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1. [2007] SFWU v ADHB and Ors WN WC 18/07 [pdf, 134 KB]

   ...does not contemplate or permit counter-initiation of bargaining by an employer against whom collective bargaining has been initiated by a union. In these circumstances we allowed time for the development of that argument by Mr Cranney and for responses by other counsel. [69] Although in this case the employers, against whom bargaining was initiated by the union, chose to address their disagreement with the identities of employer parties to the proposed agreement as an issue in the...

2. Manuirirangi v Nga Hapu o Nga Ruahine Iwi Inc (2010) 2010 Chief Judge's MB 355 (2010 CJ 355) [pdf, 278 KB]

   ...current Treaty negotiations with the Crown or was it broader than that? Thus the first applicants were given time to file an amended s 30 application. [6] The further submissions called for, the amended application from the first applicants and responses to the amended application have now been received from all parties. The issues that I need to decide in this decision are as follows: a) What is the correct interpretation of s 30H(2)?

3. MacDonald v MacDonald - Wairau Block XII Section 6C2C [2016] Māori Appellate Court MB 259 (2016 APPEAL 259) [pdf, 276 KB]

   ...13 He submits that not only does the Court need to determine whether to make a partition under Part 14 of the Act, it must also consider whether a partition is in the spirit of the whole purpose and principles of the Act. [33] Further, in response to Phillip’s submission that the lower Court failed to exercise its duties to resolve conflict and ensure fairness between the parties, Brigham submits that the only option considering s 17(2)(c) in the circumstances was to dismiss t...

4. Cooper v Standards Committee LCRO 280/2013, 281/2013, 324/2013, 325/2013, 34/2014, 118/2014 (17 April 2015) [pdf, 406 KB]

   ...made. I accept that Mr Cooper carries the burden of his choices, but he also enjoys the benefits of operating as he did, not least of which is the freedom that comes with operating as a barrister sole without chambers. [62] With freedom comes responsibility. Mr Cooper was responsible for managing himself. His failure to do so resulted in a member of the independent judiciary taking the highly unusual step of intervening to protect Mr Cooper’s clients. As Dr CC says in his 18...

5. Issues with access to justice in the Environment Court of New Zealand [pdf, 477 KB]

   ...environmental legislation in this country having entered a state of considerable flux. In this paper, we do not comment on government policy and the formulating of substantive laws, as it is not our place as judges to do so. It can, however, fall within our responsibilities as judges to make careful public observa- tions about matters of court process and access to justice. This is what we set out to do in this paper, in the context of historic, current, and possible future legislative scenar...

6. E31A Urban Design and Landscape Architecture JWS [pdf, 4.6 MB]

   ...overarching design idea or concept; relate sensitively to its specific context, including other buildings and public open spaces; and demonstrate design coordination and integration so as to avoid outcomes being a piecemeal assemblage of unrelated design responses. 1.3. Public open space design is to embody an overarching design idea or concept; relate sensitively to its specific context, including buildings, yards and other public open spaces; and demonstrate design coordination and in...

7. [2021] NZREADT 19 - Moseley v The Real Estate Agents Authority & Smith (29 April 2021) [pdf, 355 KB]

   ...providing ventilation. … Note there does appear to be a silt build up under the floor mainly lounge bathroom + kitchen areas from flooding. [20] The manager of the Agency, Mr Stevens, visited the property on 10 May 2016. In his statement in response to the complaint he told the Committee he noticed “the poor condition of the piles and the dampness”. [21] K2 Environmental Ltd undertook a “biological air quality assessment” on 15 June 2016 (“the K2 report”). This stat...

8. [2019] NZEnvC 033 Liu v Auckland Council [pdf, 457 KB]

   ...of this appeal) alleging that alterations to that date involved demolition to an extent that contravened a rule in the Auckland Unitary Plan (AUP) for the protection of the special character of the area and requiring all works to cease. [8] In response, on 25 May 2017 the Appellant applied for a retrospective resource consent in respect of the alleged contravention of the rule. At around the same time, the Appellant's contractors installed an asphalt shingle roof, apparently beli...

9. [2019] NZEnvC 199 SKP Incorporated v Auckland Council [pdf, 7.9 MB]

   ...2019 Judicial conference where (and 7 June 2019) timetabling directions made. Minute issues confirming those directions on 7 June 2019. 34. 14 June 2019 KPBL files evidence from AG Mair, KRM Littlejohn, MA Schmack, G Thomson and M Wilson in response to SKP rehearing application. 35. 24 June 2019 SKP files application for leave to seek discovery against KPBL, Council and lwi Trust. 36. 24 June 2019 Trust Board applies for waiver to join SKP application for rehearing out of time....

10. Proactive release - Prisoner Voting [pdf, 2 MB]

    ...Māori and Pasifika). 27. However, there is a legitimate debate about the extent to which a person’s rights ought to be restricted as a penalty for criminal offending, and therefore whether a person’s right to vote should be removed as a penal response to criminal offending. 28. The disqualification of sentenced prisoners from voting has changed several times in New Zealand. Initially prisoners were disqualified if they had committed certain serious offences. A complete ban of...