Search Results

1. Lochiel Farmlands Limited v Waikato Regional Council [pdf, 194 KB]

   ...833EAD9F-30CF-4EC1-B8AE-CD14540A1DF4.docx (ii) 5(a) - Water bodies: which requires stock to be excluded from water bodies including any water body that is permanently or intermittently flowing. (d) Schedule D1 - Requirements for Farm Environment Plans for farming as a permitted activity: (i) Part C, 3(b): the requirement for the Farm Environment Plan to contain a map(s) or aerial photo at a scale that clearly shows the Land Use Capability (LUC) classes. (ii) Part D 4(b): on la...

2. [2009] NZEmpC AC 8/09 von Tunzelman V Taylor Worldwide Publishers Ltd (In liquidation) [pdf, 20 KB]

   ...why the Court’s conclusions were incorrect. In summary these are: • a lack of understanding of the evidence • incorrect findings of fact • failing to refer to some evidence • incorrect findings of credibility • failing to permit Mr von Tunzelman to ask certain questions of Mrs Taylor. [5] Following a detailed analysis of the evidence Mr von Tunzelman alleged that the Court did not have a strong recollection or understanding of the evidence and attributed th...

3. WYX v Attorney-General (Non-Publication Order) [2014] NZHRRT 43 [pdf, 41 KB]

   ...Attorney-General that on their own, the plaintiffs would not be able to establish a case for non-publication of their names. The 3 presumption of open judicial proceedings which is found not only in the general law but also in s 107(1) of the Act permits no other conclusion. [7] Nevertheless, for the reasons given by the Attorney-General we are of the view that the interests of the children, as vulnerable persons with severe disabilities, are to be protected. Their position is a...

4. [2023] NZEmpC 105 Pilgrim & Ors v Attorney-General & Ors - Media Release [pdf, 165 KB]

   ...worker must have no expectation of reward for their work and receive no reward for their work. Chief Judge Christina Inglis found that the plaintiffs did expect to be rewarded for their work on the Teams. In exchange for their work they expected to be permitted to remain in the Community with their family and friends, and continue to lead a life they were familiar with; that they would receive food, shelter, clothing, religious support and guidance; and would receive the promise of spiri...

5. [2017] NZEnvC 163 Canterbury Landscape Supplies Ltd v Canterbury Regional Council [pdf, 1.1 MB]

   ...Resource Management Act 1991, the Environment Court grants a stay of the abatement notice dated 15 July 2017 pending the outcome of the appeal on condition that Canterbury landscape Supplies ("ClS") forthwith undertakes in writing: (a) to permit a Canterbury Regional Council ("the CRC") officer or authorised agent to enter the land at any time twice each week to assess odour at the relevant downwind boundary(ies) of the site; (b) to indemnify the CRC for the re...

6. [2010] NZEmpC 105 Musa v Whanganui DHB & Anor [pdf, 18 KB]

   ...contains a mixture of admissible and inadmissible evidence. It purports to relate events about a meeting at which Mr Solomon was not present. The documentary records of the meeting will be in evidence and I consider that Mr Solomon should not be permitted to lead evidence about what happened in these circumstances. Paragraph 55 of his intended brief is therefore similarly inadmissible. Paragraph 56 is also background material and is not sufficiently relevant to the matters at is...

7. BORA Border (Customs, Excise, and Tariff) Processing Bill [pdf, 318 KB]

   ...determining principle or without following proper procedures."[2] Changes to arrest powers 14. Clause 19 repeals subsections (1) and (2) of section 174 of the Customs and Excise Act 1996 and replaces them with three new subsections. Section 174 permits a Customs officer or constable, who has reasonable cause to suspect that a person has committed, is committing, or is attempting to commit, or is otherwise concerned in the commission of specified offences against the Act, to arr...

8. KG v VB Inc [2024] NZDT 10 (15 February 2024) [pdf, 193 KB]

   ...trains that were travelling in the direction she needed to go and so she and her travelling companion had to walk for about a kilometre. 2. By the time KG collected her luggage and arrived at the boarding gate, the door was shut and she was not permitted to board. As a consequence KG had to purchase a flight with a different airline for the price of (US) $559.94. She claimed to be compensated for that fare. 3. The issues to resolve the claim are: (a) Did VB Inc breach the co...

9. BORA Weathertight Homes Resolution Services Amendment Bill [pdf, 372 KB]

   ...provision does not appear to alter the obligation of the Tribunal to comply with the principles of natural justice, which exists regardless of any statutory requirement. New section 38C(3) states that subsection (2) does not require the Tribunal to permit cross-examination but it may do so in its "absolute discretion". The right to natural justice generally requires the right to cross-examine or test the evidence of the other side, especially in circumstances where credibility is...

10. Fonterra Co-operative Group Limited.pdf [pdf, 73 KB]

    ...resulting changes requested are to Policies 2 and 5 to provide that offsetting and compensation applies to all discharges (not just all increases in discharges from current levels) and to Rule 3.11.4.9 to clarify that existing discharges do not provide a permitted baseline and that cumulative effects should be assessed in consent applications. Fonterra opposes as the relief sought is inconsistent with the outcomes sought in Fonterra's appeal. Amendments to provide clear limits f...