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1. Mark Brown (filed 6 June 2017) [pdf, 2.1 MB]

   ...reports saying the effects of the turbine on our landscape will be less than significant and will introduce a “new feature of interest” to it, 4 when the same people have argued, in the past, that nearby landscape features need to be protected from development. 15. In a resource consent application by Blueskin Projects, Mr More argued against houses being built on Potato Point because of the sensitivity of the site and the quality of the local landscape, (Proposed Potato P...

2. [2018] NZEnvC 026 Marlborough District Council v Burkhart Industries Ltd [pdf, 5.3 MB]

   ...Act 1991, the Marlborough District Council 's application to change the interim enforcement orders made in decision [2017] NZEnvC 214 is refused. B: Under sections 319 and 321 of the Resource Management Act 1991, the Royal Forest and Bird Protection Society Incorporated's application to change the interim enforcement orders made in decision [2017] NZEnvC 214 is granted, to the extent that Orders [A] 3 and 4 of that decision are deleted and the following orders in respect...

3. COVID-19 Alert Level 3 in the District Court data summary [pdf, 335 KB]

   ...filed on average a week during Alert Level 3 compared to Alert Level 4. However, the difference is slight with only 10 charges fewer a week (-3%). Offences against justice (which includes offences for breaching community sentences, breach of protection order and people on bail not attending scheduled court appearances) had the largest increase in the average number of charges filed per week (+123 charges; +31%). Much of the increase was related to: • failure to answer bail (...

4. Koria & Anor v Johnson & Ors [2013] NZWHT Auckland 14 [pdf, 208 KB]

   ................................................................................................. 3 WHAT ARE THE DEFECTS THAT HAVE RESULTED IN DAMAGE? ..................... 4 WHAT IS THE SCOPE AND COST OF THE REMEDIAL WORK REQUIRED? ...... 5 WHAT WAS THE EXTENT OF THE DUTY OF CARE OWED BY MR WOODGER? 6 HAS MR WOODGER BREACHED THE DUTY OF CARE OWED, CAUSING OR CONTRIBUTING TO THE CLAIMANTS’ LOSS? ..................................................... 9 Defect A: poorly formed and const...

5. CJARS - claim form [pdf, 322 KB]

   ...A witness or you assisted in the administration of justice. For example: • You reported a crime or gave information to the police in a criminal case that is punishable by imprisonment; and • you suffered material loss or damage to property and you are not in a Witness Protection Programme; or • you are in a close relationship with a witness and you experienced costs or suffered losses as a result of assisting or caring for the witness. Impo...

6. BORA Railways Bill [pdf, 34 KB]

   ...unreasonable search and seizure. There are two limbs to the right. First, section 21 is applicable only in respect of those activities that constitute a search or a seizure . Second, where certain actions do constitute a search or seizure, [1] section 21 protects only against those searches or seizures that are unreasonable in the circumstances. 8. In assessing the substantive "reasonableness" of any power of search and seizure, the Ministry is of the view that section 5 of the...

7. BORA Diplomatic Privileges And Immunities Amendment Bill [pdf, 19 KB]

   ...detention; immunity from legal process; inviolability of papers and documents; communication privileges; and exemption from taxation on the salaries, emoluments and allowances paid to them by the Court). It ensures that each group retains the core protections necessary to ensure that they can perform their functions independently. 10. The corollary is that some privileges (especially, customs privileges) can be regarded as less fundamental and their absence for New Zealand nationals and...

8. BORA Crimes And Misconduct (Overseas Operations) Bill [pdf, 19 KB]

   ...Zealand law committed overseas". The objective is one of ensuring that such persons do not have impunity with respect to offences committed either in the course of the official operations of the overseas operating force (but subject to the usual protections in this situation) or outside of their official duties. Equally, it is preferable that New Zealand possesses jurisdiction for New Zealand personnel deployed overseas so as to avoid exposure to a judicial or penal system that may b...

9. BORA Regulatory Responsibility Bill [pdf, 364 KB]

   ...Accordingly, this provision appears to be consistent with section 19 of the Bill of Rights Act. Section 27(2): Right to Judicial Review 6. Section 27(2) of the Bill of Rights Act affirms that every person whose rights, obligations, or interests protected or recognised by law have been affected by a determination of any tribunal or other public authority has the right to apply, in accordance with law, for judicial review of that determination. We have considered whether clause 1...

10. BORA Statutes Amendment Bill (No. 2) [pdf, 299 KB]

    ...Bill of Rights Act provides the right to the observance of the principles of natural justice by any tribunal or any other public authority which has the power to make a determination in respect of that person‘s rights, obligations, or interests protected or recognised by law. 7. One amendment was identified as potentially giving rise to a prima facie issue of inconsistency with section 27(1) of the Bill of Rights Act. The Veterinarians Act 2005 8. The Bill proposes to amend section...