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1. Huang v Leung [2010] NZWHT Auckland 16 [pdf, 284 KB]

   ...can create an artificial distinction. Such a distinction does not accord with the practice of the building industry, the expectations of the community, or the statutory obligations incumbent on all those people. [36] This was confirmed on appeal in the decision of H Williams J in Boyd v McGregor6 where he stated: [28] …[T]he Court‟s view is that labels are arid ground for debate: in issue are the functions assumed by those said to be liable, what legal obligations may...

2. [2020] NZIACDT 17 - XA v Hill (10 March 2020) [pdf, 304 KB]

   ...“materials”. His reply was (verbatim): I have. I would scan and send it to you later one. I would also discuss with Helen and my Teacher. [58] Later that day, Mr Gu advised the complainant by text that he and Helen had made the decision to appeal. He said that her best option was to go to the provincial 10 city. She replied that someone else had been sent. Mr Gu then said that if she went, once she had been there for six months, “the result would come out”. To thi...

3. [2021] NZEnvC 027 Director-General of Conservation v Taranaki Regional Council [pdf, 1.8 MB]

   BEFORE THE ENVIRONMENT COURT AT AUCKLAND I MUA I TE KOTI TAIAO O AOTEAROA KI TAMAia MAKAURAU Decision No. [2021] NZEnvC 27 IN THE MATIER of six appeals under s 120 and/ or s 174 of the Resource Management Act 1991 for Mount Messenger Bypass proposed State Highway 3 between Uruti and Ahititi, North Taranaki BETWEEN DIRECTOR-GENERAL OF CONSERVATION AND AND AND AND AND (ENV-2019-WLG-000003) (ENV-2019-WLG-000004) TE RUNANGA O NGATI TAMA TRUST (ENV-2019-WLG-000005)...

4. [2017] NZEmpC 68 Matsuoka v LSG Sky Chefs NZ Ltd [pdf, 272 KB]

   ...decision-maker. Preliminary portions of that investigation can, 5 Irvines Freightlines Ltd v Cross [1993] 1 ERNZ 424. 6 Ioane v Waitakere City Council [2003] 1 ERNZ 104 (subsequently reversed on appeal in Waitakere City Council v Ioane [2004] 2 ERNZ 194 (CA), but only on the Employment Court’s approach to remedies). 7 At [24]-25]. and in many cases must, be delegated to others. But in the end, the decision- maker...

5. [2020] NZEnvC 103 Taranaki Energy Watch Inc v South Taranaki District Council [pdf, 1.2 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA Court: Hearing: IN THE MATTER AND BETWEEN AND Decision No [2020] NZEnvC 103 of the Resource Management Act 1991 of an appeal under clause 14 of the First Schedule of the Act TARANAKI ENERGY WATCH INCORPORATED (ENV-2016-WLG-80) Appellant SOUTH TARANAKI DISTRICT COUNCIL Respondent Environment Judge J E Borthwick Environment Commissioner J A Hodges Environment Commissioner J T Baines In Chambers at...

6. Cotter v Cotter - Tutaekuri B13 [2019] Chief Judge's MB 951 (2019 CJ 951) [pdf, 471 KB]

   ...MB 516-575 (2019 CJ 516-575). 8 Ashwell – Rawinia or Lavinia Ashwell (nee Russell) [2009] Chief Judge’s MB 209 (2009 CJ 209). 9 Tau v Nga Whānau O Morven and Glenavy – Waihao 903 Section IX Block [2010] Māori Appellate Court MB 167 (2010 APPEAL 167). 2019 Chief Judge’s MB 964 (a) Whether there was a mistake in the presentation of facts to the Court; and (b) If so, is it necessary in the interests of justice to remedy the mistake or omission. Was there a mistake or om...

7. LA Provider Manual Part 1 - provider approvals [pdf, 990 KB]

   ...lawyer Clause 7 Police Detention Legal Assistance Clause 8 Civil Clause 9 Family Clause 10 Māori Land/Māori Appellate Courts Clause 11 Waitangi Tribunal Clause 12 Mental Health Clause 13 Refugees and Protected Persons Clause 14 Court of Appeal and Supreme Court In this chapter This chapter contains the following sections: Section See Page Application requirements 19 Approval types 20 Criteria for approval – all applicants 21 Specific criteria for approval �...

8. ENVC Hearing 6Oct14 DM expert Robert Greenway [pdf, 2.7 MB]

   ...working on the Lyttelton Port Company’s earthquake recovery plan, which includes a marina development. I undertook some preliminary research on the Tairua Marina proposal but did not present evidence as I was unable to support my client’s appeal case. 9. Recreationally, I am an experienced sailor, and own a 9.45m keeler which is housed in the Nelson Marina. I can claim almost 50 years of boating experience, having been born while my parents were living aboard a home-built ya...

9. [2023] NZEnvC 045 Gray v Dunedin City Council [pdf, 527 KB]

   GRAY & SINCLAIR-GRAY v DCC – DECISION IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2023] NZEnvC 45 IN THE MATTER of the Resource Management Act 1991 AND an appeal under s120 of the Act BETWEEN G S GRAY AND K M SINCLAIR- GRAY (ENV-2022-CHC-024) Appellants AND DUNEDIN CITY COUNCIL Respondent Court: Environment Judge P A Steven Environment Commissioner S Myers Hearing: at Dunedin on 14 December 2022 Appearance...

10. [2019] NZEnvC 110 Western Bay of Plenty District Council v Bay of Plenty Regional Council [pdf, 1.7 MB]

    BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA Court: Hearing: Submissions: IN THE MATTER AND IN THE MATTER BETWEEN AND AND Decision No. [2019] NZEnvC l \ 0 of the Resource Management Act 1991 of an appeal pursuant to cl 14 of Schedule 1 to the Act WESTERN BAY OF PLENTY DISTRICT COUNCIL (ENV-2015-AKL-000127) Appellant BAY OF PLENTY REGIONAL COUNCIL Respondent PORT BLAKELY LIMITED, CARRUS CORPORATION LIMITED, TKC HOLDINGS LIMITED, NGA...