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1. [2024] NZEnvC 294 Whakatane District Council v Ohope International Golf Club Incorporated [pdf, 1.6 MB]

   ...It is surmised that establishment and regeneration of pōhutukawa at this site is limited by a number of factors, including: • Competition and shade (pōhutukawa require essentially bare substrate to establish); Rabbit browse (seedlings are unprotected by other vegetation cover and juvenile foliage is very palatable); • Juvenile pōhutukawa are frost-sensitive, and sheltered dune hollows (where vegetation is sparser) are likely to experience periodic frosts during...

2. LCRO 36/2023 TL v RY and SK (4 July 2024) [pdf, 180 KB]

   ...inquire into the complaint under s 137(1)(a) of the Lawyers and Conveyancers Act 2006 (the Act) on the express basis that the Guidelines constituted ethical obligations under r 13.12(d) of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules). [17] It declined a number of requests from the applicant to exercise its statutory power to appoint an investigator. 4 [18] In its decision dated 7 March 2023, it set out in some detail the differing view...

3. Air New Zealand Ltd v Lavender (Work Related Gradual Process Injury) [2024] NZACC 26 [pdf, 200 KB]

   ...environment separately. Dr Walls is correct in saying that respiratory droplet spread is the main transmission vector, that the main benefit of mask-wearing is to stop this from an infected person at the source, and that the N95 mask offers better protection to a non-infected person than a surgical one because the latter filters out only the larger aerosol particles whereas the N95 traps both large and small. He is wrong in implying that masks are ineffective as a barrier, however,...

4. Lohr v Accident Compensation Corporation [2016] NZHRRT 31 [pdf, 306 KB]

   ...was the counter-foil to the closed bundle. Read together, the open and closed versions of the documents allowed ready verification of what had been withheld. [27] The Tribunal acknowledges the assistance it has received from both parties by the careful preparation of the documentary evidence. The presentation of the ACC closed bundle was exceptional in both layout and presentation. [28] Before making our findings on the open and closed evidence it is necessary to first identify the...

5. Effective Lawyering in the New Plan Making Paradigm [pdf, 588 KB]

   ...residential capacity for the purposes of considering urban growth objectives and policies; and  the assessment of the landscape values and the potential development costs of viewshafts of the maunga for the purposes of reviewing the schedule of protected viewshafts. [21] These conferencing exercises were substantial, occurring over an extended period while other hearings were going on. They both went back to the basic data available and developed or built on techniques for usi...

6. 15.-Evidence-of-Mr-Gregor-McLean-Erosion-and-Sediment-Control64012503.1.PDF [PDF, 224 KB]

   ...proposed clarity standards across the Project ranging from 100mm – 200mm clarity.11 Mr Brown considers that while a discharge standard will provide some certainty,12 it is possible that meeting the discharge standard will not always result in the protection of the stream values. 59. All ESC devices will be designed, installed and operated in accordance with the approved ESCP and each SSESCP, which are based on the Guidelines. 11 Section 87F Report, Appendix 3, Technical Repo...

7. [2025] NZREADT 06 - UX v REAA (19 February 2025) [pdf, 292 KB]

   ...pursue the complaint on the ground that it was inconsequential, under s 74(3)(a) of the Act. The licensees’ conduct was found to be consistent with their obligations under the Act and the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Rules). [3] The complainant has sought review of the Registrar’s decision in the Tribunal. An interlocutory issue has arisen, as the Registrar made the decision having taken into account confidential information f...

8. [2024] NZEnvC 044 Donaldson v Queenstown Lakes District Council [pdf, 5.7 MB]

   ...vulnerable to development creep. The area where the Lifestyle Precinct meets the ONF boundary (at the eastern end of the unit) is also vulnerable to development creep, and so a Building Restriction Area has been included on the web mapping application to protect the more sensitive upper slopes. Visibility of the development throughout the elevated slopes along the southern edge of the unit. Queenstown Lakes District Council - Proposed District Plan Decisions Version (June 2022) 24-14 L...

9. E96 Phillip Ware - Contaminated Land & Groundwater - RE – Applicant [pdf, 9 MB]

   ...Should material need to be sourced from off site and not from a licenced quarry I consider that the flexibility afforded by the revised wording, specifically the term “adequately investigated” provides both an adequate level of environmental protection and a practical pathway for material approval. 4.5 For these reasons I consider the wording change to the Draft RAP requested by Ms Jukic to be appropriate. As such an amended version of the Draft RAP is attached to this rebutta...

10. [2015] NZEmpC 92 Hally Labels Ltd v Powell [pdf, 426 KB]

    ...which the Company may from time to time engage in business; customer lists, customer requirements, performance reports, or profitability figures or reports;  information pertaining to any other employee or customer of the company that is protected from disclosure under the Privacy Act 1993. [45] The obligation on Mr Powell in respect of the confidential information, which he is alleged to have misused, and subsisting not only after termination of employment but during empl...