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1. Environment Court Annual Review 2016 [pdf, 1.1 MB]

   ...the risks to, species of fauna in New Zealand’s rivers. Water take and use — Water divert — River — Effect adverse — Earthworks This was an appeal about an application to take water from the Waimakariri catchment by obtaining a new permit to take water from the Cass River (“the river”) (a tributary in the upper catchment) which the applicant P and E Ltd (“PE”) proposed to substitute for existing permits in the lower catchment. PE had sought resource consent to take...

2. Quality and Value Audit Terms of Reference 2018 [pdf, 560 KB]

   ...the appropriate Approval/s to undertake such work and complies with any Condition/s of their Approval/s. This applies whether the delegated provider is to be paid or unpaid, and 4.2.5. must ensure that any work delegated to a non-lawyer is of a kind permitted by the policy, and must provide appropriate supervision. CON 3.6 In accordance with section 105 of the Act, the Provider must not take any payments relating to Legal Aid Services or Specified Legal Services unless those 7 Provider Co...

3. [2010] NZEmpc 111 Smith v Stokes Valley Pharmacy (2009) Limited [pdf, 126 KB]

   ...Ms Smith’s employment agreement required the employer to give four weeks’ notice of dismissal, including where termination of the employment agreement was undertaken in reliance on the trial period, as it was in this case. Although it also permitted expressly the company to make a payment in place of some or all of the notice period not given, the payment made by the defendant of two weeks’ wages was deficient by half for a summary dismissal, as this was. Deficient notice wa...

4. [2019] NZEnvC 188 Elly S-Y Pan v Auckland Council [pdf, 3.2 MB]

   ...relief sought in the appeal. That is between the existing plan provisions, whereby a failure to meet the Standard requires a Discretionary Activity consent, and the relief sought in the appeal, whereby a failure to meet the Standard is effectively permitted, as Ms Pan sought to delete this rule . [1 OJ The parties' submission is that due to the relief sought by Ms Pan the decision to make the activity table operative was an oversight. Precinct Plan 1 [11] In relation to the c...

5. Langhorne v ACC [2010] NZACA 4 [pdf, 286 KB]

   ...Tui submitted that the Corporation’s calculation of relevant earnings is fair and reasonable. [127] So far as increment increases are concerned, Mr Tui sees no evidence being available with regards to the appellant’s employment in 1976 to permit an alternative incremental increase. Accordingly, it is Mr Tui’s view that the Corporation’s reliance on the award rates is the only information upon which to make the estimate. Decision [128] First the situation is that the...

6. Turangawaewae Trust Board v Takerei - Section 166 Suburb of Newcastle North (2013) 67 Waikato-Maniapoto 113 (67 WMN 113) [pdf, 213 KB]

   ...to the Ngaruawahia Pa Regulations, 1940 which record that Kingi Te Rata held certain lands in trust: For the use and members of his tribe and of all people who shall fully acknowledge his Chieftainship or that of his successors as a Papakainga to permit such members and people to occupy the said land free of all rent or charges of a like description and without hindrance or without restriction of any kind except such as shall be introduced from time to time for the welfare of the people...

7. LCRO 40/2021 PT v UT and RL t/a Law Firm A (28 April 2022) [pdf, 266 KB]

   ...raising objection to allegations contained in the statement of claim, notwithstanding that members of the [LAW FIRM A] staff who had read the statement of claim were offended by it; and (d) [LAW FIRM A]’s decision to surrender its file and permit its trustee company to be removed from the trust reflected an appropriate recognition of its professional obligations and should not be construed as indication that [LAW FIRM A] accepted allegation that it had mismanaged matters; and...

8. Director of Human Rights Proceedings v New Zealand Institute of Chartered Accountants [2015] NZHRRT 54 [pdf, 182 KB]

   ...material must be compiled: [100.1] solely [100.2] for the purpose of determining the suitability, eligibility, or qualifications of the individual to whom the evaluative or opinion material relates. [101] In our view the text does not require or permit a reading down of any of the three categories of employment or appointment to office, insurance and contracts, awards, scholarships, honours or other benefits. [102] This reading is reinforced by the fact the shortened version of s 29...

9. [2024] NZEnvC 100 Merveber Limited v Auckland Council [pdf, 3.2 MB]

   ...unexplained to the Court, this condition was not carried down onto the remainder title upon the subdivision. [17] Although originally the review of such consent notices was not within the purview of the RMA, more recent amendments to the Act now permit such conditions to be reviewed or removed by the Court on application. Accordingly, the Applicant has sought to remove this condition. [18] As we understand it, a consent notice was to be placed on the title for 82 Kahikatea Fl...

10. Hill v Whimp [pdf, 158 KB]

    ...given that the dwelling was built 12 years before the hearing. [47] The Claimants argue that the evidence which supports their view that the First Respondents built or developed the dwelling themselves includes that Mrs Whimp applied for the permit and corresponded directly with the local body regarding consent issues, that the First Respondents gained experience from building the house at Birkley Road, that the limited time they owned the subject property supported the view that...