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1. [2024] NZEnvC 025 Shundi Queenstown Limited v Queenstown Lakes District Council [pdf, 2.6 MB]

   ...intends that full and proper account be taken of the evidence concerning how any visitor accommodation proposal of the kind proposed here would impact upon residential amenity values. That is not with the intention of necessarily maintaining or fully protecting those values. Rather, the HDR is a zone for land close to Queenstown and Wanaka CBDs and is designed to allow for materially greater density in development, including residential development, than in other residential zones. H...

2. ENV-2016-AKL-000277 Auckland Transport v KiwiRail Holdings Limited [pdf, 11 MB]

   ...to support its accelerating pattern of growth. At the time KiwiRaii was required to provide notice of its intended rollovers to the Council, those projects did not have the level of Government support they now do. KiwiRaii has undertaken a very careful and considered review of those areas, and now seeks to retain its operative designations over a limited number of areas. Leave to file this late submission was granted by the Hearings Panel on 10 November 2015. 3.2 GENERAL REASONS FOR...

3. Barlow v Phillips - Rangitoto Tuhua 55B1B and other blocks (2012) 282 Aotea MB 75 (282 AOT 75) [pdf, 419 KB]

   ...The Kotahitanga Church Building Society Incorporated as is now known (sic) was the administrator of the turangawaewae o te Atua. The elders always [claimed] that the Society was a material side of the Atua and the marae trustees were the legal protection for the marae. [63] Mr Ropata went on to emphasise that Mr Phillips always had the “final say,” and continued as follows: 10 All organisations at [Manu] Ariki, including the sub-committees and the marae trustees were taught...

4. [2024] NZEnvC 198 Middleton Family Trust v Queenstown Lakes District Council [pdf, 984 KB]

   ...environment of the activities they would enable, including any adverse effect (s76(3), RMA). Our perspective on effects encompasses predicted future effects, bearing in mind that zoning serves to enable choices for future land use, development and protection. [25] In addition to s32, RMA, other matters for consideration include the provisions of pt 2, the territorial authority's functions (under s31, RMA) and national policy statements (s74(1) RMA). However, no party contends...

5. Director of Human Rights Proceedings v Crampton [2015] NZHRRT 35 [pdf, 151 KB]

   ...prejudice to the maintenance of the law by any public sector agency, including the prevention, detection, investigation, prosecution, and punishment of offences; or (ii) for the enforcement of a law imposing a pecuniary penalty; or (iii) for the protection of the public revenue; or (iv) for the conduct of proceedings before any court or tribunal (being proceedings that have been commenced or are reasonably in contemplation); or (f) that the disclosure of the information is necessary to...

6. NO & NTO v Hakaoro [2013] NZIACDT 44 (01 August 2013) [pdf, 249 KB]

   ...affidavit were as follows. Initial consultation [56.1] The initial consultation was routine. [56.2] It was practice at Mr Hakaoro’s immigration consultancy “to have me present at all times during the consultation [when a woman was present] as a protection measure on my husband’s part to protect him from any risk of being sheeted with a complaint or complaints of a sexual nature.” [56.3] The advice Mr Hakaoro provided to the complainants was: [56.3.1] The complainants should...

7. [2015] NZEmpC 181 Allied Investments Ltd v Guise [pdf, 167 KB]

   ...that she was constructively dismissed for the following four reasons, or alleged breaches of duty: (a) Allied did not provide her with any specific information about why she was being stood down from the CPIT site; (b) Allied took no steps to protect her position at the CPIT site and failed to alert her that the incident regarding the locking of toilets was not resolved; (c) Allied denied her any opportunity to protect her employment at CPIT or on other client sites; (d)...

8. [2007] NZEmpC CC 18/07 Murphy v Steel & Tube New Zealand Ltd [pdf, 144 KB]

   ...move them. [9] It was a potentially dangerous worksite due to the nature of the product and the equipment necessary to store and handle it. The company had detailed health and safety policies which required employees to work safely and to wear protective equipment in carrying out their work. These policies were reinforced by the collective agreement which covered the employment of most staff. [10] In the afternoon of 6 December 2005, Mr Murphy was working in the steel store....

9. The Māori Trustee v Smith - Waipaoa 5A2 (2017) 72 Tairāwhiti MB 57 (72 TRW 57) [pdf, 546 KB]

   ...held to account for such conduct in breach of the Act and trust law principles. Accordingly, it is an understatement to record that it would be prudent for all trustees to ensure that they are receiving advice on these important issues if only to protect their own personal interests, given the risk of unlimited personal liability for serious breach of trust. Decision [40] The application for rehearing is dismissed. [41] All further proceedings regarding the estate and related a...

10. [2024] NZEnvC 149 Learning Houses Limited v Auckland Council [pdf, 466 KB]

    ...[1] This consent determination relates to an appeal by Learning Houses Limited against a decision of the Auckland Council refusing resource consents under the Resource Management Act 1991 (RMA), to construct a new building and to operate a childcare for 120 children with 24 staff and with associated earthworks, onsite wastewater, parking and drainage infrastructure and landscape treatment, at 75 Pomona Road, Kumeū. Application [2] Learning Houses Limited proposed to construct a ne...