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1. [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)...

2. [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....

3. 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...

4. [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...

5. 22.-Evidence-of-Mr-Andrew-Curtis-Air-Quality.PDF [PDF, 1.6 MB]

   ...paragraphs 33 to 37 of Technical Assessment C. 6 Accessible at https://www.nzta.govt.nz/assets/Highways-Information-Portal/Technical-disciplines/Air-quality/Air- pollution/NZTA-Air-quality-assessment-guide-Oct-2019.pdf Page 6 intended to be protective of health for the most vulnerable members of the population. Stage 3 Assessments 25. A detailed Stage 3 assessment using the CALPUFF dispersion model was undertaken for Ō2NL between Ohau and North of Levin. CALPUFF is the...

6. [2023] NZEnvC 200 Hanan v Queenstown Lakes District Council [pdf, 727 KB]

   ...for a 75m setback for this boundary).36 32 Pflüger EIC, at [30]. 33 Mellsop EIC, at [8.6]. 34 Mellsop EIC, at [8.7]-[8.8], [8.13]. 35 Mellsop EIC, at [8.12]. 36 Mellsop EIC, at [11.14]. 17 Lay evidence [46] The importance of protecting the Arrowtown UGB and avoiding urban creep along the western edge of McDonnell Road were strong themes in the lay evidence. [47] Mr Dave Hanan explained the longstanding desire of members of the Arrowtown community for land on th...

7. [2024] NZEnvC 187 Gisborne District Council v Barraclough [pdf, 6.2 MB]

   ...the eastern pond undergoes rectification and remains operational. Figure 2.1 — Area to be Mulched. To stabilize the area, hay/straw mulching has been proposed: This method involves spreading a layer of hay or straw over the soil surface to protect it from the erosive forces of wind and water. The hay acts as a barrier, \ reducing the velocity of runoff water and preventing soil particles from being dislodged and carried away. \ Hay mulching is also favoured for its effectivene...

8. Appendix-13-Combined-Section-92-NOR-and-Resource-Consents.pdf [pdf, 771 KB]

   ...at the point(s) of abstraction and at the most sensitive downstream environment. 7. Further to point 6, can the Applicant please provide an assessment of the effects of the proposed abstractions on other water takes? This assessment should pay careful attention to the potential effects on other water takes in highly allocated areas, where the proposed instantaneous rate of take as a proportion of river flow is disproportional to the proportion of the core allocation being sought, and w...

9. [2021] NZEnvC 007 JJ Limited v Dunedin City Council [pdf, 246 KB]

   ...generate industrial and commercial traffic;  the East Taieri Primary School is located on the corner of Gladstone Road and Cemetery Road immediately west of JJ Ltd’s McGlashan Street site;  there is a consented but yet to be constructed aged care facility located at the south western end of Cemetery Road, with this development expected to generate a significant volume of traffic; 19 Transcript (Page) at pp 5, 9 and elsewhere. 20 Fisher, EiC at [11]-[39]. 9  t...

10. [2024] NZEnvC 224 Gisborne District Council v Barraclough [pdf, 6.1 MB]

    ...the eastern pond undergoes rectification and remains operational. Figure 2.1 — Area to be Mulched. To stabilize the area, hay/straw mulching has been proposed: This method involves spreading a layer of hay or straw over the soil surface to protect it from the erosive forces of wind and water. The hay acts as a barrier, \ reducing the velocity of runoff water and preventing soil particles from being dislodged and carried away. \ Hay mulching is also favoured for its effectivene...