Search Results

1. D Trust v IAG New Zealand Ltd & Max C & Max E & Orange H M & Orange H G & QBE [2019] CEIT-2019-0037 [pdf, 158 KB]

   ...they are submissions. They should not be there, but the deponents do not know that. I do, and I will make allowances. Relevance [7] I am prevented by s 37 of the Canterbury Earthquakes Insurance Tribunal Act 2019 (the Act) from admitting or permitting unnecessary or irrelevant evidence. Parliament must have thought that it was necessary to tell the Tribunal to truncate what would otherwise be the normal course of litigation conducted in the courts. [8] This issue has presen...

2. AM v K Ltd [2024] NZDT 138 (21 March 2024) [pdf, 204 KB]

   ...flight did not depart because of engineering problems and AM had to stay an additional night in [International city]. When he tried to check in the following day, he discovered that his visas for [Country 1] and [Country 2] had expired and he was not permitted on the plane. As a result of this problem, he had to spend several more days in [Country 1] and had to buy an alternative flight to [NZ city] on [Airline 2]. AM is now seeking compensation of $4,000 for the additional expenses he...

3. Auckland-Waikato-Fish-and-Game-Council-83-84-85-8789-90-91-92-93-95-97-98-100-102.pdf [pdf, 217 KB]

   ...(to the Nitrogen Leaching Loss Rate) such as stocking rates, are appropriate and meet the Objectives. Oppose The relief sought by the appellants in relation to increasing the nitrogen leaching rate threshold would inappropriately skew the permitted levels of Nitrogen to be higher, adversely affecting 4 the health and wellbeing of the awa. ENV-2020-AKL-000085 Waipa District Council v Waikato Regional Council Policy 12: Oppose The amendments sought to the of...

4. [2024] NZEnvC 111 Scaife v Queenstown Lakes District Council [pdf, 255 KB]

   ...46.4. Associated with our findings concerning related activity standard we found that Matakauri RVZ should not be addressed 8 JWS, at [6.1]. 9 JWS, at [6.2] – [6.3]. 9 by:10 (a) r 46.4.2, which prescribes visitor accommodation as a permitted activity, but instead by a new r 46.4.2A; (b) r 46.4.3 which prescribes permitted activity status for commercial recreational activities and ancillary onsite staff accommodation, but instead by a new r 46.4.3A. JWS [25] In t...

5. Coroner Dunedin position description [pdf, 34 KB]

   ...(ii) the public good associated with a proper and timely understanding of the causes and circumstances of deaths: c. provides for an independent coronial system for investigations of deaths by coroners liaising with other authorities permitted or required by law to investigate those deaths. Coroner’s role The role of coroner is set out in section 4 of the Act. A coroner’s role in relation to a death is – a. to receive a report of the death from the N...

6. DV v WE LCRO 172 / 2010 (17 August 2011) [pdf, 64 KB]

   ...cases which the Respondent says raised issues about the Applicant’s competence, was malicious and an abuse of Law Society processes. 2 [4] The Respondent responded to the complaint and confirmed the following: 1) That he did not direct or permit the comments on the website to be made; 2) That he did not permit or direct an employee to post any comments on the website; 3) That Mr WD had never been employed by his practice; 4) That he was not responsible for the comments ma...

7. BORA Electricity Industry Bill [pdf, 110 KB]

   ...particular point of view. In practice, cl 16(1) appears unlikely to prevent Authority members from expressing an opinion; however, for completeness we have considered whether the limitation can be justified under s 5 of the Bill of Rights Act. Section 5 permits the rights and freedoms affirmed in the Bill of Rights Act to be subject to such limitations as can be justified in a free and democratic society. A limitation may be justified where: • the provision serves an important an...

8. [2023] NZEnvC 031 Friends of Nelson Haven v Marlborough District Council [pdf, 178 KB]

   ...for release of fisheries information and typically would not release information contained within fisheries databases if:5 (a) it is considered commercially sensitive, and releasing it would unreasonably prejudice the commercial position of the permit holder who supplied it; (b) it would impact on the supply of similar information in the future; and (c) when related to commercially sensitive information, it has not obtained consent from the skipper or permit holder. [8] Cou...

9. [2023] NZEnvC 039 Aratiatia Livestock Limited v Southland Regional Council [pdf, 253 KB]

   ...[1] The court issued its fifth interim decision on 23 December 2022.1 In that decision, the court considered legal arguments regarding the operation of s 70 of the Act, and determined it did not have jurisdiction under that section to approve a permitted activity rule (Rule 24 – incidental discharges from farming) proposed to be included in the pSWLP. [2] The Southland Regional Council, together with two other parties, has appealed the part of the court’s decision relating its...

10. [2021] NZEnvC 166 W North Limited v Greater Wellington Regional Council [pdf, 166 KB]

    ...which might imperil the wetland should be halted until the issues can be explored in full- ie at a full hearing of the appeal against the enforcement order. [12] As I see it, the start point is that the appellant company has a resource consent permitting it to complete the subdivision of the land in question. That consent was granted after full and proper process and inquiry by experienced and informed Council staff into the material supplied to support it. There is nothing in any m...