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1. Insley v Butler - Awanui Haparapara no 2B no 1B sec 2 (2022) 227 Waiariki MB 35 (227 WAR 35) [pdf, 404 KB]

   ...it. The house also needs to be accessible to and from the public road. Mr Kahukiwa submitted that these rights were reasonably implied when the consent of the other owners was given and in turn became corresponding obligations on the owners to protect those rights via an equitable trust. Because the rights exist in equity, they do not need to be formalised to be enforceable. [38] Mr Kahukiwa made lengthy submissions regarding the effect of the subsequent events and Court orders (...

2. LCRO 53/2023 PN v QZ (26 October 2023) [pdf, 278 KB]

   ...Standards Committee considered that the sole issue it had to determine was “whether in providing regulated services to Mr RB, Mr QZ acted in a competent and timely manner, consistent with the terms of the retainer and the duty to take reasonable care, as required by rule 3 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008” (the Rules). [80] The Committee delivered its decision on 7 March 2023. It determined, pursuant to s 138(2) of the Lawyers and Conv...

3. [2022] NZEnvC 247 Country Lifestyles Limited v Auckland Council [pdf, 441 KB]

   ...northern ridge with slopes descending at grades between 1V:6H and 1V:4H. Locally steeper grades (1V:3H to 1V:2H) descend below both ridges to the watercourse. 6. There are a number of areas of wetland and indigenous vegetation on the site that are protected by the conditions of a consent notice registered on the certificate of title. The Development Site for the retirement village is not located within these areas and adjoins parts of some of them. 7. The site is currently used for ve...

4. [2021] NZACC 74 - Brown v ACC (17 May 2021) [pdf, 350 KB]

   ...cover was relevant or not. [26] ACC asked Dr Snyman, another occupational medicine specialist, to comment on the case. In relation to the 14 December 2006 dog lifting incident, he noted that there was no record of having sought urgent medical care as one may do for an acute disc rupture. He referred to the physio notes made at the time and commented that there was no mention of any acute lumbar disc failure. He was of the view that the L5/S1 disc was not disrupted in Decembe...

5. [2023] NZEmpC 57 New Zealand Steel Ltd v Haddad [pdf, 444 KB]

   ...specifically states that the duty of good faith in s 4(1) (which includes s 4(1A)) applies when making employees redundant.21 [79] NZ Steel also submitted that Jinkinson is in doubt because it restricts the right to freedom of association, which is protected in s 17 of the New Zealand Bill of Rights Act 1990. However, the right to freedom of association is often restricted by the rules of employment law. In most cases, it is clear that those limitations are demonstrably justifiabl...

6. [2019] NZEmpC 151 Zhang v Telco Asset Management Ltd [pdf, 537 KB]

   ...hearing, I issued a direction as to the nature and scope of the non-de novo challenge, as required under s 182(3) of the Employment Relations Act 2000 (the Act). As I noted when dealing with this aspect, the making of such a direction involves a careful analysis of pleadings in order to determine the issues. I also observed that the Court is required to exercise a discretion in making the direction; s 182(3) does not contain any restrictions as to the exercise of that discretion, a...

7. [2021] NZEnvC 079 Guthrie v Queenstown Lakes District Council [pdf, 2.1 MB]

   ...of the proposed lots is less than 1ha per lot. The land use is non-complying for the same reason.6 Other elements of the proposal, being setbacks variously from internal boundaries, roads and rivers and the removal of and works within the root protection 3 Queenstown-Lakes District Council District Plan. 4 Queenstown-Lakes District Council - Proposed District Plan, Decisions Version (December 2020). 5 Rule 15.2.3.3(vi). 6 Rule 27.5.21 and Rule 24.5.1.2. [20] [21] [22]...

8. 2020-12-07 Statement of Evidence of Tom de Pelsemaeker on behalf of the ORC - Appendix C [pdf, 1.4 MB]

   ...Freshwater package includes a revised NPS-FM and a new NES for freshwater, which together will:  strengthen Te Mana o Te Wai as the framework for freshwater management  better provide for ecosystem health (water, fish and plant life)  better protect wetlands and estuaries  better manage stormwater and wastewater, and protect sources of drinking water  control high-risk farming activities and limit agricultural intensification  improve farm management practices....

9. [2022] NZEnvC 129 The Wellington Diocesan Board of Trustees v Palmerston North City Council [pdf, 13 MB]

   ...site” The land at 338 Church Street, Palmerston North, legally described as Pt Section 838 TN OF Palmerston North (held in Record of Title WN497/137). “TMP” Traffic Management Plan “CMP” Construction Management Plan “TPP” Temporary Protection Plan “ESLD” Council’s Engineering Standards for Land Development 2021 “LUD&HMP” Landscape, Urban Design & Heritage Management Plan “DR” Documentary Record “CPR” Comprehensive Photographic Record “SEMP”...

10. 2021-03-17 ORC PC7 - Transcript (up to end of day 7) [pdf, 2.3 MB]

    ...CHANGE 7 – ENV-ENV-2020-CHC-127 (08 Mar 2021) M Baker-Galloway for Otago Fish & Game Council and Central South Island Fish & Game Council P Page and B Irving For Otago Water Resource Users Group P Anderson for Royal Forest and Bird Protection Society of New Zealand Inc J Winchester and S Lennon for Te Rūnanga o Moeraki, Kāti Huirapa Runaka ki Puketeraki, Te Rūnanga o Ōtākou, Hokonui Rūnanga (Kāi Tahu Ki Otago) and Waihōpai Runaka, Te Rūnanga Ōraka o Aparima, Te...