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1. [2020] NZEnvC 213 Federated Farners of New Zealand Incorporated v Bay of Plenty Regional Council [pdf, 3.6 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOTI TAIAO O AOTEAROA IN THE MATTER AND BETWEEN AND AND AND AND Decision No. [2020] NZEnvC '2 t 3 of the Resource Management Act 1991 three appeals under clause 14 of Schedule 1 to the Act FEDERATED FARMERS OF NEW ZEALAND INCORPORATED (ENV-2017-AKL-146) CNI IWI LAND MANAGEMENT LIMITED (ENV-2017-AKL-148) MAORI TRUSTEE (ENV-2017-AKL-149) Appellants BAY OF PLENTY REGIONAL COUNCIL Respondent ROTORUA DISTRICT COU...

2. [2025] NZEmpC 69  Bread of Life Christian Church in Auckland v Chen [pdf, 431 KB]

   ...However, although he emphasised the singular nature of the Church, he also submitted that it was the Trust that acted as the employer in that it exercised power and control over Pastor Chen. [56] After the hearing was concluded, the Court of Appeal released its decision in Rasier Operations BV v E Tū Inc, and the Court gave the parties an opportunity to file further submissions in respect of that decision.13 Mr Pollak emphasised that the Court must focus on the real nature of th...

3. [2015] NZEmpC 35 Coy v Commissioner of Police [pdf, 592 KB]

   ...the first s 103A of the Act had yet to be enacted. The most recent and authoritative statement of the test of justification (in that case for dismissal but applicable also to disadvantage grievances) was set out in the judgment of the Court of Appeal in W & H Newspapers Ltd v Oram as follows: 7 [44] … whether it was open to the employer, acting fairly and reasonably, to have seen that [dismissal] as the appropriate response to [the employee’s] conduct. … [46] … [wh...

4. Butcher v NZ Transport Agency [2022] NZHRRT 21 [pdf, 586 KB]

   ...justified in a free and democratic society. [53] Part 1A does not define discrimination. Rather, what amounts to discrimination contrary to s 19 of the Bill of Rights Act has been judicially determined. That test is that set out by the Court of Appeal in Ministry of Health v Atkinson [2012] NZCA 184, [2012] 3 NZLR 456 (Atkinson) at [55], [109] and [135]-[136]: [53.1] First, there must be differential treatment or effects as between persons or groups in analogous or comparable situati...

5. OIA-111174.pdf [pdf, 25 MB]

   ...provided by the offender. 12. The person may apply for judicial review if they are dissatisfied with the outcome of the decision made by Police. If the decision is judicially reviewed then Crown Law will act for Police, including for any subsequent appeals. Supervision conditions 13. The returned prisoner must report to a probation officer within 72 hours of the notice being served, where the probation officer will explain the returned prisoner’s obligations under the supervision, and wha...

6. De Wet v North Shore City Council [pdf, 323 KB]

   ...respondent. In the High Court it had been found that questions of the adequacy of the foundation were known and the plaintiffs' claim failed because the plaintiffs could have acquired the knowledge of the foundation issues. In the Court of Appeal Richmond P referred to his own judgment in Jull v Wilson & Horton [1968] NZLR 88 (which was also referred to me by counsel) in which he had said that a person who creates a dangerous situation: "… cannot shelter behind...

7. MLC 2019 November National Pānui [pdf, 370 KB]

   ...Interest 52 NATIONAL PÄNUI - Whiringa-ä-Rangi / NOVEMBER 2019 MÄORI APPELLATE COURT At Rotorua | Mäori Land Court, Hauora House, 1143 Haupapa Street, Rotorua Tuesday 12 November 2019 | Judges L R Harvey, S R Clark and M P Armstrong Presiding Appeal for Hearing PÄNUI NO: TIME: APPLICATION NO: SECTION: APPLICANT: SUBJECT: S1 10:00AM A20190007086 58/93 Ruby Te Pae Clarke Appeal 2019/10 – Maketu A Section 39 Block and Lot 2 Deposited Plan South Auckland 25586 (formerly Maketu...

8. PC8 Urban Common Bundle - Volume 4 [pdf, 13 MB]

   ...mitigation or remediation, and protects people and communities. Policies Please note: Variations to parts of this chapter have been decided by Council on 18 March 2021 as part of Stage 3&3b of the PDP. You can view the Stage 3 Decisions and appeals notices on our website. The appeals and section 274 periods for the Stage 1, 2 and 3&3b Decisions have closed. CB1391 PART 5 EARTHWORKS 25 Queenstown Lakes District Council - Proposed District Plan Decisions Version (...

9. Directory of Official Information M-O [pdf, 511 KB]

   ...Zealand • two persons, being officers of the Ministry of Health, one of whom shall be appointment as chairman. Records The documents held are minutes of meetings, a file of correspondence and administrative matters, and files concerning the appeals and objections heard by the Committee. Documents relating to decision-making processes The Medicines Classification Committee uses the Members’ Handbook manuals for administrative purposes. 19 Contact The Secretary...

10. Mane - Waihou A8C1B1 (2015) 117 Taitokerau MB 215 (117 TTK 215) [pdf, 293 KB]

    ...of intention to create a trust; certainty of subject matter (that is, the property subject to the trust and the extent of the beneficial interest of each beneficiary); and certainty of objects. These requirements were summarised by the Court of Appeal in Foreman v Hazard as follows: 26 Property may be impressed with an express trust in one of two ways: either by a declaration of trust which involves a change in equitable ownership but not in legal title, or by a transfer of prope...