Search Results

1. [2020] NZEnvC 024 Panuku Developments Limited v Auckland Council [pdf, 1.7 MB]

   ...amendments made to the proposed conditions to manage construction noise and vibration to deal with the demolition of the Universal Building, geotechnical issues, the storage volume for the stormwater detention tanks, and provisions dealing with vehicles exiting the basement carpark onto Valley Road. These amended proposed conditions where relevant will be dealt with in this decision when each of the issues they address are analysed. Summary of residents' concerns [43] Because...

2. Director of Proceedings v Emms [2013] NZHRRT 5 [pdf, 165 KB]

   ...asking me for a hug, or hugging her at all. I do not hug anyone. Since I went blind I have been very uncomfortable with hugging. Saturday 7 November 2009 – the non-Shiatsu massage therapy [21] The aggrieved person says that on returning to her vehicle she found she was again in agonising pain and was unable to get into the vehicle. In tears she returned to Mr Emms’ home at about 11:20am or 11:25am. Mr Emms then gave her massage therapy. It was in this context that the alleged...

3. [2019] NZEnvC 172 The New Zealand Fairy Tern Charitable Trust v Auckland Council [pdf, 13 MB]

   ...following as established on the facts: a) There has been a crossing at this point for some considerable time. It was probably established as part of the forestry planting and consisted of a hardening of the bed of the stream at this point to allow vehicles to pass down the bank and up the other side. Such a crossing would have been difficult given the steep sided banks and it seems improbable that it was used as a road for forestry logging trucks. This ford was probably used by four...

4. ENVC Matiatia applications assess environmental effects 2013 [pdf, 978 KB]

   ...Traffic & Parking 65 3.8.1 Road & Traffic Overview 65 3.8.2 Survey of Ferry Terminal Area Traffic Movements 66 3.8.3 Existing Parking Facilities & Use 66 3.8.4 Marina Parking Demands 67 3.8.5 Parking Provision & Effects 68 3.8.6 Vehicle & Pedestrian Access to the Marina 70 3.8.7 Traffic Generation and Effects of Marina Operation 70 3.8.8 Effects of Marina Construction 72 3.8.9 Construction Traffic Management Plan 73 3.9 Noise & Vibration 73 3.9.1 No...

5. [2012] NZEmpC 63 Rooney Earthmoving Ltd v McTague Whiting and Bartlet [pdf, 304 KB]

   ...which have flowed from a breach. As Cooke P said in McElroy Milne, even the House of Lords has not been able to achieve precision in English law as to how the test in contract should be formulated and whether there is any true difference between negligence in breach of a contract and negligence in breach of a tort duty. 14 Cooke P also stated that the ultimate question as to compensatory damages is whether the particular damage claimed is sufficiently linked to the breach of the...

6. [2024] NZEnvC 133 New Zealand Transport Agency - Waka Kotahi [pdf, 1.9 MB]

   ...Evening peak travel time savings of 11-15 minutes for trips from Ōtaki to north of Levin, and 6 minutes for trips from Ōtaki to Levin. • Improved community connectivity through reduced journey times, and reduction of side road delays to mostly negligible levels. • Provision of a high quality walking and cycling facility that is accessible to all adjacent communities. • Significant urban amenity improvements from removing traffic, and particularly heavy vehicles, from...

7. Miller v REAA & Robinson [2013] NZREADT 14 [pdf, 84 KB]

   ...Falls short of the standard that a reasonable member of the public is entitled to expect from a reasonably competent licensee; or (b) Contravenes a provision of this Act or any regulations or rules made under this Act; or (c) Is incompetent or negligent; or (d) Would reasonably be regarded by agents of good standing as being unacceptable. 73 Misconduct For the purposes of this Act, a licensee is guilty of misconduct if the licensee’s conduct – (a) Would reaso...

8. COVID-19 Alert Level 3 in the District Court data summary [pdf, 335 KB]

   ...from pre-COVID baseline Count Percentage Count Percentage 01: Homicide and related offences 14 1 0 0% <1 5% 02: Acts intended to cause injury 485 103 27% -18 -4% 03: Sexual assault and related offences 120 82 219% -5 -4% 04: Dangerous or negligent acts endangering persons 183 23 14% -50 -21% 05: Abduction, harassment and other offences against the person 132 29 29% 2 2% 06: Robbery, extortion and related offences 19 7 51% -8 -29% 07: Unlawful entry with intent/burglary, br...

9. COVID-19 Alert Level 2 in the District Court data summary v1.0 [pdf, 287 KB]

   ...Difference from baseline Count Percentage Count Percentage 01: Homicide and related offences 3 2 126% 2 137% 02: Acts intended to cause injury 436 -47 -10% -66 -13% 03: Sexual assault and related offences 159 41 34% 35 29% 04: Dangerous or negligent acts endangering persons 204 21 11% -29 -13% 05: Abduction, harassment and other offences against the person 113 -18 -14% -16 -12% 06: Robbery, extortion and related offences 21 1 8% -7 -24% 07: Unlawful entry with intent/burglary...

10. Satnam Singh v Shane Singh and Scorpion Liquor [2015] NZHRRT 8 [pdf, 91 KB]

    ...for membership, of an industrial union or professional or trade association: (e) access to any approval, authorisation, or qualification: (f) vocational training, or the making of an application for vocational training: (g) access to places, vehicles, and facilities: (h) access to goods and services: (i) access to land, housing, or other accommodation: (j) education. [30] As the liability of Scorpion Liquor is vicarious, the terms of s 68 of the HRA must be noted: 68 Liabi...