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1. [2021] NZEmpC 169 Smiths City (Southern) Ltd (in receivership) v Claxton [pdf, 518 KB]

   ...Claxton competing with Smiths City? [27] The first issue is, was Mr Claxton operated his own business that competed with Smiths City while he was employed by it? The answer is yes. He did so in three distinct ways over time. [28] Mr Claxton formed a business relationship with Ms Wilde and, through her, gained access to a company she operated called Can Do Flooring Ltd. Despite the similarity in names between Ms Wilde’s company and the company subsequently incorporated by Mr...

2. 2021-05-18 Trustpower - ORC PC7 - opening submissions [pdf, 728 KB]

   ...controlled activity Rule 10A.3.1 mean that Trustpower faces either a controlled activity consenting pathway that would notably reduce Trustpower’s total authorised takes compared to current consented takes, or a non-complying activity pathway. The former would impact on generation capacity and result in inefficient use of resources (including existing infrastructure resources). The latter would involve material consenting risks. (iii) In addition, PC7 includes very directive pro...

3. 2020-12-07 Statement of Evidence of Tom de Pelsemaeker on behalf of the ORC [pdf, 938 KB]

   ...the Environment Court Practice Note 2014. I have complied with the Code of Conduct when preparing my written statement of evidence and will do so when I give oral evidence. 10 The data, information, facts and assumptions I have considered in forming my opinions are set out in my evidence. The reasons for the opinions expressed are also set out in my evidence. 11 Other than where I state I am relying on the evidence of another person, my evidence is within my area of expertise. I h...

4. 2021-03-24 Transcript up to end of day 10 [pdf, 3.8 MB]

   ...to the 30 provisions of the NPS on a case by case, on the resource consent application context. Where that policy hasn’t been articulated in a water plan or in the new land water plan, what then are the Council’s – what weight – what informs the 26 OTAGO REGIONAL COUNCIL PLAN CHANGE 7 – ENV-ENV-2020-CHC-127 (08 Mar 2021) outcomes what is left to be determined on the case by case or is uniformed by a regional plan of action, if you like, with the water plan? MR M...

5. Fish & Game - EiC - J W Hayes - Ecological Flow (5 Feb 2021) [pdf, 1.6 MB]

   ...capacity, ecosystem health, mahika kai and fishery amenity will be adversely affected. And the more important an instream value is, the less reduction in flow or modelled habitat and other ecological attributes is acceptable. 35 When there is no information from hydraulic-habitat modelling or research on ecological–flow responses, minimum flow and allocation limits are usually based on percentage flow alteration—often referenced to the MALF, which is recognised as an ecologic...

6. [2014] NZEmpC 189 H v A Ltd [pdf, 349 KB]

   ...that an incident had occurred. The Deputy Fleet Manager recorded Mr B’s notification in an email to the Fleet Manager, Mr H Pearce. On the same day, Ms C provided a written statement by way of complaint. [29] Mr Pearce considered this information on 21 August 2013 and decided it was appropriate to investigate matters further. He considered it was important to capture as much information as possible from the crew and set about interviewing them. On the same day, aware that a...

7. [2022] NZEnvC 6 Otago Regional Council - Primary Sector Provisions (Rural) [pdf, 3.3 MB]

   ..._______________________________________________________________ DECISION OF THE ENVIRONMENT COURT _______________________________________________________________ A: Amend Plan Change 8 as set out in ‘Annexure: Final Plan Change 8 Provisions’ attached to and forming part of this decision. 2 REASONS Introduction [1] The Regional Plan: Water for Otago (‘Water Plan’) was notified in 1998 and made operative on 1 January 2004, predating all versions of the National Po...

8. MLC 2018 January National Panui [pdf, 219 KB]

   ...Pänui ä Motu is to provide notice to interested parties of hearings being conducted in, and applications received by, the Mäori Land Court. Only applications and sittings that were confi rmed at the time of this publication are listed. For more information, please contact your local Mäori Land Court offi ce. Individual districts may mail out separate Pänui where 14 clear days notice is not provided in the National Pänui / Te Pänui ä Motu. Special fi xtures are arranged and ad...

9. Standards of Care 2018 [pdf, 450 KB]

   ...it is not legally necessary to obtain consent from a person with parental responsibilities. The young person should be supported to make decisions about whether they would like family/whānau members involved in their care and/or other appropriate forms of support. The guiding principle for family involvement is to strengthen the family relationship and potential support for the future, unless a risk from within the family is identified. Standard 8.3.8 Abortion services should suggest...

10. MLC 2017 01 National Panui [pdf, 242 KB]

    ...Pänui ä Motu is to provide notice to interested parties of hearings being conducted in, and applications received by, the Mäori Land Court. Only applications and sittings that were confi rmed at the time of this publication are listed. For more information, please contact your local Mäori Land Court offi ce. Individual districts may mail out separate Pänui where 14 clear days notice is not provided in the National Pänui / Te Pänui ä Motu. Special fi xtures are arranged and ad...