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  1. ENVC Hearing 6Oct14 WML evidence chief Jon Styles [pdf, 425 KB]

    ...application for Resource Consent was lodged. Since that time, the noise-related provisions of the Operative Auckland City District Plan – Hauraki Gulf Islands Section, (ODP) have become fully operative following the resolution of all related appeals. Notwithstanding, very little of the proposal is above Mean High Water Springs (MWHS) and therefore subject to the ODP provisions. Most of the noise-generating aspects of the proposal are located below MWHS and are therefore subj...

  2. DA v EB LCRO 7/2013 (26 August 2014) [pdf, 125 KB]

    ...has broad powers to conduct her own investigations, including the power to exercise for that purpose all the powers of a Standards Committee or an investigator, and seek and receive evidence. The statutory power of review is much broader than an appeal, and gives the LCRO discretion as to the approach to be taken on any particular review, and the extent of the investigations necessary to conduct that review. Review hearing [43] Ms DA attended a review hearing in Auckland on 11 Ma...

  3. Matsuoka v E Tū Incorporated (Preservation Orders) [2018] NZHRRT 49 [pdf, 824 KB]

    ...internal departments and/or individuals who may have access to the Information of the obligations imposed by paragraph 1 (a) above. c That the above orders continue until further order of the Tribunal, or the conclusion of the proceedings (including any appeals). [7] The grounds on which the order are sought are as follows: a The Information sought by the plaintiff relates to events occurring as early as 2011. b The Tribunal is unlikely to hear and determine the plaintiffs case before...

  4. MLC 2019 February - OCR Outstanding Applicaitons [pdf, 371 KB]

    ...216-222 on 19 March 2015 - Application to the Chief Judge A20180008889 58/93 Riki Ngatoki, Hayward Brown Ngaiotonga A3 - and a decision to dismiss an injunction application at 181 Taitokerau MB 165-184 dated 24 September 2018.- Notice of Appeal A20180009091 45/93 Rau Trevor Brown Te Irihanga 2A Block & 6 others - and a transfer of shares made at 31 Waikato-Maniapoto MB 180-191 on 25 October 2011 - Application to the Chief Judge

  5. AJE, CDE, and JPS as Trustees of the EE Family Trust v Vero Insurance New Zealand Ltd [2020] CEIT-2020-0009 [pdf, 348 KB]

    ...met. 4 [1854] 9 Exch 341 5 [1949] 2 KB 528 25 [130] The test of remoteness in tort is wider as it does not encompass the element of the contemplation of the parties. Where concurrent liability exists, as here, the English Court of Appeal considered the more confined contract test should apply.6 [131] However, if the negligence test did apply, I have concluded that it was also met. [132] Both Counsel set out the current law on causation in the negligence context in...

  6. ENVC Hearing 27Jul15 WML suppl rebuttal Maxwell Dunn [pdf, 962 KB]

    ...rebuttal evidence relates to the plans and associated information for a revised 112 berth marina and associated marina parking and public promenade/viewing platform deck that was provided by Waiheke Marinas Ltd (WML) to the Court and parties to the appeal on 22 May 2015. It responds to matters covered in the evidence of the following witnesses: (a) Mr Serjeant on behalf of Direction Matiatia Inc (DMI). (b) Ms Bremner on behalf of the Auckland Council (Council). 4. I have rea...

  7. Van Wey Lovatt v Health New Zealand (Strike-Out) [2023] NZHRRT 37 [pdf, 202 KB]

    ...District Court [2012] NZHC 3413, [2013] NZAR 219 at [16]. 27 See Attorney-General v Hill (1993) 7 PRNZ 20 (CA) at 23. 28 See Attorney-General v Collier [2001] NZAR 137 (HC) at [35]. 29 See Attorney-General v Brogden [2001] NZAR158 (HC)a t [58] (appeal dismissed in Brogden v Attorney-General [2001] NZAR 809 (CA)). 30 Mackerel v Universal College of Learning HC Palmerston North CIV-2005-485-000802, 17 August 2005 (Mackerel). 31 Collier v Panckhurst CA 136/97, 6 September 1999 at [19]....

  8. Final-Technical-Assessment-F-Hydrology-and-Flooding-updated-23-Dec-2022_Part1.pdf [pdf, 20 MB]

    ...hydrology and flood conveyance include the National Policy Statement Freshwater Management ("NPSFM"), Horizons Regional Policy Statement / One Plan, Greater Page 27 Wellington Regional Policy Statement / Natural Resources Plan (Appeals Version), Kāpiti Coast District Plan and Horowhenua District Plan. 93. By way of summary, some of the planning provisions or requirements that have influenced the design and assessment seek: (a) an integrated response to natural...

  9. [2016] NZEmpC 100 Secretary for Education v NZ Educational Institute Te Riu Roa [pdf, 209 KB]

    ...11 Silver Fern Farms Ltd v New Zealand Meat Workers and Related Trades Unions Inc [2010] NZCA 317, [2010] ERNZ 317 at [36] – [37]. 12 Air New Zealand Ltd v New Zealand Airline Pilots Assoc Inc [2016] NZCA 131, [2016] 2 NZLR 829; leave to appeal this decision to the Supreme Court on an issue of jurisdiction has been granted: New Zealand Airline Pilots Assoc Inc v Air New Zealand Ltd [2016] NZSC 84. 13 New Zealand Professional Firefighters Union v New Zealand Fire Service Com...