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BI-309448-3-484-V3 BEFORE THE ENVIRONMENT COURT CHRISTCHURCH REGISTRY ENV-2016-CHC-47 IN THE MATTER of an appeal under Section 120 Resource Management Act 1991 BETWEEN BLUESKIN ENERGY LIMITED Appellant AND DUNEDIN CITY COUNCIL Respondent BRIEF OF EVIDENCE OF DIANE JEAN LUCAS ____________________________________________________________ GALLAWAY COOK ALLAN LAWYERS DUNEDIN Solicitor on rec...
...rights. The matter was touched upon by Judge Couch in Salt v Fell: 4 … The extent to which an employee's activities outside of working hours and outside the workplace may be taken into account by the employer was discussed by the Court of Appeal in Smith v Christchurch Press Co Limited [2000] 1 ERNZ 624; [2001] 1 NZLR 407 (CA). At para 25 the Court noted a submission that the categories of cases in which the employer can be said to have a legitimate interest in conduct o...
...includes indirect abuse such as putting them at risk of seeing or hearing abuse of a family member. Emotional abuse Psychological abuse can also involve emotional abuse including behaviours such as playing mind games, manipulating someone by appealing to feelings of guilt, shame, and worthlessness, verbal putdowns and ridicule, non-verbal actions, such as withdrawal, refusal to communicate, and rude or dismissive gestures. Emotional abuse can be the most difficult form of abuse to...
...this permit, any new application should be lodged at least 6 months prior to the expity date o f this permit. Applying at least 6 months before the expiry date may enable you to continue to exercise this permit until a decision is made, and any appeals are resolved, on the replacement application. 2. The water meter and datalogger unit should be safely accessible by the Consent Authority and its contractors at all times. Issued at Dunedin this 7th day o f July 2017 Christopher P....
...established the relevant humiliation and injury to feelings and loss of dignity can be inferred from the circumstances of the breach. See Marks v Director of Health and Disability Proceedings [2009] NZCA 151, [2009] 3 NZLR 108 at [67] where the Court of Appeal accepted in relation to the materially indistinguishable provisions of s 57(1)(c) of the Health and Disability Commissioner Act 1994 that even where the person aggrieved is deceased the relevant humiliation, injury to feelings and l...
...that the Court’s task is to examine objectively the employer’s decision-making process and determine whether what the employer did, and how it was done, were what a fair and reasonable employer could have done. 18 Recently, the Court of Appeal discussed s 103A, observing: 19 [46] It is apparent that the effect of the statute is that there may be a variety of ways of achieving a fair and reasonable result in a particular case. As the Court in Angus observed, the requirem...
Topic 15: Mangroves IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2022] NZEnvC 157 IN THE MATTER OF appeals under clause 14 of the First Schedule of the Resource Management Act 1991 regarding Topic 15 Mangrove Provisions – Proposed Northland Regional Plan BETWEEN MANGAWHAI HARBOUR RESTORATION SOCIETY INCORPORATED (ENV-2019-AKL-110) CEP SERVICES MATAUWHI LIMITED (ENV-2019-AKL-111) BAY OF ISLANDS MARITIME PARK IN...
BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA Court: IN THE MATTER AND BETWEEN AND Decision No. [2019] NZEnvC 19 of the Resource Management Act 1991 of an appeal pursuant to section 120 of the Act WILLOWRIDGE DEVELOPMENTS LIMITED (ENV-2017 -CHC-027) Appellant QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Environment Judge J R Jackson Environment Commissioner D J Bunting Hearing : In Chambers at Christchurch Final submissions received 12 Janua...
...unworkable standard. See Christopher McCrudden “Human Dignity and Judicial Interpretation of Human Rights” (2008) 19 EJIL 655 at 706. In Marks v Director of Health and Disability Proceedings [2009] NZCA 151, [2009] 3 NZLR 108 at [67] the Court of Appeal rejected a submission that the matters referred to in s 57(1)(c) are wholly subjective and held once breach of the Code is established, the relevant humiliation, injury to feelings and loss of dignity can be inferred from the circum...
...Entry last updated on 31 January 2022 Te Ope Kaatua o Aotearoa Acts administered Legislation administered by the New Zealand Defence Force (NZDF): • Armed Forces Canteens Act 1948 • Armed Forces Discipline Act 1971 • Courts Martial Appeals Act 1953 • Defence Act 1990 • Military Decorations and Distinctive Badges Act 1918 • Military Manoeuvres Act 1915 • Visiting Forces Act 2004 Functions and responsibilities The Defence Act 1990 provides for armed forces to...