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1. 02-Appendix-Two-Objectives-and-Policies.pdf [pdf, 1.1 MB]

   Ōtaki to north of Levin Highway Project  VOLUME II - SUPPORTING INFORMATION AND ASSESSMENT OF EFFECTS ON THE ENVIRONMENT APPENDIX TWO: OBJECTIVES AND POLICIES IN VERBATIM 1 APPENDIX TWO: OBJECTIVES AND POLICIES IN VERBATIM 1 Introduction The following statutory provisions have been identified by Waka Kotahi and Councils as relevant to the consideration of the NoRs and resource consent applications under section 171(1)(a) and 104 of the RMA respectively. The as

2. [2023] NZREADT 32 UM v REAA (3 November 2023) [pdf, 298 KB]

   ...self- referring a compensation claim. If it reverses or modifies a decision of a Committee, it may exercise any of the powers that the Committee could have exercised, including a referral under s 93(1)(ha). This is consistent with the consumer protection focus of the Act. Access to the Tribunal should not be unduly deterred. [40] In self-referring, the Tribunal would have to be satisfied of the existence of the same criteria as the Committee would have to be. The Committee’s...

3. Burn v CAC 20002 & Anor [2014] NZREADT 25 [pdf, 144 KB]

   ...that the financial losses he has experienced by the delay in settlement, and then needing to resell the property at a loss, flow from this alleged failure of the licensee. In fact, the standard clause 6 of the agreement seems to provide sufficient protection for Mr and Mrs Burn. We have not been told whether they are seeking recourse from Mr and Mrs Smith pursuant to clause 6. [50] Ms Keating, as counsel for the licensee, accepted that there are two issues, namely, did the licensee...

4. Waitangi Tribunal - issue 57 of Te Manutukutuku [pdf, 571 KB]

   ...the signing of the Treaty of Waitangi. Have faith in the young people of our nation to take this coun- try to a bicultural destiny, one which respects our unique cultural and bio diversity. Have faith in our reo and our tikanga, as the means to protect our unique heritage. A spirit of gen- erosity must prevail between the part- ners of the Treaty, respect for the land and the diversity in cultures.” We acknowledge the huge amount of work Sir John did for the Tribunal, both forma...

5. [2018] NZEnvC 208 The Wolds Station Limited v Mackenzie District Council [pdf, 5.2 MB]

   ...maps of the FBAs contains two typographical errors which should be corrected before the maps are included in the District Plan. (1) "Sights of Natural Significance" should read "Sites of Natural Significance"; (2) "Lake Side Protect on Areas" should read "Lakeside Protection Areas". 3 [2J The court recorded that the Consent Order "concludes these proceedings". That was over-optimistic (and incorrect) because there is one outstanding i...

6. Name suppression processes for victims of sexual violence [pdf, 493 KB]

   ...linked. The law presumes that victims of interpersonal crimes want their names suppressed.1 Section 201 of the Criminal Procedure Act 2011 provides for automatic suppression of a defendant’s identity in incest-related cases with the stated purpose of protecting the complainant. Section 203 in turn provides for automatic suppression of the complainant’s identity in all sexual offence cases (including incest).2 However, some victims believe some offenders use the excuse of ‘protecting’ t...

7. [2012] NZEmpC 179 Drader v Chief Executive of the Ministry of Social Development [pdf, 189 KB]

   ...were entirely out of character. [84] I reject Mr Quarrie’s submission that the defendant ought to have been aware of this and to have enquired into it, for the reasons I have given. Also there is evidence that Mr MacPherson did try, in a very caring manner, to ascertain the true reasons for the plaintiff’s actions. He did this on 14 February 2011 without success and without obtaining any clues that might have given him pause to consider whether the plaintiff was traumatised o...

8. S B v Atia [2018] NZIACDT 4 (19 February 2018) [pdf, 310 KB]

   ...receiving immigration services from a lawyer has a fiduciary relationship, and does not have that when receiving the same services from a licensed immigration adviser. Section 3 of the Act provides the purpose of the Act is “to promote and protect the interests of consumers receiving immigration advice”; that is a purpose it does achieve by demanding professionalism from licensed immigration advisers. [41] The Sims case concerned whether a transaction was valid given a breach...

9. International Covenant on Civil and Political Rights - summary record 4th report [pdf, 51 KB]

   ...appeal in those proceedings had been to clarify the circumstances under which refugee status claimants could properly be detained under the Convention relating to the Status of Refugees and New Zealand law, including the BORA, which affirmed the rights protected under the Covenant as part of New Zealand domestic law. All agencies of the Government were required to act in accordance with the BORA. 23. As far as the human rights of those extradited from New Zealand were concerned, he sai...

10. [2021] NZEnvC 192 Northport Limited v Whangarei District Council [pdf, 1.5 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....