Search Results

1. [2010] NZEmpC 17 Secretary for Justice v Dodd [pdf, 17 KB]

   ...evidence is intended to go a little further and address a factual matter raised by the evidence of the plaintiff’s witnesses which Judge Roberts says he believes involved him. [4] It is correct, as Mr Sherriff submits, that the Court will not permit witnesses to second guess the justification for the dismissal by giving their opinions as to how they consider a fair and reasonable employer would have acted in all the circumstances. An attempt to do so in the early days of s 103A,...

2. [2023] NZEmpC 10 Pilgrim v The Attorney-General [pdf, 148 KB]

   ...JUDGMENT (NO 22) OF CHIEF JUDGE CHRISTINA INGLIS (Application to vary witness exclusion order) [1] The second defendants have sought a variation to the witness exclusion order I previously made in these proceedings. The variation is directed at permitting Serenity Valor, a witness for the second defendants who is yet to give evidence, to review the transcript and identify key evidence given in the proceedings, both to this point in time and for the remainder of the hearing. Es...

3. [2022] NZEnvC 006 Otago Regional Council [pdf, 2.1 MB]

   ...of new provisions and amendments to existing provisions to strengthen the Water Plan’s management of certain rural discharges.3 PC8 works alongside PC1 to the Regional Plan: Waste for Otago (Urban Discharges) and PC7 to the Water Plan (Water Permits) to ensure both water quantity and quality issues are addressed in the interim period before a new regional planning framework is in place.4 [3] PC8 and PC1 were developed together and notified at the same time. They were intended t...

4. [2021] NZEnvC 157 - Ireland v Marlborough District Council [pdf, 148 KB]

   ...The application for stay [4] Mr Ireland applies for stay of the notice on the grounds that:4 (a) there have been two dwellings on the Property since 1970; (b) the dwellings were lawfully established and constructed in accordance with building permits which were issued at the time and the planning regime which is described to permit two dwellings on the Property; (c) there has been no change in the scale or intensity of the specific land use activity; and (d) existing use rig...

5. 2021-05-21 JWS - 4-6 May 2021 with signature page [pdf, 705 KB]

   ...to a new land and freshwater management regime that gives full effect to the NPS-FM 2020 by establishing an interim planning framework for the cost-effective and efficient assessment of resource consent applications for the replacement of deemed permits and for the take and use of freshwater. [16] PC7 intends to achieve this purpose by providing: (1) strong policy direction for limiting the consent duration for resource consents to take and use water; 1 Memorandum of Counsel dated...

6. FFNZ - EiC - P W Hunt (5 Feb 2021) [pdf, 307 KB]

   ...practices to adhere to new rules that often are poorly drafted and not implemented to ensure outcomes are able to be met. 17. In February 2017, in light of Federated Farmers’ concerns around ORC’s processes towards the transfer of deemed permits, we released a fact sheet to our Otago members, encouraging them to get on to these transfers as soon as possible. Many were receiving mixed messages, from ORC staff and others on how long the process would take. A number of plan u...

7. Auckland Standards Committee v Shanks [2016] NZLCDT 10 [pdf, 67 KB]

   ...spectrum. Repeated misappropriation of funds from a position of trust in a significant amount, is a matter of which would inevitably lead to a lawyer being struck off and, in this case, the Tribunal’s power is to make an order that Ms Shanks not be permitted to be employed by any law firm or that indeed no law firm be permitted to employ her. [5] We are also asked to make an order as to compensation. We have, in the course of hearing from Ms Copeland, on behalf of the Standards...

8. [2022] NZEnvC 217 Chorus New Zealand Limited v Waikato District Council [pdf, 415 KB]

   ...Introduction [1] This appeal relates to the decisions of Waikato District Council on the Proposed Waikato District Plan in relation to submissions on various telecommunication infrastructure matters. [2] The notified provisions of Chapter 14 included permitted activity rule P12 for Telephone Exchanges in section 4.10 Telecommunication and Radiocommunication as follows: P12 Telephone exchanges, including the installation and operation of equipment inside existing telephone exc...

9. ENVC Matiatia party corresp RPMay15 memorandum of counsel [pdf, 53 KB]

   ...referencing issues arise. Draft proposed Consent Conditions 9. A draft set of revised consent conditions accompany this memorandum. By reference to the EIC of Mr Dunn1 the linking or joining of the parking deck to the existing roadway will meet permitted activity standards. Accordingly no land use conditions are proposed. Conditions relating to marina traffic and review have been transferred into the Coastal permit conditions. 10. During the consultation phase directed by t...

10. [2024] NZEnvC 242 Royal Forest and Bird Protection Society of New Zealand Incorporated v Thames-Coromandel District Council [pdf, 16 MB]

    ...forestry in the PDP as Appendix 9. (b) Associated amendments to the rules in section 29 of the PDP, principally a new Rule 4 for the clearance of indigenous vegetation associated with a commercial forestry activity. [6] New Rule 4 creates a permitted activity for clearing indigenous vegetation associated with a commercial forestry activity that is subject to the Resource Management (National Environmental Standards for Commercial Forestry) Regulations 2017 (NES), provided that...