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  1. [2024] NZEnvC 219 Auckland Council [pdf, 353 KB]

    ...the RMA enables a plan to be corrected where a defect is apparent in any proceeding before the Court without the need to use the Schedule 1 process. A s 292 process can also be either an originating application before the Court or an application filed during the course of other proceedings.6 Evaluation [23] Having reviewed the application and the supporting affidavit of Ms Patrick, I accept that there is a defect in the AUP that should be remedied by removing ID 01770, the Shot tow...

  2. Democratic structures and processes

    Key statutes Electoral Act 1993 Broadcasting Act 1989 (Part 6) Citizens Initiated Referenda Act 1993 Political Disabilities Removal Act 1960 Referenda (Postal Voting) Act 2000 Local Restoration Polls Act 1990 Electoral Access Fund Act 2020 Key secondary legislation Court of Appeal (List Election Petitions) Rules 1998 Constituency Election Petition Rules 2008 Election Petition Rules 1996 Electoral (Advertisements of a Specified Kind) Regulations 2005 Electoral (Expenditure Limit) Order 2020 El

  3. Te Ao Mārama — Enhancing Justice for All

    Te Ao Mārama is a judicially led District Court kaupapa that partners with iwi and communities to work with the court and justice sector agencies to ensure all court participants, including victims and whānau, can understand and better take part in the cases that relate to them. It will benefit everyone who attends the District Court and timely justice is a central feature. Te Ao Mārama literally means the world of light and signals a more enlightened approach to justice in the District Court

  4. David Bain appendices tabs F to J [pdf, 1.9 MB]

    Ta F BETWEEN J U STICE IAN BINNIE Interviewer AND MILTON WEIR I nterviewee Date of I nterview: 1 9 Ju ly 20 1 2 Place: John Wickliffe House, Duned in Attendees Annabel Markham (Crown Law Office) INTERVIEW OF MILTON WEI R ( IN RESPECT OF C LAIM FOR COMPENSATIO N BY DAVID CULLEN BAIN) BINNIE J : Good morn ing M r Weir. M R WEIR: Good morning. 5 BINNIE J : Thank you for coming, I appreciate it. I have here a bible and if you wou ld swear in answer to the q

  5. Transcript - Hearing - PC7 8 - 26 March [pdf, 7.2 MB]

    ...Maassen’s submission that the Environment Court does not sit in an executive plan-making and plan-changing role. That is the local authority’s role. 25 [100] In this case the NPSFM was gazetted only after appeals and s 274 notices had been filed. I consider that the Council (and the Court) was not obliged then to attempt to give effect to the NPSFM in the course of the appellate process. The NPSFM contains its own implementation timetable, including a series of default steps...

  6. [2015] NZEmpC 157 Labour Inspector v Cypress Villas Ltd full court [pdf, 515 KB]

    ...company. It is notable that this section only requires the commencement of proceedings in the Authority, and not their conclusion or even their investigation by the Authority, before s 234 may be engaged. That commencement need only be by the filing of a statement of problem, but may also occur later in the Authority’s process. That commencement has occurred already in this case, so that the Labour Inspector’s s 234 application to the Authority in respect of Mr Bill was made...

  7. ENVC Hearing 6Oct14 AC evidence chief legal submissions [pdf, 436 KB]

    ...recommendation in her evidence has changed from that contained in her original report, as a consequence of reading the evidence of the Applicant and Auckland Transport. This potential shift was signalled in the first draft of her evidence in chief filed in June 2014 (the revised version now before the Court was filed in July). 4 I note that the RMAA 2013 has changed the word "may" in subsection (4) to "must", and...

  8. Affirmation of Mr Nicholas Head dated 9 December 2016 [pdf, 32 MB]

    ...Conservation's ("DOC") Southern Service Centre. 2. As part of my role, I recently provided evidence on behalf of DOC for Plan Change 13 ("PCB") to the Mackenzie District Plan. I am aware ofthe application for declarations filed by the Environmental Defence Society. My evidence for PC13 addresses matters that are directly relevant to the questions raised by the declaration application. 3. This affidavit sets out: a. My qualifications and experience. b. A...

  9. The Māori Trustee v Smith - Waipaoa 5A2 (2016) 62 Tairawhiti MB 122 (62 TRW 122) [pdf, 471 KB]

    ...G Smith and W & J Isaac I understand the decision to determine who will lease Waipaoa 5A2 has been referred to your Senior Management Team. On 22 May 2014, along with my son James and cousins, George (Senior) and George (Junior) Smith, we filed an expression of interest to lease the above block with the Māori Trustee in Gisborne. We attach a copy of this proposal for your information. At the time no decision was made by the Māori Trustee and the Māori Trustee called a mee...

  10. [2019] NZEnvC 150 Arthurs Point Outstanding Natural Landscape Society Incorporated v Queenstown Lakes District Council [pdf, 12 MB]

    ...decision. [17] The Society relies on affidavits from: • Mr S H Beale dated 26 April 2019; • Mr J R Haworth dated 27 May 2019; • Mr MB Semple dated 29 May 2019, and in reply dated 19 June 2019; • Mr B J Giddens, a planner, unsworn but filed on 5 June 2019 and in reply dated 24 June 2019. [18] I am satisfied by these affidavits that members of the public, including members of the Society, may be directly affected by the Council's decision on those submissions. [19]...