB]

   ...stated: [31] It is inappropriate to suggest, as the respondent’s submissions do and as the reasons in the High Court and Court of Appeal appear to allow, that the “standard” of scrutiny imposed by the court “cannot be a high one”. The responsibility of the court on judicial review is to ensure that the legislative condition is fulfilled. Since the condition turns on a judgment (that the claimant is “likely to achieve vocational independence”), its fulfilment may not be...

4. [2022] NZEmpC 177 Shah Enterprise IT Ltd v A Labour Inspector [pdf, 240 KB]

   ...effective maximum penalties to $60,000 for Shah Enterprise and $30,000 for Mr Shah. [61] I accept too that Shah Enterprise and Mr Shah are effectively one and the same, given Mr Shah is the sole director and shareholder of Shah Enterprise and is responsible for the decision making and implementation of business practices. This close association between the plaintiffs makes it appropriate to set the total maximum penalties, covering both plaintiffs, as $60,000. With that in mind, I...

5. [2022] NZEnvC 167 MTP Limited v Westland District Council [pdf, 324 KB]

   ...Johnson affidavit affirmed 22 September 2021, Annexure A: Natural Hazard Assessment – BF Whitman Ltd & Lakes Consulting Group Ltd at [3]-[4]. 58 Transcript (Wolt) at 138. 59 Counsel for the District Council advised that this evidence was led in response to inaccurate statements made by MTP’s planning witness. See Transcript (Wolt) at 138. 60 Transcript (Johnson) at 61-63. 19 [63] District Plan policies pertaining to the coast61 and natural hazards62 contemplate the subd...

6. KU & UE v TQ Ltd [2021] NZDT 1649 (28 October 2021) [pdf, 292 KB]

   ...rings had been replaced by him. DB confirmed they had not been replaced. 5. DB agreed to travel to [Town] to fit new piston rings. His trip to [Town] was delayed due to New Zealand going into a nationwide lockdown in March 2020 as part of its response to the Covid-19 pandemic. 6. DB travelled to [Town] on 1 July 2020. However, upon arrival he discovered that he had the incorrect rings with him. The correct rings were ordered from BM Ltd (“BM”) and arrived in [Town] on 3 Jul...

7. Blaikie v Lawless - Lake Taupo Forest Trust (2022) 450 Aotea MB 247 (450 AOT 247) [pdf, 333 KB]

   ...relating to who was to retire and who was to roll over at the 2022 Trustee Election, following the death of Ms Te Heuheu, was confirmed or altered by the Trustees. As a result, I sought further information from the Trustees. I summarise their response below: 16 At all times, the Trustees have maintained their decision from the 9 November 2022 Trustee meeting where a Trustee resolution was passed confirming that the four highest polling Trustees will remain in office fol...

8. [2021] NZACC 85 - Fenton v ACC (15 June 2021) [pdf, 195 KB]

   ...Fenton’s right shoulder symptomatic. He says: Such pathology has more than likely been developing over a period of time prior to the accident. [33] Mr Kejriwal responded to questions from ACC’s counsel in a letter dated 28 August 2018. His response included the following: As per my letter dictated on 31 October 2016 he had an MRI scan confirming long head of biceps tendinopathy that was significantly swollen. This swelling can be due to multiple reasons, one of which is a...

9. [2021] NZIACDT 19 ZK v Registrar (20 August 2021) [pdf, 250 KB]

   ...start to contact the immigration officer on a daily basis. They had sent the first email and would let her know any feedback. [26] The immigration officer replied to the adviser on the same day stating that she was waiting for the employer’s response. She asked for an alternative email contact. On the same day, the appellant told the adviser of an alternative person and in turn the adviser presumably notified the officer. [27] On 21 September 2020, Ms X sent another email t...

10. [2022] NZEmpC 194 Enterprise Motor Group (New Lynn) Ltd v A Labour Inspector of the Ministry of Business, Innovation and Employment [pdf, 267 KB]

    ...assessing its non-compliance. [59] Mr Gray sounded a cautionary note that EMG’s approach was effectively seeking to adopt the minority judgment from the full Court’s decision in Dickson, which was not accepted by the Court of Appeal. His response to the examples used by Mr Wicks was that taken to their potential conclusions they could result in alarmingly untenable situations. He foresaw risks from similar structures being developed in industries such as farming where hist...