Search Results

1. [2018] NZEnvC 132 Caradoc-Davies v S R Clearwater [pdf, 11 MB]

   ...Papanui Inlet Road, Otago Peninsula. [3] The thrust of the application for enforcement orders, amended as recently as 5 July 2018, is that: Respondents cease any quarrying or excavation or any other quarry related activity outside the boundaries/permitted area for such quarrying and related activity on the land described in Unique Identifier 207075 (Otago Land Registration District) at 194 Papanui Inlet Road (sometimes referred to as 78 Cape Saunders Road), Otago Peninsula; the bounda...

2. Dunedin City Council - Zoe Moffat - EIC - 25 February 2022 [pdf, 221 KB]

   ...catchments) and the Pacific Ocean (one catchment). The DCC also holds resource consent RM19.261.01 to discharge stormwater to land in circumstances where it may enter Tomahawk Lagoon. Other discharges to the environment from the DCC stormwater system are permitted activities under relevant regional plans. 12 The Dunedin City Council Stormwater Quality Bylaw 2020 manages and regulates the quality of discharges to the DCC stormwater system. 13 The evidence provided by Rachel Ozann...

3. [2021] NZEnvC 159 Drive Holdings Limited v Auckland Council [pdf, 3.1 MB]

   ...the Local Centre purpose. An activation on the first level may justify an over-height building if it does not abrogate from the Local Centre role. Public Area Outcomes This leads us to the outcomes anticipated by the plan given there is no permitted baseline for height in the Local Centre. We accept that we cannot adopt a de facto building envelope. The attempt by the appellant’s witnesses to do so by showing building envelopes over most of Mission Bay’s business areas and...

4. [2008] NZEmpC AC 35/08 Webb v New Zealand Tramways and Public Passengers Transport Union Inc [pdf, 30 KB]

   ...Webb’s entitlement to wait until the end of the 28 day period before challenging, the onus on him to explain reasonably any further delay, even a few days, is crucial but absent in this case. [12] Mr Carrucan submitted that Mr Webb should now be permitted the indulgence of delay because the union had, on several occasions, not met timetable directions made by the Authority. He said these omissions had been overlooked in that forum. Here, however, the delay is in breach of a st...

5. CAC 10043 v Brooker [2011] NZREADT 24 [pdf, 91 KB]

   ...information, or matter would be admissible in a court of law. (2) The Disciplinary Tribunal may take evidence on oath and, for that purpose, any member of the Disciplinary Tribunal may administer an oath. (3) The Disciplinary Tribunal may permit a person appearing as a witness before it to give evidence by tendering a written statement and verifying that statement by oath. (4) Subject to subsections (1) to (3), the Evidence Act 2006 applies to the Disciplinary Tribunal in t...

6. IAA v Angon [2012] NZIACDT 62 (28 September 2012) [pdf, 94 KB]

   ...certificate to Immigration New Zealand that did not accurately reflect these circumstances. [3] The Authority accepts the unlicensed staff were people who provided immigration advice; however they provided services related exclusively to student permits, and accordingly were exempt from being licensed. [4] The complaint is advanced solely on the basis that Mr Angon’s certificate was misleading. [5] The issue for determination is whether the certificate was misleading, and if so wheth...

7. [2024] NZEnvC 067 Waikato Regional Airport Limited v Waikato District Council [pdf, 418 KB]

   ...Interpretation chapter: Term Definition Regionally significant infrastructure Includes, but is not limited to: (a) Pipelines for the distribution or transmission of natural or manufactured gas or petroleum; (b) Infrastructure required to permit telecommunications as defined in the Telecommunications Act 2001; (c) Radio apparatus as defined in section 2(1) of the Radio Communications Act 1989; (d) The national electricity grid, as defined by the Electricity Industry Act 2010;...

8. Auckland Standards Committee 2 v Brill [2022] NZLCDT 13 (16 May 2022) [pdf, 109 KB]

   ...Mr Brill’s dealings with the NZLS and his understanding of his obligations are better characterised as “muddled”. Mr Brill may have misunderstood his obligations but he did not deliberately cross the line into conduct which would only be permitted if he was practising on his own account. Mr Brill’s repeated assertions during the disciplinary process that he did not regard the people he represented as “the public” speaks to this approach. 5 [15] We think that somew...

9. IZ v JZ & LZ [2024] NZDT 303 (25 March 2024) [pdf, 202 KB]

   ...the repairs were necessary to fix extraordinary damage, and could not be explained by the normal use of a house as a residence. 18. Based on the evidence before me I accept that the damage caused by JZ or his agents. that is, his daughter whom he permitted to reside in the property until 27 April 2023 and his trades people who removed items including a bidet toilet seat (the removal of which led to flooding in the property), amounts to more than $30,000.00. The claim for compensati...

10. Rorason v Hughes - Tuaropaki A (2024) 323 Waiariki MB 233 (323 WAR 233) [pdf, 227 KB]

    ...The minutes record that a reimbursement of “$9,000.00 odd” was paid to Ruth. In addition, the minutes also refer to a historical account where the trustees had made decisions of ownership for the house, including: (a) Minutes of 25 May 2004, permitting Allie Paerata to occupy the house; (b) Letter of agreement from the Marae Committee to Allie Paerata for him to occupy the house; and (c) Letter of agreement from the Tuaropaki A Trust to occupy the house along with conditions o...