Search Results

1. [2008] NZEmpC WC 17/08 Witcombe v Clerk of the House of Representatives [pdf, 219 KB]

   ...a constitutional expression of parliamentary autonomy and are a means to achieving an effectively functioning legislature. Parliamentary privilege is designed to remove any impediments or restraints to the Legislature going about its work. [101] As McGee also notes at p605: The privileges, powers and immunities conferred on the legislature as parliamentary privilege inevitably involve the imposition of corresponding duties, liabilities and disabilities on other persons who are ma...

2. [2012] NZEmpC 63 Rooney Earthmoving Ltd v McTague Whiting and Bartlet [pdf, 304 KB]

   ...majority of deponents had been more than happy to provide work to REL prior to the departure of the defendants in May 2004. It is also notable that some of those deponents provided work to REL subsequent to the departure of the defendants. [101] For these reasons, I reject Mr Bijl’s contention that I should deduct from BMW’s turnover a total sum in excess of $1,100,058 for a thirteen month period. If that figure had been projected forward over the remainder of the three years,...

3. [2023] NZEnvC 226 Scaife v Queenstown Lakes District Council [pdf, 1.2 MB]

   ...to ensure: … c. in the Matakauri Rural Visitor Zone, that any buildings are positioned and/ or screened (including by vegetation and/or existing buildings) so that they are reasonably difficult to see from beyond the boundary of the Zone. [101] In Pol 46.2.2.4, that would be as follows: Manage the effects of buildings and development on landscape values, landscape character and visual amenity values by: a. controlling the colour, scale, design, and height of buildings and asso...

4. Smith v Waitakere City Council [pdf, 220 KB]

   ...between the terms ‘water’ and ‘moisture’ and I conclude that the term ‘water penetration’ was intended to qualify both to the extent that claims under the Act may involve water penetration from above, or below a dwellinghouse. [101] To summarise the position then, it is sufficient to say that an adjudicator has jurisdiction to determine any claim made in relation to the cause or consequence of the penetration of a Claimant’s dwellinghouse by water. [102] In this...

5. Savage v Adlam – Lot 39A Sec 2A Parish of Matatā (2014) 95 Waiariki MB 176 (95 WAR 176) [pdf, 561 KB]

   95 Waiariki MB 176 IN THE MĀORI LAND COURT OF NEW ZEALAND WAIARIKI DISTRICT A20080003007 A20080012477 A20120010123 UNDER Sections 231, 238 and 240, Te Ture Whenua Māori Act 1993 IN THE MATTER OF Lot 39A Sec. 2A Parish of Matatā and Lot 39A Sec. 2B No. 2B No. 2A Parish of Matatā BETWEEN HELEN MARIA SAVAGE AND RAELYN ARIHIA PEITA AS TRUSTEES OF THE OTONGA WHĀNAU TRUST Applicants AND RAE BEVERLY ADLAM, AS TRUSTEE OF THE MATATĀ PA

6. ENVC Hearing 6Oct14 AC revised evidence chief Bremner final [pdf, 860 KB]

   ...Wharves. The Proposal may maintain accessibility in the short term provided Mr Shumane’s recommendations can be implemented, but doubt remains as to the longer term scenario. The Proposal was not anticipated to enhance accessibility. 101. The Proposal was considered to be contrary to Objective 13.3.3 - Roading and its Policies 1, 2 and 6. The Proposal would convey an access right for some private vehicles through an area identified for passenger transport priorities. I r...

7. LCRO 69/2021 ID v KZ and UG (7 September 2023) [pdf, 327 KB]

   ...last day if he had known that the time limit was critical. He says that Mr ID told him it was not. [100] The matter is not directly relevant to the fees assessment because Mr ID was not charging on a time basis for something he did not do. [101] My second observation about urgency does not relate to any legal process but to the need for the complainants to receive considered advice on the imprudence of both entering into the unconditional settlement agreement with the vendors and com...

8. MLC-MAC - Retention & disposal appraisal report [pdf, 1 MB]

   ...class are recommended for retention as public archives. Māori Land Court Retention and Disposal Schedule Appraisal Report 40 Records recommended for retention as public archives: Ref. no. Record type Description Disposal criteria 10.1 Requests and/or applications for derivation searches and confirmation of ownership of interests in Māori Land Requests and/or applications to the Court to research and confirm the ownership of interests in Māori land through a...

9. Miller-Hard v Stewart [pdf, 277 KB]

   ...that are inclusive of GST, I do not need to make any further additions. Claim No 00765 – Miller-Hard page 33 of 60 6.10 Consultant’s Fees 6.10.1 The Owners are claiming an amount of $1,330.00 for fees paid to Mr Murphy for his inspection and report done in January 2004. 6.10.2 This fee is a part of the Owners’ costs associated with this adjudication. I will not consider it...

10. [2022] NZEnvC 016 Federated Farmers of New Zealand v Northland Regional Council [pdf, 2.3 MB]

    ...watercourse is a permitted activity, provided: 27 - induce noticeable slumping, pugging or [100] 'Livestock' is defined in the plan as dairy cows, dairy support cattle, beef cattle, pigs and deer. The definition has not changed. [101] The Minister and Forest and Bird now also seek to extend that condition to sheep. The Council submits that this amendment is beyond the scope of submissions. [102] The submission of the Minister also sought to include new wording that ac...