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1. [2021] NZEmpC 138 The 20 District Health Boards v New Zealand Nurses Organisation [pdf, 378 KB]

   ...members to provide LPS in certain situations. [99] There are several intertwined considerations that fall for consideration. [100] First, cl 12(5) refers expressly to three particular factors on which the parties are required to negotiate. [101] There is no express statement in cl 12 that states the Union, as a party to an LPS agreement, must ensure that members having the necessary expertise to provide LPS support will do so. [102] The DHB’s position would in effect requi...

2. [2020] NZEnvC 159 Upper Clutha Environmental Society Incorporated v Queenstown Lakes District Council.pdf [pdf, 2.2 MB]

   ..."in locations other than in the Rural Zone". The SO is correctly qualified through the use of the word "inappropriate subdivision, use and development". [21] In addition, QLDC proposes two drafting refinements (as set out at [101).19 Later, we explain that we agree further refinement is appropriate but differ somewhat from QLDC on the best approach to this. Provision 3.1 B. 7: Proposed additional definition of 'Rural Character Landscape' [22] Ms Scott...

3. LCRO 97/2019 DH v MB (29 June 2020) [pdf, 273 KB]

   ...property she (a) “thought it would be safer for those funds to be paid into a bank account in [Ms DH’s] name rather than any bank account in [her] name”, and (b) for that purpose transferred the purchase money to Ms DH’s bank account. [101] Lastly, Mrs RS declared that Ms DH, having made no financial contribution herself, “[was] effectively holding [the 71.1 per cent] share upon trust” for Mrs RS. For that reason, Mrs RS stated Ms DH had in [Ms DH’s] will bequeathed the...

4. OWRUG & HortNZ - EiC - I McIndoe – Geography/Hydrology (5 Feb 2021) [pdf, 257 KB]

   ...Guidelines are already able to be used (and were used) for that purpose. For completeness, I do recommend that the Guidelines, which were based on data available up until 2015, be updated to incorporate seasons up until the 2020/21 irrigation season. 101. I recognise that the introduction of minimum flows (or residual flows) on water resources could, and probably will, make water supplies less reliable for some growers. If that is the case, growers will need to adapt their use of...

5. LCRO 261/2016 TJ v DM and ZP (26 September 2019) [pdf, 196 KB]

   ...whereabouts (sensible as that is) could be enforced. Should the lawyers have taken Ms TJ’s concerns about her safety more seriously? [100] Ms TJ explained the circumstances which prompted concern that Mr TJ presented a risk to her safety. [101] Without wishing to minimise Ms TJ’s concerns, the events she identified would not, in my view, have provided the lawyers with basis to conclude that they could advance the protection remedies available to Ms TJ with any reasonable prosp...

6. Overview Trustee Ltd as trustee of the Carrigafoyle Trust v Cook & Anor as trustees of the CC Trust [2011] NZWHT Auckland 35 [pdf, 309 KB]

   ...31/12/08 $899.94 Project economics 30/11/10 $1,725.00 Alexander & Co (Mr Flay) 20/12/10 $4,405.71 Summers 28/2/10 $2129.12 Page | 8 Summers 30/6/10 $4893.48 Summers 30/9/10 $312.69 Summers 22/10/10 $399.13 Summers 26/1010 $6685.92 Subtotal $21,439.99 Total $61,650.92 Claimant’s response to Council [14] The claimant‟s submission is that the claim against the Council did not lack substantial merit. It referred to the evidence of its e...

7. Waikato Bay of Plenty Standards Committee v Parlane [2010] NZLCDT 8 [pdf, 184 KB]

   ...self represented person involved in a fencing dispute with his client, he made disrespectful and discourteous statements about that person in a letter dated 5 June 2009, contrary to Rule 12 in the Conduct and Client Care Rules 2008.” [101] Rule 12 provides: “A lawyer must, when acting in a professional capacity, conduct dealings with others, including self represented persons, with integrity, respect, and courtesy.” 29 [102] The letter relied upon by the Soc...

8. [2019] NZEnvC 205 Upper Clutha Environmental Society Incorporated v Queenstown Lakes District Council [pdf, 15 MB]

   ...stated ... ..... 100 Variance and inconsistency in landscape descriptors ....... ..... .. ......... .. ................ .. .. 100 Evaluation of Policy 6.3.2.4 ....... .. ........ ....... ...................... .............................. ... ... .. 101 Evaluation of Policy 6.3.2.7 ................... .. ... .. ... ...... ............. ................... .... ........... .. 101 6.3.3 Policies on managing activities on ONFs and in ONLs ............................. 103 Evaluation of Poli...

9. Waitangi Tribunal - Wai 2200 A186 Scoping report [pdf, 3.3 MB]

   ...foreground, c.1890s 94 16. Crowd watching construction of airfield at Paraparaumu, 1939 96 17. Members of Te Whānau a Te Ngārara on disputed land on Paraparaumu, 1999 98 18. Takamore Wahi Tapu Area and the Kāpiti Expressway 101 19. Ngārara West land affected by the Kāpiti Expressway 103 20. View of Waikanae hills, c.1886 107 21. Waikanae River, 1932 110 7 Introduction...

10. FERGUSON Suzanne Claudia (CSU 2010 WHG 000160) [pdf, 210 KB]

    ...the experts confirmed that there is a diverse range of opinions. The debate is both robust and lengthy. There is a clash of scientific evidence followed by polarised views as to whether ROPs provide safety or undermine safety on a quad bike. [101] There is a “Mexican standoff” between the competing factions and most recently the competing science. [102] This debate has been raging for some years and over the last two or three years there has been a direct challenge to the sc...