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1. [2019] NZEnvC 208 Aratiatia Livestock Limited v Southland Regional Council [pdf, 11 MB]

   ...for Heritage New Zealand Pouhere Taonga J G A Winchester and S K Lennon for Waihopai R0naka, Hokonui R0naka, Te R0nanga o Awarua, Te R0nanga o Oraka Aparima (collectively Nga R0nanga) and Te R0nanga o Ngai Tahu S R Gepp for Royal Forest and Bird Protection Society of New Zealand Incorporated R Donnelly for Waiau Rivercare Group VJ Hamm for Ballance Agri-Nutrients Limited M R G Christensen for Ravensdown Limited Date of Decision: 20 December 2019 Date of Issue: 20 December 2019...

2. Offord v Patel [pdf, 90 KB]

   ...course of activities on behalf of the company come under a personal duty to a third party, breach of which might entail personal liability. The test as to whether liability had been incurred was whether there had been an assumption of a duty of care, actual or imputed. Liability depended on the facts, on the degree of implicit assumption of personal responsibility and balancing of policy considerations. (page 517). [34] Recently however, the Court of Appeal in Body Corporate...

3. Meulenbroek v Vision Antenna Systems Ltd [2014] NZHRRT 51 [pdf, 226 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2014] NZHRRT [51] Reference No. HRRT 020/2013 UNDER THE HUMAN RIGHTS ACT 1993 BETWEEN MARK CHRISTOPHER MEULENBROEK PLAINTIFF AND VISION ANTENNA SYSTEMS LIMITED DEFENDANT AT INVERCARGILL BEFORE: Mr RPG Haines QC, Chairperson Ms DL Hart, Member Mr BK Neeson, Member REPRESENTATION: Mr RW Kee and Ms JV Emerson for plaintiff Ms RK Brazil and Ms H Young for defendant DATE OF HEARING:

4. Dotcom v Crown Law Office (Inherent Powers) [2018] NZHRRT 36 [pdf, 401 KB]

   ...rules, but is regulated by the rules, so far as they extend. To the extent that the rules do not cover a situation, the inherent jurisdiction supplies the deficiency. The inherent jurisdiction is: “… the authority of the judiciary to uphold, to protect, and to fulfil the judicial function of administering justice according to law in a regular, orderly and effective manner.” [Footnote citations omitted] [42] There is nothing in the Human Rights Act or in the Privacy Act to co...

5. [2018] NZEnvC 155 Tasman District Council v G Baigent [pdf, 1.1 MB]

   ...planted in the wetlands and a description of how the areas marked in the wetland database will be returned to wetland; (iv) in addition, the restoration plan prepared by the ecologist is to provide a description of ongoing measures required to protect the wetland, such as monitoring, fencing, weed and/or pest control measures to address to ensure that both wetlands are sufficiently re-established to enable their survival without any further intervention; (v) the restoration plan i...

6. 2021-07-05 Fish and Game - Closing Submissions [pdf, 342 KB]

   ...But to what state is that restoration required to give effect to the NPS-FM – PC7 can't second guess the answer, so in order to not frustrate giving effect to it, only short term consents can be justified. (c) I also submit that while protection of non-migratory galaxiids (NMG) is an important issue highlighted by the Minister for the Environment, 5 See for example transcript, Dunedin, 8 – 26 March, Mr Ellison, at 520. 6 F...

7. [2022] NZEnvC 161 Hutt City Council [pdf, 2.6 MB]

   ...the future and the best coordination of public and private amenities; likely demand for future developments, and requirements for utilities such as bridging, efficient and safe roading, rail lines, accessibility, provision of power and water, and protection from natural forces such as weather and flooding. [1 0] So it has been in and around the Lower Hutt central city area. In its present form, access across the river by the existing Melling Bridge onto and off the north/south bound H...

8. [2018] NZEnvC 087 Okura Holdings Limited & Others v Auckland Council [pdf, 11 MB]

   ...seasonal occupation or as camp sites rather than permanent places of occupation. Although it is possible that the Pa site may have been of a more permanent nature. These sites form part of an important story for the cultural landscape and would be protected from development by including them within the coastal reserve. There is a desire that this narrative is integrated into the open space strategy and is appropriately recognised and represented. OHL has engaged with Mana Whenua in...

9. Human Rights Act 1993

   ...1993, s 21(1)(f) and (g) Meek v Ministry of Social Development [2013] NZHRRT 28 Discrimination - religion – whether religious belief includes both the belief itself and the manifestation of that belief – whether a distinction between the law’s protection of the right to hold and express a belief and the law’s protection of that belief’s substance or content – whether New Zealand Bill of Rights Act 1990, s 19 imposes obligation to accommodate a religious belief – Human Rights Act...

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10. Mairs v The Real Estates Agents Authority (CAC 413) NZREADT 9 [pdf, 819 KB]

    ...authorised was a belief that was not formed as a result of making responsible and sufficient enquiries. It may be that a state of mind which was honestly held but could not have been held by any reasonable agent as a result of making sufficiently careful and thorough enquiries may not save an agent from a charge of disgraceful conduct. The precise ambit of the charge in such a scenario is a matter that can be left for another occasion. [34] In the specific factual context of this c...