Search Results

1. [2023] NZEnvC 056 Waikanae Land Company Limited v Heritage New Zealand Pouhere Taonga [pdf, 397 KB]

   ...2022. It includes a proposal to list the site that is the subject of these proceedings (and an area of land around the site) as a new wahi tapu area. Council has included this in PC2 as a new qualifying matter. 5. The new wahi tapu listing ostensibly protects historic heritage, and therefore has immediate legal effect for the purposes of \X/LC's consent application. It does not change the activity status of \X/LC's proposal, but it triggers the application of additional policie...

2. NZBORA Advice COVID19 Public Health Response Extension of Act and Reduction of Powers Amendment Bill updated for publication.pdf [pdf, 232 KB]

   ...requirements enabled under clause 8 of the Bill may engage section 22 of the Bill of Rights Act, which affirms that everyone has the right not to be arbitrarily arrested or detained. The purpose of the right not to be arbitrarily detained is the protection of human dignity, autonomy, and liberty.8 42. Where an enactment is inconsistent with section 22, there can be no role for justification under section 5 of the Bill of Rights Act. Rather, the term “arbitrarily” is intended to...

3. Air New Zealand Ltd v Lavender (Work Related Gradual Process Injury) [2024] NZACC 26 [pdf, 200 KB]

   ...out only the larger aerosol particles whereas the N95 traps both large and small. He is wrong in implying that masks are ineffective as a barrier, however, and even at the height of the COVID-19 epidemic here the wearing of N95 masks in health care workers was confined to those deemed at higher risk. [14] On 17 October 2022 and 13 February 2023, review proceedings were held. On 16 February 2023, the Reviewer quashed Air New Zealand’s decision dated 14 December 2021 declining...

4. [2017] NZEnvC 037 Wellington Fish Game Council v Manawatu-Wanganui Regional Council [pdf, 3.7 MB]

   ...Manawatu-Wanganui Regional Council A E Day B J Matheson for Fonterra Co-operative Group Ltd and for DairyNZ Ltd P R Gardner for Federated Farmers of New Zealand M W Black representing Mauri Protection Agency T H Bennion for Water and Environmental Care Association Inc DECISION ON APPLICATION FOR DECLARATIONS Decision issued: !l' March 2017 Declarations made - see para [186] Costs reserved 2 Introduction [1] In an application dated 16 September 2016, as amended in Novem...

5. [2023] NZEnvC 001 Swap Stockfoods Limited v Bay of Plenty Regional Council [pdf, 3.6 MB]

   BEFORE THE ENVIRONMENT COURT AT AUCKLAND I MUA I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU IN THE MATTER AND BETWEEN AND AND Decision No. [2023] NZEnvC 001 of the Resource Management Act 1991 (RMA) of appeals pursuant to clause 14 of the First Schedule to RMA SWAP STOCKFOODS LIMITED (ENV-2019-AKL-000065) TIMBERLANDS LIMITED (ENV-2019-AKL-000073) Appellants BAY OF PLENTY REGIONAL COUNCIL Respondent TOI TE ORA PUBLIC HEALTH PORT OF TAURANGA LIMITED T

6. [2021] NZEnvC 175 Shaw v Hamilton City Council [pdf, 2.5 MB]

   ...their land, which is necessary for potential solutions to be explored. From HCC’s perspective, this is contrary to prior undertakings to provide access. Significantly, there is now insufficient time to properly explore potential accommodation to protect the Objectors bird park prior to mediation. (d) The mediation took place on 1 December 2020 and did not result in resolution. (e) An evidence exchange timetable was agreed. However, the Shaws did not submit any further evidence....

7. Body Corporate 85978 and Unit Owners of St Pauls Apartments v Wellington City Council & Ors [2013] NZWHT Auckland 9 [pdf, 228 KB]

   ...however relate to the nature of its use at the time the application is filed under the Act. The relevant consideration is whether it was intended to have as its principal use occupation as a private residence. [57] The Act is in part consumer protection legislation and was designed to assist the owners of leaky homes. It was not intended to provide assistance for the owners of commercial properties to resolve disputes in relation to leaky buildings. This is the main reason f...

8. LCRO 35/2017 QK v JF and EG (29 May 2019) [pdf, 259 KB]

   ...pursuant to s 206(2) of the Act, which allows a LCRO to conduct the review on the basis of all information available if the LCRO considers that the review can be adequately determined in the absence of the parties. [24] I record that having carefully read the complaint, the response to the complaint, the Committee’s decision and the submissions filed in support of and in opposition to the application for review, there are no additional issues or questions in my mind that neces...

9. LCRO 2/2018 MC v TL (17 June 2020) [pdf, 304 KB]

   ...[55] As identified by the Committee, the main aspect of Mr MC’s complaint is that Mr TL did not act for him competently on the matter. [56] The purposes of the Act include maintaining public confidence in the provision of legal services, and protecting the consumers of legal services.23 To that end r 3, which imposes several duties and applies when a lawyer is providing “regulated services” to a client,24 states that:25 In providing regulated services to a client, a lawyer m...

10. Speaking about cultural background at sentencing: section 16 of the Criminal Justice Act 1985 [pdf, 1.5 MB]

    Speaking about cultural background at sentencing Section 16 of the Criminal Justice Act 1985 Alison Chetwin Tony Waldegrave Kiri Simonsen with Strategic Training and Development Services & The Family Centre Social Policy Research Unit ii First published in November 2000 by the Ministry of Justice PO Box 180 Wellington New Zealand © Crown Copyright ISBN 0-478-20155-9 (Printed) iii Foreword The Criminal Justice Act, which came into force on 1 October 1985, brought about a