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1. [2021] NZEnvC 018 Hadley v Waterfall Park Developments Limited [pdf, 1.5 MB]

   ...their related objectives and policies. On the evidence, I find that the Planting fails to do so, having regard to both the established farming activities on the Site and the realistic potential of the Site for farming purposes. [56] WPD bears the responsibility to ensure that its activities comply with the RMA. The activity classifications in the rules in Table 24.1 apply to the land uses being carried out on the Site, namely licensed grazing, and applied to the Planting carried o...

2. Johnson v CAC 20003 & Harvey [2016] NZREADT 68 [pdf, 266 KB]

   ...however, is that Mr Johnson believed that to be the case, as did Mr Allen Johnson, and as Mr Johnson reported to his solicitor. There was, at least, confusion between Mr Johnson and Mr Harvey as to what was being agreed. Mr Harvey must bear some responsibility for this confusion, as an experienced agent and in the light of his assessment of Mr Johnson (in his interview with the investigator) as “not the sharpest”, and as “an idealist who hears what he wants to hear”. [54]...

3. Te Manutukutuku 74 [pdf, 11 MB]

   ...under action. The district inquiries, focusing mainly on histor­ ical claims, have also taken longer to complete than anticipated in 2014. They now include a new inquiry in the North­eastern Bay of Plenty dis­ trict, granted in June this year in response to applications for a hearing of Whakatōhea’s historical claims. The district, remedies, and many urgent inquiries are concerned mainly with historical claims or the pro­ cess for settling those claims with the Crown. They ther...

4. [2020] NZREADT 42 - Stone v The Real Estate Agents Authority (14 September 2020) [pdf, 356 KB]

   ...the question of whether Ms Lim may have had a motive. The Committee said that she had nothing to gain by untruthfully stating that Mr Stone had been guilty of impropriety including sexual abuse and financial irregularities. However, the obvious response is that Ms Lim may have been motivated by considerations of revenge or she may have wished to ensure that Mr Stone did not take part in any further assessments of her work because she had concerns that it would be unfavourable. We ar...

5. Beef + Lamb NZ - EiC - J M Chrystal - Agricultural Science (5 Feb 2021) - Appendix 2 [pdf, 3.1 MB]

   ...ensure this Report is accurate. However scientific research and development can involve extrapolation and interpretation of uncertain data, and can produce uncertain results. Neither AgResearch Ltd nor any person involved in this Report shall be responsible for any error or omission in this Report or for any use of or reliance on this Report unless specifically agreed otherwise in writing. To the extent permitted by law, AgResearch Ltd excludes all liability in relation to this R...

6. [2020] NZSSAA 5 (28 April 2020) [pdf, 204 KB]

   ...more than 26 weeks. In 2010, XXXX did apply to be paid New Zealand Superannuation when he intended to travel for more than 26 weeks.35 However, instead of granting it, the Ministry suspended his New Zealand Superannuation. XXXX’s unsurprising response was to change his plans before he left, and he notified the Ministry he would return within 26 weeks. He has apparently never intended to be absent or been absent for more than 26 weeks since then. [59] Where a person does intend...

7. [2019] NZEmpC 159 Allied Investments Ltd t/a Allied Security v Cradock [pdf, 350 KB]

   ...Rather, the amount awarded must relate to the suffering felt by the employee as derived from the established personal grievance.32 b) Allied had dismissed Ms Cradock pursuant to a trial period that it genuinely believed was valid; it had acted responsibly and could not have known that in doing so it was acting in breach of s 67B(1). The breach was technical only, and this should be reflected in the compensatory award. c) Three months’ lost wages and a compensation award of $15...

8. Ashworth v Kent (Strike-Out Application) [2018] NZHRRT 55 [pdf, 475 KB]

   ...the relevant event is not the treatment error; rather it is the breach of the Code. Not until the Health and Disability Commissioner published his report on 9 March 2018 could Ms Ashworth know whether a breach of the Code had occurred and who was responsible for that breach. The date of publication of the Commissioner’s report is the late knowledge date. As the statement of claim was filed just four months after publication of the report, the proceedings have been filed well in time....

9. Mokaraka v Mokaraka - Waima C8 [2022] Māori Appellate Court MB 17 (2022 Appeal 17) [pdf, 343 KB]

   ...Court MB 20 (d) As far as the respondents are aware, no steps have been made to constitute a whānau trust; (e) The respondents have attempted to contact the appellants through their counsel to find out what is happening but have had no response; (f) The respondents wish to withdraw their agreement to the occupation order being transferred to a whānau trust. They consider the appellants have not honoured their part of the agreement to have the house ready for Harawai to...

10. 10.1. Appendix 1 to JWS 10 - Draft Amendments to PC7 [pdf, 377 KB]

    ...Community water supply Means a water supply for the primary purpose of supplying drinking water to communities, that may also be used for industrial and business uses, and is for the purpose of enabling territorial authorities to meet their responsibilities for the supply of drinking water under the Health Act 1956 and the Local Government Act 2002. A community water supply serves 25 or more people for at least 60 days a year. Contact management plan A plan tha...