Search Results

1. Review of the Foreshore and Seabed Act 2004 Analysis of Replacement Regimes [pdf, 465 KB]

   ...within the foreshore and seabed area; the jurisdiction of the High Court and Māori Land Court over the public foreshore and seabed; and the treatment of customary rights and interests. 7 The 2004 Act was, in part, a response to the Court of Appeal’s decision Attorney- General v Ngāti Apa [2003] 3 NZLR 643 (CA) (the Ngāti Apa decision) which decided, amongst other things, that: customary title over the foreshore and seabed, if any, had not necessarily been extinguished by cert...

2. Appendix-8_Peter-Stacey_s87F_198D-Report_Air_28-April-23.pdf [pdf, 354 KB]

   ...have more than 20 years of experience assessing air discharges from a wide range of activities. My work experience relevant to the applications includes: (a) Expert witness for Agrifeeds, Glencore and ADM NZ Limited (s127 parties) as part of an appeal to the Environment Court regarding Bay of Plenty Regional Council's Plan Change 13. As part of this project, I undertook an independent assessment of the dust effects from bulk handling of stock food material. This informatio...

3. [2024] NZEmpC 84 E Tū Inc v Singh [pdf, 378 KB]

   ...words, it reflects a balance between the managerial rights of an employer to operate their business as they think fit with the rights of that employer’s employees to be treated fairly and reasonably, rather than arbitrarily. [48] The Court of Appeal, in relation to the Employment Contracts Act 1991, has accepted that no sharp dichotomy exists but that it is “often convenient” to draw a distinction between substantive and procedural justification,5 and has reiterated the imp...

4. Triennial-Legal-Aid-Discussion-document [pdf, 489 KB]

   ...co-counsel to assist in the case. Where the co- counsel has a lower approval level than the case requires, they are referred to as junior counsel. Approval for junior counsel is preapproved in some criminal legal aid cases: (e.g. in certain Court of Appeal and Supreme Court legal aid cases, and in PAL 3 sexual violence cases). Where junior counsel is not preapproved, the lawyer must seek approval from Legal Aid Services if they require assistance. There is no general provision for a...

5. [2024] NZEnvC 044 Donaldson v Queenstown Lakes District Council [pdf, 5.7 MB]

   DONALDSON v QLDC – TOPIC 31 – FINAL DECISION IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2024] NZEnvC 44 IN THE MATTER of the Resource Management Act 1991 AND an appeal under clause 14 of the First Schedule of the Act BETWEEN ROGER LINDSAY DONALDSON (ENV-2019-CHC-24) Appellant AND QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Environment Judge J J M Hassan Environment Commissioner J T Baines Hearing: In...

6. Waitangi Tribunal - The Volcanic Plateau [pdf, 3.8 MB]

   RANGAHAUA WHANUI DISTRICT 7 THE VOLCANIC PLATEAU BRIAN J BARGH NOVEMBER 1995 WORKING PAPER: FIRST RELEASE RANGAHAUA WHANUI SERIES WAITANGI TRIBUNAL DIVISION Other reports in the Rangahaua Whanui Series available: District l3: The Northern South Island, Dr G A Phillipson FOREWORD The research report that follows is one of a series of historical surveys commissioned by the Waitangi Tribunal as part of its Rangahaua Whanui programme. In its present f

7. 2021-03-11 ORC PC7 - Transcript (up to end of day 2 - 9 March 2021) [pdf, 1 MB]

   ...desirability of preparing a regional plan when the implementation of a NPSFM arises, or is likely to arise. 20 [99] It is also important to bear in mind that the Environment Court’s jurisdiction is functionally limited. It is confined by the scope of appeals, and in turn further limited by the scope of submissions and further submissions. I agree with Mr Maassen’s submission that the Environment Court does not sit in an executive 25 plan-making and plan-changing role. That i...

8. 2021-03-11 Transcript of 8-9 March 2021 - E&OE - not complete [pdf, 1 MB]

   ...desirability of preparing a regional plan when the implementation of a NPSFM arises, or is likely to arise. 20 [99] It is also important to bear in mind that the Environment Court’s jurisdiction is functionally limited. It is confined by the scope of appeals, and in turn further limited by the scope of submissions and further submissions. I agree with Mr Maassen’s submission that the Environment Court does not sit in an executive 25 plan-making and plan-changing role. That i...

9. Territorial Authorities - EiC - M W Twose - Planning (5 Feb 2021) [pdf, 893 KB]

   ...urban land and to implement the Local Government (Auckland) Amendment Act 2004 into the region’s ARPS and city and district plans. Following the establishment of Auckland Council in 2010 I led the council team on the resolution of the remaining appeals to the Auckland Council Regional Plan: Air, Land and Water. My other role was to pass on the draft proposed ARPS and its supporting Section 32 information for integration in the new Auckland Unitary Plan. 12. The Otago region i...

10. LCRO 106/2018, 107/2018, 170/2018 and 181/2018 SY, [SAL] and DT v [Area] Standards Committee [X] (22 August 2019) [pdf, 462 KB]

    ...scope of review [103] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:20 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for th...