Search Results

1. Taueki v McMillan - Horowhenua 11 (Lake) Māori Reservation (2004) 148 Aotea MB 27 (148 AOT 27) [pdf, 642 KB]

   ...generations, according to their information. They also take umbrage Minute Book:148 AOT 29 at the suggestion that they have in some way failed in their duties both to the Beneficiaries and to the Court. On the contrary, in their view they have taken the care and protection of the Reservation to new heights with both local and national recognition for their efforts. They also consider the Applicant a self appointed kaitiaki with no mandate from either the Beneficiaries or the iwi. A nu...

2. [2019] NZEnvC 134 Strategic Property Advocacy Network v Auckland Council [pdf, 328 KB]

   ...156(1) of the Local Government (Auckland Transitional Provisions) Act 201 O STRATEGIC PROPERTY ADVOCACY NETWORK Appellant (ENV-2017-AKL-000167) AUCKLAND COUNCIL Respondent ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED WAITAKERE RANGES PROTECTION SOCIETY INCORPORATED GM and J M YOUNG Section 27 4 parties Principal Environment Judge L J Newhook, sitting alone under s 279 of the Act In Chambers at Auckland Submissions: John Newick on behalf of the Strategic Property Advoca...

3. Auckland Standards Committee 1 v Fendall [2018] NZLCDT 32 [pdf, 119 KB]

   ...These were summarised in the decision of Daniels1 as follows: (a) The primary purpose is not punishment, although orders inevitably will have some such effect; (b) The predominant purpose is to protect the public interest, which includes the protection of the public; (c) To maintain professional standards; (d) To impose sanctions on a practitioner for breach of his/her standards; (e) To provide scope for rehabilitation in appropriate cases; (f) To carefully consider alternativ...

4. Kopa v Kopa – Kotuku B1 (1983) 62 Whangārei MB 182 (62 WH 182) [pdf, 1 MB]

   ...c011fir■at1oa: -J2fj lotab 11 C•f& ... 1'- • ,_rt IU Salw llr r P lrect, for llodl aU.wr/aliaee. - - - ----- ------ htMI' _. - tawwttOB. I lulft ,.noully perllUaded alleor to nta.111 • Uf• illter~.J u • ..-.ur• of protection f- coaUaned fOOd taniliij.- -- . . . /2 182 - -·-- ----~--- --·- . . - •·· - · . . . . ·····--···· ·· - . - --- ----- Court: ConfirMd order Sec 34(10) for 1-diate relea•• to Aaat. eo.. S/Duti•• at Whan...

5. [2019] NZEnvC 049 Haines House Haulage Northland v Whangarei District Council [pdf, 3.5 MB]

   ...application were not subject to Plan appeals, nor to any major changes through the mediation process. This relates in particular to RPE Objectives 1.2.1, .2, .3 and Policies 1.3.1 and 1.3.5. However, there has been the addition of a new Policy 1A to protect identified elements of the zone's distinctive rural character and amenity. [7] During the course of this hearing, the relevant Plan provisions were approved by the Court, and in any event all parties agreed these provisions co...

6. [2017] NZEnvC 053 Federated Farmers of New Zealand v Mackenzie District Council [pdf, 17 MB]

   ...PC13(pc). Te RDnanga 0 Ngai Tahu [21] Te ROnanga 0 Ngai Tahu ("TRoNT") and Arowhenua Runaka lodged a notice expressing concern that their roles and values in relation to Te Manahuna (the Mackenzie Basin28 ) under the RMA are not adequately protected by PC13(pc). It is important (for jurisdictional reasons) that TRoNT lodged a submission on the original PC13 as notified. Environmental Defence Society Inc and Mackenzie Guardians [22] These two societies lodged submission...

7. [2007] NZEmpC WC 15/07 Auto-Movements (NZ) Ltd v Eveleigh [pdf, 52 KB]

   ...windfall. [38] The position in relation to employment agreements has long been distinguished from commercial constraints for reasons of differing bargaining positions. There is also a need for an employer to show a proprietary interest that needs protecting beyond the duration of the period of employment. Only if an employer can establish that a restraint is necessary to protect trade connections or secrets or confidential information, is a restraint of trade justified. As the au...

8. M D Cottle Family Trust & Anor v CAC20002 & Anor / Barnett v CAC20002 & Ors [2015] NZREADT 74 [pdf, 142 KB]

   ...required to complete the appropriate further training as a pre- condition. [15] The Authority submits that our discretion to order a licensee to refund commission in whole or in part is an important consumer remedy in what is, of course, a consumer protection Act, and Committees and we are able to have recourse to it in a wide variety of circumstances. He adds that a refund does not necessarily always follow as a matter of course if there has been a breach of s 126, although it will ofte...

9. Eppanapally v Zhou [2015] NZIACDT 84 (27 August 2015) [pdf, 189 KB]

   ...consider it is not appropriate or necessary to impose a financial penalty. As discussed, orders for compensation and refunds of costs are inevitable and not discretionary decisions based on Ms Zhou’s financial position. [31] The remaining elements are protection of the public and the potential for rehabilitation. Ms Zhou is not currently practising, it may well be that she will not practise again. In appropriate circumstances, Ms Zhou could properly return to the profession. The complai...

10. [2018] NZEnvC 043 Royal Forest and Bird Protection Society v Northland Regional Council [pdf, 5.2 MB]

    ...application under section 76 of the Biosecurity Act 1993 in relation to the proposed Northland Regional Pest and Marine Pathway Management Plan of a Notice of Motion under section 291 of the Resource Management Act 1991 ROYAL FOREST & BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV-2017 -AKL-140) Appellant NORTHLAND REGIONAL COUNCIL Respondent Court: Environment Judge JA Smith Environment Commissioner SK Prime Environment Commissioner RM Dunlop Hearing: Auck...