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1. LCRO 158/2015 PL v VD (21 February 2019) [pdf, 178 KB]

   ...the part of opposing counsel could have been addressed by the court. Conclusion [88] I am required to bring a fresh, independent and robust view to the complaint, the Committee’s decision and the application for review. In doing so, I have carefully and comprehensively considered all of the material that was provided to the Committee and to this Office on review, and the submissions made at the hearing. I have paid particular attention to the areas in which the applicant has s...

2. [2020] NZIACDT 20 - QM v Ng (14 May 2020) [pdf, 163 KB]

   ...party has sought an oral hearing. ASSESSMENT [43] The Registrar relies on the following provisions of the Code: General 1. A licensed immigration adviser must be honest, professional, diligent and respectful and conduct themselves with due care and in a timely manner. Client Care 2. A licensed immigration adviser must: … e. obtain and carry out the informed lawful instructions of the client, and … Legislative requirements 3. A licensed immigration adviser must: ...

3. [2022] NZEnvC 010 Northport Limited v Whangarei District Council [pdf, 1.3 MB]

   ...adaptation to any future changes to the port operation, the CMA occupied space and the range of activities. It is difficult to see that there is any current difficulty for Northport beyond ensuring they minimise noise and the possible need to carefully examine the activities that may occur if Berth 4 is constructed to ensure that they do not exceed the night time limits. Nevertheless, we are not satisfied that there is any clear evidence that increased noise levels must occur. E...

4. [2024] NZEnvC 226 Pirirakau Tribal Authority Incorporated v Heritage New Zealand Pouhere Taonga [pdf, 323 KB]

   ...parties. d) Pirirakau shall be informed if any possible taonga or Māori artefacts are identified to enable appropriate tikanga to be undertaken, so long as all statutory requirements under the Heritage New Zealand Pouhere Taonga Act 2014 and the Protected Objects Act 1975 are met. [19] Condition 4 requires an archaeological investigation by an archaeologist approved by HNZPT as follows: 4. Prior to any earthworks being carried out within the application area, an archaeological i...

5. Michael Cummings - Statement of Evidence (24 June 2021) [pdf, 5 MB]

   ...or are, the potential adverse effects on the environment? (b) What is the value or sensitivity of the receiving environment or area affected? (c) What is the toxicity of discharge? (d) Was the breach as a result of deliberate, negligent or careless action? (e) What degree of due care was taken and how foreseeable was the incident? 7 (f) What efforts have been made to remedy or mitigate the adverse effects? (g) What has been the effectiveness of those efforts? (h) Was...

6. [2022] NZEnvC 160 Tararua District Council v Manawatu-Wanganui Regional Council [pdf, 1007 KB]

   IN THE ENVIRONMENT COURT AT WELLINGTON I TE KOTI TAIAO O AOTEAROA KI TE WHANGANUI-A-TARA Court: Hearing: Appearances: IN THE IVIA TIER Decision No. [2022] NZEnvC 160 of appeals under s 120 of the Resource Management Act 1991 BETWEEN TAR.ARDA DISTRICT COUNCIL (ENV-2021-WLG-000031) ]BENT AND AND (ENV-2021-WLG-000030) Appellants MANAWATU-WANGANUI REGIONAL COUNCIL Respondent TAR.ARDA DISTRICT COUNCIL Applicant Environment Judge BP Dwyer Environment Commiss

7. [2019] NZEnvC 166 Lindis Catchment Group Incorporated v Otago Regional Council [pdf, 16 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA IN THE MATTER AND AND BETWEEN AND Decision No. [2019] NZEnvC 166 of the Resource Management Act 1991 of Plan Change SA to the Regional Plan Water for Otago of an appeal under clause 14 of the First Schedule of the Act LINDIS CATCHMENT GROUP INCORPORATED (ENV-2016-CHC-61) Appellant OTAGO REGIONAL COUNCIL Respondent Court : Environment Judge J R Jackson Environment Commissioner KA Edmonds Environme

8. MLC - Comprehensive Whānau Trust Terms - example [doc, 45 KB]

   ...you may use for your whānau trust. The actual content of the trust order may differ depending on your circumstances and you may customise this example to best fit any terms of trust you have set for your trust. You should read through each clause carefully and alter, amend or delete where appropriate to suite your circumstances. When customising your terms of trust – you must at least stipulate: · A name for your trust · The nominated tipuna for your trust · The beneficiaries of your...

9. BORA Aquaculture Amendment Bill [pdf, 299 KB]

   ...proceedings between individuals. It is arguable whether new section 165BB relates to a determination or decision as applicants have only been able to make application, not have those applications considered. In any case, sections 27(2) and 27(3) protect procedural rights and do not preclude alterations to the substantive law. Accordingly, an affected party could still bring judicial review proceedings challenging decisions of local authorities. New section 165BB does not interfere...

10. BORA Legal Services Bill [pdf, 290 KB]

    ...other person’s resources counted as their own in an assessment of eligibility or their liability for repayments. Arguably, taking into account the resources of the young applicant’s parents may causes the type of disadvantage that section 19 protects against (being that arising from prejudice and negative stereotyping that perpetuates legal, social or political disadvantage faced by a marginalised group in our society), leading to a prima facie limit on s 19. 7. Even if the provisio...