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1. COES - J Sullivan - SoE - 21 April 2021.pdf [pdf, 200 KB]

   1 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 application under secti...

2. MOJ Health and Safety Factsheet COVID-19 Alert Level 3-1 March 2021 [pdf, 105 KB]

   ...safety during COVID-19 Keeping our courts safe under Alert Level 3 1 March 2021 Access for 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 adv...

3. Churton v Trustees of Mangaporou Trust - Kauaeroa (2003) 132 Aotea MB 219 (32 AOT 219) [pdf, 251 KB]

   ...with the issue of stock. Minute Book: 132 AOT 221 Discussion I consider the submissions of Mr Feist irresistible. I am not persuaded that the framers of the Act intended section 18(1 )(d) be applied in the manner suggested by the Applicant. To permit the Applicant's claims to advance at this juncture would be to place a meaning on the phrase "relates to" that travels beyond a plain and ordinary reading of those words. The fact that neither counsel could find any relev...

4. 2017 NZSSAA 010 (31 March 2017) [pdf, 144 KB]

   ...faith; [9.4] the beneficiary changed his position believing he was entitled to receive the money and would not have to repay it; and [9.5] it would be inequitable in all the circumstances, including the debtor’s financial circumstances, to permit recovery. [10] Pursuant to s 86(9B) of the Social Security Act 1964, the term “error” means: [10.1] the provision of incorrect information by an officer of the Ministry; [10.2] an erroneous act or omission occurring during an invest...

5. [2015] NZEmpC 183 Air NZ Ltd v NZALPA and ARC 6-14 Air NZ Ltd v NZALPA no 2 interlocutory [pdf, 121 KB]

   ...special allowance payments referred to in sub-paragraphs b – d above. g. NZALPA will work with Air New Zealand using an interest based process to establish contractual language that allows for the scheduling of simulator training beyond what is permitted in the current collective agreement. This language will be achieved via a variation to the collective agreement or via a letter of agreement to include such language in bargaining for a new collective agreement (subje...

6. 2020-12-11 Minute - PC8 - Willowridge - legal-standing.pdf [pdf, 430 KB]

   ...development. [3] Willowridge agrees to participate in mediation. [4] Willowridge is not a trade competitor for the purpose of section 308 of the Resource Management Act 1991. [5] Willowridge is interested in the following: (a) Rule 14.5.1 (permitted earthworks activities); and (b) Rule 14.5.2 (restricted discretionary earthworks activities). [6] Willowridge supports the deletion of Rules 14.5.1 and 14.5.2 for the following reasons: (a) the proposed rules are a duplication of...

7. Practice note: Children's supervised contact [pdf, 110 KB]

   ...access orders, parenting orders and orders under the Domestic Violence Act 1995, Care of Children Act 2004 and Children, Young Persons, and Their Families Act 1989, and such relevant applications, affidavits, reports and memoranda as the Judge shall permit; (d) the reason(s) for the request for supervision and, in particular, any concerns for the safety and welfare of the child(ren); and (e) the nature and extent and length of period of supervision which is sought, including the date...

8. 2022-03-02 Minute - PC8 - re conducting PC8 (Urban Provisions) hearing + COVID-19 protocols [pdf, 132 KB]

   ...if they wish, with it being sent to the court ahead of time. Vaccination status of in-person attendees [15] Anyone who does not provide evidence that they have been double- vaccinated, or evidence of a recent negative COVID-19 test, will not be permitted to enter the court building. [16] Therefore, I will make directions for any party that wishes to attend the hearing in person must confirm their vaccination status with the court. [17] All members of the court hearing these matte...

9. [2007] NZEmpC CC 12/07 NZ Amalgamated Engineering Printing and Manufacturing Union v Air Nelson Ltd [pdf, 79 KB]

   ...in which it might be said that Air Nelson has arranged for Air NZ to undertake that work. [25] The Authority in this case appears to have focused on whether the employer may have come within the statutory terms of s97(3), that is the subsection permitting (in certain circumstances) the assignment of other existing employees to the work of strikers. Although there is evidence that this has occurred, that is not what the union is challenging. Rather, the case seems to fall more natu...

10. Brown v Christchurch City Council [pdf, 19 KB]

    ...therefore held that Ford v Ryan was not authority for the interpretation of clause 6.2(5)(d) in terms of this present claim. Nevertheless, clause 6.2(5)(d) must be read in the context of sub-clauses (a)-(c). Each of those sub-clauses refers to permits, consents and Code Compliance Certificates issued under the Building Act. The intended meaning of “All obligations” in sub-clause (d) is therefore governed by the scope of the preceding sub-clauses. To interpret clause 6.2(5)...