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1. BORA Land Transport Amendment Bill [pdf, 294 KB]

   ...election to have a blood test and the right to be advised of that right, conferred by s 70A, must be regarded as providing effective protection against the consequences of an error in a breath screening test or an evidential breath test. 8.The Court of Appeal in R v Aylwin 2 provided a broader perspective on the right to elect a blood test: It may at first blush seem unfair that the defence of error in the result of breath tests has been removed. However, at the same time as s 64(4) wa...

2. [2016] NZEmpC 92 Patel & Anor v Sharma [pdf, 90 KB]

   ...for a stay of execution are well known. The plaintiffs relied on the expression of those principles in Assured Financial Peace Ltd v Pais which they described in the following way: 4 a) If no stay is granted, whether the applicant’s right of appeal will be ineffectual. b) Whether the appeal is brought and prosecuted for good reasons, in good faith. c) Whether the successful party at first instance will be affected injuriously by a stay. d) The effect on third parties....

3. Avifauna (dated 8 May 2017) [pdf, 215 KB]

   ...more information c. DJO notes that clause (e) of condition 33 offers one single mitigation method when there may be others Page 5 of5 BEFORE THE ENVIRONMENT COURT CHRISTCHURCH REGISTRY IN THE MATTER BETWEEN AND ENV-2016-CHC-47 of an appeal under Section 120 Resource Management Act 1991 BLUESKIN ENERGY LIMITED Appellant DUNEDIN CITY COUNCIL Respondent STATEMENT OF AGREED FACTS - AVIFAUNA GALLAWAY COOK ALLAN LAWYERS DUNEDIN Solicitor on record: B Irving Soli...

4. Te Kanawa v Earle - Pukehina M Section 1B No 3 (2018) 193 Waiariki MB 151 (193 WAR 151) [pdf, 278 KB]

   ...(c) An injunction pursuant to section 19(d) requiring Daphne Earle to relocate the fence and minor buildings to the site approved for her sole use and restraining her from further trespass on the adjoining land. [5] Those orders have not been appealed. Te tono a Revelene McDonald - Application of Revelene McDonald [6] Following the making of the orders in favour of the trust, an application was filed by Revelene McDonald dated 23 November 2016. 193 Waiariki MB 154 [7...

5. Sector Strategic Intent 2018 [pdf, 7.8 MB]

   ...administering courts, the Public Defence Service, legal aid, the enforcement of monetary penalties, and giving advice on criminal justice policy Responsible for administering youth justice services Responsible for prosecuting the most serious crime, criminal appeals, and the oversight of public prosecutions CRIMINAL JUSTICE RESPONSIBILITIESCRIMINAL JUSTICE SYSTEM Responsible for maintaining public safety, law enforcement, crime prevention and community support The lead law enforcement ag...

6. Taueki - Horowhenua 11 (Lake) Māori Reservation (2005) 154 Aotea MB 96 (154 AOT 96) [pdf, 353 KB]

   ...agent, or rent, purchase money, royalties, or other proceeds of the alienation of land, or of any compensation payable in respect of other revenue derived from the land, affected by any order to which an application under section 45 of this Act or an appeal under Part 2 of this Act relates. (2) Notwithstanding anything in the Crown Proceedings Act 1950, any injunction made by the Court under this section may be expressed to be binding on the Maori Trustee. (3) Any injunction made by...

7. Whare v Home Mortgage Company Limited - Te Puke 1A5B2B2 (2004) 283 Rotorua MB 75 (283 ROT 75) [pdf, 1.2 MB]

   ...rent, purchase money, royalties, or other proceeds of the alienation of land, or of any compensation payable in respect of other revenue derived fi"om the land, affected by any order to which an application under section 45 of this Act or an appeal under Part 2 of this Act relates. (2) NotWithstanding anything in the Crown Proceedings Act 1950, any injunction made by the Court 'mder this section may be expressed to be binding on the Maori Tn/stee. (3) Any injunction made by...

8. Legal submissions of counsel for Otago Regional Council re new proposed rps [pdf, 180 KB]

   ...to make further provisions of the Partially Operative Otago Regional Policy Statement 2019 (PORPS) operative. These further provisions are set out in the public notice attached as Attachment 1. 8 The following provisions are still subject to appeal and have not been made operative: 2 RMA, s 66(2)(a). 3 Unison Networks Ltd v Hastings District Council [2011] NZRMA 394 (HC) at [70]. 3 (a) Policy 4.3.7 Recognising port activities at Port Chalmers in Dunedin; (b) Metho...

9. [2019] NZEmpC 140 Sfizio Ltd v Mawhinney [pdf, 404 KB]

   ...application is to be dealt with “as nearly as may be practicable” in accordance with the procedure provided for in the High Court Rules. In New Zealand Fire Service Commission v New Zealand Professional Firefighters’ Union Inc the Court of Appeal held that the Employment Court was required to approach strike out applications (which similarly have no express statutory basis in the Act) on the same basis as the High Court does. [9] Rule 5.45(2) of the High Court Rules provid...

10. [2020] NZEnvC 110 Aratiatia Livestock Limited v Southland Regional Council [pdf, 268 KB]

    BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2020] NZEnvC 110 of the Resource Management Act 1991 of appeals under clause 14 of the First Schedule of the Act ARATIATIA LIVESTOCK LIMITED (ENV-2018-CHC-029) ... (continued on last page) Appellants SOUTHLAND REGIONAL COUNCIL Respondent Court: Environment Judge J E Borthwick Environment Commissioner R M Bartlett Environment Commissioner S G Paine Hearing...