Search Results

1. [2007] SFWU v ADHB and Ors WN WC 18/07 [pdf, 134 KB]

   ...the present context, in New Zealand. Legal words and phrases dictionaries are similarly unhelpful. So, too, is the record of the parliamentary history of the Employment Relations Amendment Act (No 2) 2004. [48] In Canada, the Ontario Court of Appeal considered the word in a criminal context in R v Rochon 2003 CanLII 9600; (2003) 173 CCC (3d) 321 at paras 57-58: … I do not think the word “support” is impermissible in the context of a proper definition of “abet” …. …...

2. [2017] NZEnvC 209 Auckland Council v London Pacific Family Trust [pdf, 1.1 MB]

   ...subordinate RMA planning instrument are also well settled and not contentious. We are guided by the Interpretation Act 1999 ('IA'), particularly s 5 on purposive interpretation. The principles are also as set out in the leading Court of Appeal authorities of Rattray17(decided pre-RMA) and the more recent decision in PoweJJ18 (where Rattray was applied and interpreted in relation to an RMA district plan matter). In particular, we apply the approach described in the following...

3. INZ v Soni [2018] NZIACDT 6 (9 March 2018) [pdf, 315 KB]

   ...or her account of the matters charged, there can be no complaint if the Tribunal draws the unfavourable evidentiary inference which absence from the witness box commonly attracts. [64] In Ithaca (Custodians) Ltd v Perry Corporation the Court of Appeal considered what inferences may be drawn from the absence of witnesses.9 The Court observed: [153] …The absence of evidence, including the failure of a party to call a witness, in some circumstances may allow an inference that the mi...

4. Chen v Loh [2013] NZIACDT 15 (19 March 2013) [pdf, 218 KB]

   ...informed Mr Chen an application for a student permit under section 35A would be declined. [103.9] Part of an immigration service agreement dated 19 August 2008 with an unidentified client in which AGC agreed to provide services relating to an “Appeal to Minister” for a fee of $4,800. [103.10] The Authority’s letter of 8 November 2012 notifying Ms Gu-Chang of the renewal of her licence. [103.11] An undated letter from Mr Chen to Immigration New Zealand. [103.12] A letter dated...

5. MfE - Supplementary - T A D Ensor - Planning (18 March 2021) - Appendix A [pdf, 366 KB]

   ...refers to restoring habitats for sports fish. The value of Park Burn as trout habitat was discussed earlier in this Decision. 6 Part 2 matters [105] I note that in the recent Lindis decision the Court concluded that notwithstanding the Court of Appeal decision in RJ Davidson Family Trust v Marlborough District Council, it was desirable to assess Part 2 matters because of inconsistencies in the RPWO. I take the same approach here, noting that s5 is not itself an operative provision.46...

6. OWRUG - Supplementary - S Dicey - Planning - 19 March 2021 [pdf, 573 KB]

   ...In my opinion the substantive steps required by this policy will exclude some permit holders from this pathway altogether and will dis-incentivise others from pursuing this option – particularly if the controlled activity pathway is made more appealing. Supplementary Evidence of Planning Witnesses on Amendments to PC7 30. I agree with Mr Brass’ addition to the objective proposed for PC7 – to add the word ‘enable’ to the start of this objective for the reasons outlined in h...

7. RIA - Prohibition of Conversion Practices [pdf, 355 KB]

   Full Impact Statement Template | 1 Coversheet: Prohibiting Conversion Practices Advising agencies Ministry of Justice Decision sought This analysis has been conducted to inform Cabinet decisions regarding the manifesto commitment to ban conversion practices. Proposing Ministers Minister of Justice Summary: Problem and Proposed Approach Problem Definition What problem or opportunity does this proposal seek to address? Why is Government intervention required? Con

8. 2021-03-23 Transcript (up to Mr McIndoe on day 10) [pdf, 3.4 MB]

   ...desirability of preparing a regional plan when the implementation of a NPSFM arises, or is likely to arise. [99] It is also important to bear in mind that the Environment Court’s jurisdiction 20 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 plan-making and plan-changing role. That is t...

9. [2015] NZEnvC 218 Waiheke Marinas Ltd [pdf, 11 MB]

   BEFORETHEE~ONMENTCOURT Hearing at: Court: Appearances: Decision No. [2015] NZEnvC 218 IN THE MATTER of the Resource Management Act 1991 IN THE MATTER of a Notice of Motion under Section 87G requesting the granting of resource consents to Waiheke Marinas Limited to establish a Marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf BY W AIHEKE MARINAS LIMITED ("WML") (ENV -2014-AKL-OOO 174) Applicant at Auckland in the weeks of 6, 13,20 and 27 October 2014 and

10. Waitangi Tribunal theme U - Land with All Woods and Waters [pdf, 1010 KB]

    Rangahaua Whanui National Theme u THE LAND WITH ALL WOODS AND WATERS WENDY POND May 1997 Unpublished Draft WAITANGI TRIBUNAL RANGAHAUA WHANUI SERIES Other Rangahaua Whanui reports District reports District 1: Auckland, R Daamen, P Hamer, and B Rigby District 5b: Gisborne, S Daly District 7: The Volcanic Plateau, B Bargh District 8: The Alienation of Maori Land in the Rohe Potae, C Marr District 9: The Whanganui District, S Cross and B Bargh District 11a: Wairarapa, P Goldsmith Distri