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1. ENVC Hearing 6Oct14 TGKL lay attach 5 marine pollution [pdf, 389 KB]

   ...Australia b Marine Biological Association of the UK, Citadel Hill, Plymouth PL1 2PB, UK a r t i c l e i n f o Keywords: Metals Fouling Accumulation UK Non-indigenous species Saccharina latissima 0025-326X/$ - see front matter � 2011 Elsevier Ltd. A doi:10.1016/j.marpolbul.2011.07.009 ⇑ Corresponding author. E-mail address: e.johnston@unsw.edu.au (E.L. John a b s t r a c t Boat harbours are an increasingly common form of artificial habitat. This paper presents a comparative study of conta...

2. Hall v Auckland Council [2012] NZWHT Auckland 6 [pdf, 228 KB]

   ...relation to a claim in accordance with the law. [100] Under section 17 of the Law Reform Act 1936 any tortfeasor is entitled to claim a contribution from any other tortfeasor in respect of the amount to which it would otherwise be liable. [101] The basis of recovery of contribution provided for in section 17(1)(c) is as follows: Where damage is suffered by any person as a result of a tort… any tortfeasor liable in respect of that damage may recover contribution from...

3. [2012] NZEmpC 96 South Pacific Meats Ltd v Mohammed [pdf, 238 KB]

   ...company other than the plaintiff would have necessitated changes to the conditions of his visa in any event. [100] I am satisfied that Mr Mohammed took reasonable steps, in the circumstances, to mitigate his losses. Compliance order? [101] The defendant seeks a compliance order under s 137, requiring the company to re-instate him to the position of halal slaughterman on the day shift. The power to order compliance is discretionary. Such an order may be made where the...

4. Adlam v Reihana - Himatangi 1H1A (2022) 447 Aotea MB 1 (447 AOT 1) [pdf, 658 KB]

   ...fulfilling tikanga aspirations of ahi kaa. [100] Mana is not compromised. In fact, the mana of the block is enhanced by the return of one its uri to his whenua and the complete owner engagement to work towards a long- term vision for the block. [101] The block as a taonga to be handed down through the generations is not compromised. In fact, it is strengthened by the desire of an owner to live on his whenua and to have any future uri also enjoy the cultural and spiritual be...

5. Auckland Standards Committee 2 v Holland [2022] NZLCDT 9 (3 March 2022) [pdf, 216 KB]

   ...proper matters for professional discipline because she never provided regulated services in these matters. At the hearing, this screen collapsed in face of the clear statutory provision. 9 Ms Holland’s affidavit 27 May 2021, Ex A at [36]; NoE 101, line 5; as to character as a loan see Bundle p 79 at [38] and NoE 102. 10 Ms Holland’s affidavit 11 December 2017, at [38](a)(iii), Bundle p 78. 11 Bundle p 191, line 18. 12 Mr Woodcock’s affidavit 26 April 2018. 13 [2017] NZHC 663...

6. [2023] NZEnvC 079 Royal Forest and Bird Protection Society of New Zealand Incorporated v Dunedin City Council [pdf, 456 KB]

   ...41 Invercargill Airport Ltd v Invercargill City Council [2018] NZEnvC 009, at [33]-[34]. 29 (c) where prejudice to a party exists; and (d) where there are potentially a large number of persons affected greater than the public generally. [101] The decision identifies some of the factors that might count against the court exercising its jurisdiction under s293, including whether a potentially large number of persons are affected greater than the public generally. The court furthe...

7. Harris v Department of Corrections [2013] NZHRRT 15 [pdf, 125 KB]

   ...his possession through proper channels within Corrections (such as the warrant signed by Thorp J and the documents served at the request of Jackson Russell) or as possibly having come into his possession via a route other than a café in Albany. [101] Added to this we have concluded that the claimed circumstances in which the three anonymous letters arrived in the possession of Mr Harris are highly suspicious, as are the writing characteristics which appear not only in the documents thems...

8. Trustees of Te Ngae Farm Trust v Trustees of the Ngāti Rangiteaorere Koromatua Council - Te Ngae Farm Trust (2015) 118 Waiariki MB 92 (118 WAR 92) [pdf, 280 KB]

   ...Trust. She subsequently filed an affidavit on 2 October 2014. Unfortunately, due to medical reasons Ms Fenwick was unable to attend either of the Court hearings and accordingly was unable to be cross-examined on her evidence. 118 Waiariki MB 101 [32] Counsel for NRKC argued that Ms Fenwick’s absence was prejudicial to NRKC. He submitted that, counsel for Ms Fenwick, Mr McKechnie, had been adamant that all witnesses should be cross-examined. Therefore, without Ms Fenwi...

9. [2019] NZEnvC 184 Ngati Whatua Orakei Whai Maia Limited v Auckland Council [pdf, 25 MB]

   ...recorded: All Mana Whenua tribes participating in the appeals are parties to the Tamaki Makaurau Collective Deed of Settlement between the Crown and Nga Mana Whenua o Tamaki Makaurau dated 5 December 2012 ("Deed"), which states at Part 10: 10.1 Nga Mana Whenua o Tamaki Makaurau and the Crown acknowledge and agree that- 10.1.1 the Waitemata and Manukau harbours are of extremely high spiritual, ancestral , cultural, customary and historical importance to Nga Mana Whenua o T...

10. Education and Training Bill Advice [pdf, 275 KB]

    ...with the New Zealand Bill of Rights Act 1990: Education Amendment Bill (No 2)’, publicly available at https://www.justice.govt.nz/assets/Documents/Publications/bora-education-amendment-bill-two.pdf. 42 See, for example, Hamed v R [2011] NZSC 101, [2012] 2 NZLR 305 at [161] per Blanchard J. https://www.justice.govt.nz/assets/Documents/Publications/bora-education-amendment-bill-two.pdf - clauses 365 and 369 do not provide authority to enter dwelling houses without consent; -...