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1. CRC-37-08 DB Breweries Ltd v NZAEMPU CC 17 08 JUDGMENTS TE JTK 95 [pdf, 35 KB]

   ...hours. (b) Where there are insufficient competent volunteers forthcoming, the company will consult with those individual employees most likely to be affected by the change in an effort to reach a satisfactory arrangement. (c) If circumstances permit, an employee who has changed his/her hours of work will be given first preference to return to his/her former hours of work. [8] When the dispute arose, the company sought an urgent investigation of the matter by the Emp...

2. 2021-02-22 Landpro - MOC PC8 - Rule 14.7.1 for inclusion in expert conferencing [pdf, 109 KB]

   ...animal”) and “animal waste system”, all such storage systems are subject to Rule 14.7.1.1 (and schedules 18 and 19) but unless those storage systems are dairy effluent storage ponds (stock truck effluent storage tanks) they could never qualify as permitted activities. Similarly, neither the term “storage pond” nor ”ancillary structures” are defined. 8. The “Suitably Qualified Person” is defined as a person that the Otago Regional Council approves as being appropria...

3. 2021-10-04 Ministry of Justice HSS during Delta Alert Level 3 Final [pdf, 104 KB]

   ...movement of people who are being held in custody to reduce the risk of transmission of COVID-19. Access to members of the public Members of the public (including whānau and support persons) whose presence is not required at court will not be permitted to enter unless granted permission from the presiding judge. This restriction is necessary to protect others and allow courts to conduct business. Permission should be sought in the first instance by emailing the registrar in...

4. [2018] NZEnvC 143 Zindia Ltd v Marlborough District Council [pdf, 602 KB]

   ...environmental effects. [4] The likely effect on the environment if the stay is granted is that trees on the appellant's land will be felled and removed from the land. If the stay is not granted, the trees on the road lines may still be felled as a permitted activity. However, they must be stored on the land which may impact on amenity and the structural stability of the land. The Council's position [5] The Council does not oppose the application to stay the abatement notic...

5. 2021-06-15 Notice of Mediation - PC 8 [pdf, 210 KB]

   ...Access to Water (Part E) Amended Rule 13.5.1.8A New Definition – Dairy cattle (Note: Policy 7.D.9 may also be discussed). Monday, 28 June 2021 (pm) (may run over to Tuesday, 29 June) Intensive Grazing (Part D) New Rule 14.6.1.1 (land use - permitted) New Rule 14.6.2.1 (land use – discretionary) New Definition – Intensive grazing (Note: Policy 7.D.9 may also be discussed). Tuesday, 29 June 2021 Discharge Policies Rural (Part A) Amended Policy 7.C.5 Amended Policy 7....

6. [2023] NZEmpC 149 Nasar v Expert IT Group Ltd [pdf, 155 KB]

   ...High Court Rules 2016, the Employment Court may make directions for substituted service. Rule 6.8(1)(b) of the High Court Rules provides that: 6.8 Substituted service (1) If reasonable efforts have been made to serve a document by a method permitted or required under these rules, and either the document has 1 Nasar v Expert IT Group Ltd [2022] NZERA 643 (Member Urlich). come to the knowledge of the person to be served or it cannot be promptly served, the court may�€...

7. COES - EiC - J R Sullivan (5 Feb 2021) [pdf, 2.4 MB]

   ...In the Environment Court of New Zealand Christchurch Registry I Te Koti Taiao o Aotearoa Ōtautahi Rohe ENV-2020-CHC-127 Under the Resource Management Act 1991 (RMA) In the matter of of the Water Permits Plan Change - Plan Change 7, being part of a proposal of national significance directed by the Minister for the Environment to be referred to the Environment Court under section 142(2)(b) of the RMA And In the matter of of an applica

8. [2022] NZEnvC 191 KiwiRail Holdings Limited v Marlborough District Council [pdf, 307 KB]

   ...amendments to various rules and standards to allow for rail and rail related activities and assets to be included alongside other net\vork utilities that are enabled by those rules, to undertake maintenance, replacement, and minor upgrading work as a permitted activity. The appeal was allocated to Topic 16 - Transportation. [2] The court has now read and considered the consent memorandum of the parties dated 3 August 2022 which sets out the agreement reached to resolve the aspects of...

9. [2019] NZEnvC 168 Clearwater Mussels Limited v Marlborough District Council [pdf, 620 KB]

   ...the appeals that will bring the pre-existing resource consents and associated rights under ss124 and 165ZH Resource Management Act 1991 ('RMA') to an end. [7] For the avoidance of doubt, the orders in [8] do not: (a) grant new coastal permits or other rights under s165ZH RMA; nor (b) extend or create any rights under s124 RMA. 3 Conclusion and directions [8] Therefore, the following orders are made under s279 RMA (unopposed): (a) prior to 8 December 2019, and in acco...

10. Tuaropaki Trust Trustees - Tuaropaki Trust (2008) 87 Taupo MB 104 (87 TPO 104) [pdf, 165 KB]

    ...fixing trustees fees are well known. The basic principle is that trustees work as a matter of honour and are not entitled to be paid unless all of the beneficiaries agree (a result never attainable in ahu whenua trusts) or there is a Court order permitting it. Over and above that it must be recognised that this is a highly complex, successful and large corporate body. The trustees are heavily advised by professional advisers and do not need to have a hands on role. They make governanc...