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T H E N G Ā T I K A H U R E M E D I E S R E P O R T Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz t h e N g ā t i K a h u R e m e d i e s R e p o r t W A I T A N G I T R I B U N A L R E P O R T 2 0 1 3 W A I 4 5 Downloaded from www.waitangitribunal.gov
...dated 7 February 2018. Annexure B - Summary table of scope of the New Objective. Annexure C - Extracts from the Transcript - Cross examination of Council witnesses regarding how the unchallenged lower order provisions would give effect to the protection of historic heritage if the new objective was introduced. Annexure D - Extract of Ms Linzey's evidence addressing how historic heritage is managed by the Unitary Plan; • Auckland Council, dated 6 June 2018; • M Jones and...
...provisions. [6] The SCAR (as part of the Special Character Overlay Residential and Business) is one of no fewer than 27 Overlays in the AUP. As the word suggests, 'Overlays' are spatially mapped in the AUP. They serve to recognise, manage and protect particular values and resources across the Auckland region. As such, they can apply across parts of Zones and Precincts. The SCAR also includes objectives, policies and rules (including activity classifications and standards)....
...intervene in the proceedings, given the wider importance of the preliminary question of law identified by the Authority. The Court considered it would likely be 1 Employment Relations Act 2000, ss 142W and 142Y; Holidays Act 2003, s 77A; Wages Protection Act 1983, s 11A. 2 Lawton v Steel Pencil Holdings Ltd (in liq) [2021] NZERA 92 (Member Loftus). 3 At [19]. 4 At [20]. assisted by hearing from MBIE on the interpretation of relevant provisions of Part 9A of the E...
...asked, w hat areas ofTapu we should be careful of, in the building of the Whare, and especially in our art making, she replied, "Do not dwell or enquire into the sacred area of knowledge for mahi-toi. We no longer know the ancient karakia of protection of our Tipuna... Keep an honest heart, show integrity, and move forward. What you don't know won't hurt you." Advice that continues to be relevant today. Emma was a respected authority on genealogy and tribal history. A...
-BEFORE THE ENVIRONMENT COURT IN THE MATTER AND BETWEEN AND Decision No. [2017] NZEnvC 175 of the Resource Management Act 1991 of an application for declarations under s 311 of the Act NZ BUILDING AND PROJECTS LIMITED and RUBAN MAHABIR (ENV-2017-AKL-74) Applicants AUCKLAND COUNCIL Respondent Court: Environment Judge J J M Hassan (Sitting alone under section 309 of the Act) Hearing: at Auckland on 28 September 2017 Appearances: Dr J Forret for the applicants S Q
...incentives for employers, thereby inadvertently encouraging non-compliance as a business risk worth taking. Such an outcome would seriously undermine Parliament’s intent in enacting the pecuniary penalty provisions, and the integrity of the protections against incursion into minimum employment entitlements. [80] The Labour Inspector accepts that proportionality must be applied to reflect the amount originally at issue and the fact that the defendants are closely related. I do no...
...finding of a breach of the rules is effectively a determination of unsatisfactory conduct. [61] Ms Copeland also submitted that to find unsatisfactory conduct then use the s 80(2) power to take no further action would be contrary to the consumer protection focus of the Act. She further submitted that if a Committee or the Tribunal is to take no further action on a complaint then it benefits licensees to have the discretion exercised before there is any finding of unsatisfactory con...
...Hemi, a trustee of the Hemi Whānau Trust, opposes the application. He submits that public use of the roadway has caused significant disturbance to his whānau’s use and enjoyment of their land. The erection of a gate was, therefore, necessary to protect their property rights and prevent uninvited vehicular access. [4] The issue for determination is whether a permanent injunction should be granted requiring Mr Hemi to remove the gate he has erected and to stop any party from bloc...
...be met. As with all large-scale infrastructure projects, the construction of the Project will result in environmental effects, and potential effects, that need to be addressed and managed. The construction methodology for the Project has been carefully developed to consider and address adverse effects and potential adverse effects. This includes discussions with subject-matter experts (for example, noise and vibration experts) working on the Project, and with submitters and stakeho...