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1. [2017] NZEnvC 200 Morningstar Development Limited v Auckland Council [pdf, 1.5 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2017] NZEnvC 200 of the Resource Management Act 1991 of an application for a declaration pursuant to s 311 (1) of the Act MORNINGSTAR DEVELOPMENT LIMITED (ENV-2017-AKL-152) Applicant AUCKLAND COUNCIL Respondent Court: Environment Judge JA Smith Environment Commissioner ACE Leijnen Hearing: At Auckland on 12 December 2017 Appearances: CDH Malone for Morning

2. Dr Te Kipa Kepa Brian Morgan - Evidence in Chief [pdf, 2 MB]

   ...relevant knowledge seamlessly alongside scientific understandings of a situation, incorporating both quantitative and qualitative data consistently into the same impact assessment. 58. The starting point to the Framework is Kaitiakitanga, the active protection and enhancement of the mauri of ecosystems, over time. 59. \J\/hen mauri is defined as the life supporting capacity of the air, water and soil the theoretical basis is created for relevance in terms of Aotearoa New Zealand law...

3. CAC10050 v Brown [2013] NZREADT 48 [pdf, 114 KB]

   ...work and those which are not. They submit that the defendant’s analysis does not properly reflect the evidence which is that the process was one (seamless) transaction. Mr Hodge submitted that a piecemeal approach would undermine the consumer protection purpose of the Act and ignore the fact that some matters not within the definition such as placing advertisements, are real estate agency work when carried out by an agent for the purpose of bringing about a sale of a particular proper...

4. E85 Zaelene Maxwell-Butler - EIC - Ngāi Tai ki Tāmaki [pdf, 1.1 MB]

   ...ready to welcome or host the event or visitors associated to the event. 35. In our experience, manuhiri who attempt to enter Ngāi Tai homes and domain without the kaikaranga experience short-lived visits. 36. Ngāi Tai tikanga also requires careful planning and execution for safe passage in and around Tāmaki Makaurau waterways including the harbour of Maraetai or Te Waitematā. Execution always starts with an appropriate karakia. 2507 TU-447097-3-1211-V13:TU 8 37. We note...

5. Sutton v Real Estate Agents Authority (CAC 411) & Fear [2017] NZREADT 27 [pdf, 243 KB]

   ...Regarding the fine: 3.8 … Professional standards must be maintained. The aspects of deterrence and deterrence must be taken into account. It is settled law that a penalty in disciplinary case is primarily about maintenance of standards and the protection of the public, but there can also be an element of punishment. … [53] In the same paragraph, in its assessment of Mr Fear’s conduct, the Committee went on to say: … We consider the breaches were slightly less than t...

6. [2019] NZEnvC 165 SKP Incorporated v Auckland Council [pdf, 761 KB]

   ...Muir in the following terms: [35] The requirement of independence and impartiality of a judge is counterbalanced by the judge's duty to sit, at least where grounds for disqualification do not exist in fact or in law. This duty in itself helps protect judicial independence against manoeuvering by parties hoping to improve their chances of having a given matter determined by a particular judge or to gain forensic or strategic advantages through delay or interruption to the proceedi...

7. COVID-19 Response (Further Management Measures) Legislation Bill - Crown Law Vet [pdf, 219 KB]

   ...COVID-19 period, in the same way as the preceding provisions in relation to mortgages. Analysis 47. These provisions may have an adverse impact on the property rights of mortgagees and lessors. However, the Bill of Rights Act provides no substantive protection for property rights.31 Therefore, the issue is whether the provisions engage any of the procedural protections that the Bill of Rights Act affirms. 48. The provisions have retrospective effect in that they expressly provide that they a...

8. Waitangi Tribunal theme D - Crown's right of preemption [pdf, 4.2 MB]

   " , I i I " ,: I i, I ; I , i i , I , , i ' \ ~ " I I, i : I , I : i I ' i ! I ; I RANGAHAUA WHANUI NATIONAL THEME D THE CROWN'S RIGHT OF PRE-EMPTION AND FITZROY'S WAIVER PURCHASES ROSE DAAMEN 'AUGUST 1998 FIRST RELEASE WAITANGI TRIBUNAL RANGAHAUA WHANUI SERIES Other Rangahaua Whanui reports District reports District 1: Auckland (pt I), R Daamen, P Hamer, and Dr B Rigby; (pt 11), M Belgrave Distri

9. [2013] NZEmpC 238 AsiaCiti Trust NZ Ltd v Harris [pdf, 159 KB]

   ...account in the assessment are as follows: 2 [1999] 1 ERNZ 490. 3 [2001] 2 NZLR 731, [2001] ERNZ 46 (CA). a) The restraint will only be enforceable to the extent that it is required to protect a proprietary interest of the employer. b) The reasonableness of the restraint – timeframe and geographic area – is relevant in determining reasonableness. c) The scope of the restraint will be considered. d) The rel...

10. BORA Insolvency Law Reform Bill [pdf, 382 KB]

    ...occur in the years prior to a person being adjudicated bankrupt. These offences would apply retroactively to activities prior to the Bill coming into force as an Act, and therefore give rise to an issue under section 26(1) of the Bill of Rights Act (protection against retroactive offences). 11. Where an issue arises, a provision may nevertheless be consistent with the Bill of Rights Act if it can be considered a reasonable limit that is justifiable in terms of section 5 of that Act. We...