Search Results

1. [2018] NZEnvC 021 Te Tumu Kaituna 14 Trust v Tauranga City Council [pdf, 8.2 MB]

   ...The Boulevard) at the eastern end of the Growth Area. [2] The draft order is labelled as a consent order, but while the Respondent states that it supports the merits of the draft order, it considers that the terms of the order are not within the lawful scope of the appeal and so the making of the order is beyond the Court's jurisdiction. It argues that the Appellant's submission, on which the appeal is based, was not on the Plan Change as required by clause 6(1) of Schedule...

2. Berry v Rondel LCRO 130 / 2011 (2 February 2012) [pdf, 170 KB]

   LCRO 130/2011 CONCERNING an application for review pursuant to section193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of Auckland Standards Committee 5 BETWEEN ROSALIE J BERRY Applicant AND ROBERT J RONDEL Respondent All names and identifying details other than the parties in this decision have been changed. DECISION Background [1] Ms Berry was the owner of a property at [...]. [2] In 2008 she carried out a

3. [2021] NZEnvC 075 Ngati Paoa Trust Board v Heritage New Zealand Pouhere Taonga [pdf, 1.3 MB]

   ...other factors justifying the protection of the site: 7 (ii) the purpose and principles of this Act: (iii) the extent to which protection of the archaeological site prevents or restricts the existing or reasonable future use of the site for any lawful purpose: (iv) the interests of any person directly affected by the decision of Heritage New Zealand Pouhere Taonga: (v) a statutory acknowledgement that relates to the archaeological site or sites concerned: (vi) the relationship...

4. [2007] NZEmpC AC 17/07 Housham v Juken NZ Limited [pdf, 93 KB]

   ...confirms, Juken applied the literal words of its “Code of Conduct” to what Mr Housham had done without considering or at least acknowledging the particular circumstances in which what might otherwise have been culpable misconduct, was in fact lawful industrial action. The company’s letter of sanction to Mr Housham of 15 November 2005, following his participation in strike action, noted at its conclusion: Failure to abide by the above requirements and any further breaches of...

5. Kaur v Accident Compensation Corporation (Suspension of Entitlements) [2024] NZACC 25 [pdf, 311 KB]

   ...Kaur having suffered sprain injuries which would have resolved by January 2022. Ongoing symptoms at that stage were likely as a result of tendinosis, a gradual-process condition unrelated to any personal injury by accident. 10 Relevant law [54] Section 67 of the Act provides: A claimant who has suffered a personal injury is entitled to 1 or more entitlements if he or she— (a) has cover for the personal injury; and (b) is eligible under this Act for the entitlement or...

6. Tatana - Estate of Ratahi Tatana (2017) 157 Taitokerau MB 132 (157 TTK 132) [pdf, 209 KB]

   ...in Herekino- Manukau 11A and as an owner in common of that land he is free to build on that property if he so decides. However, there would be risk in him doing so. The property has the status of general land and accordingly the general land law that “improvements on land run with the land” will apply to any dwelling that he may build; Owen would not be able to avail himself of the security of an order of the Court under s.18(1)(a) Te Ture Whenua Māori Act 1993 determining t...

7. Application for a Protection Order [pdf, 887 KB]

   ...send you a copy of their document if they choose to respond to your application. Even if you want your home address to be confidential, you must still provide an Address for Service for the documents to be delivered to. This could be the address of a lawyer, a friend or an organisation that is supporting you. Affidavit This is when you write out in detail about why you need a Protection Order. This is your evidence. The Affidavit is a legal document and everything you write must be true a...

8. [2021] NZACC 73 - McLennan v ACC (6 May 2021) [pdf, 278 KB]

   ...and very likely also the surfactant, has been very low. Thus either one has to invoke yet another component of the solution, or instead demonstrate that either the monitoring tests have been unrepresentative of “real” exposure conditions, or flawed as regards aspects of sampling or analyses, and/or misinterpreted (by “confusing” mist with vapour). The issue of representativeness or validity of the tests arguably remains a matter of debate, but this is being worked through, w...

9. Keightley v Accident Compensation Corporation (Entitlement to Surgery) [2024] NZACC 003 [pdf, 240 KB]

   ...fracture on imaging or at the time of surgery. In the absence of an identifiable fracture during surgery and with all clinical evidence available, Mr Tomlinson cannot be considered to be in a better position to comment on causation. Relevant law [38] Section 20(2)(a) of the Act provides that a person has cover for a personal injury which is caused by an accident. Section 26(2) states that “personal injury” does not include personal injury caused wholly or substantially by...

10. [2013] NZEmpC 206 Candyland Ltd v Jarvis [pdf, 135 KB]

    ...could have done in all of the circumstances at the time the dismissal occurred. [28] I have no difficulty concluding that Mrs Jarvis was unjustifiably dismissed by Mrs Coker on 27 July 2011. Her dismissal was procedurally and substantively flawed. Dismissal was not what a fair and reasonable employer could have done in all of the circumstances and the process followed fell well short of what is required, even having regard to the size of the business and the resources available...