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1. [2016] NZEnvC 253 Environmental Defence Society Incorporated v Mackenzie District Council [pdf, 666 KB]

   ...~istrict Plan as being in the Mackenzie Basin as at 1 January 2002, thereby strictly confining the geographical extent of the new temporary restriction. [69] I exercise the discretion of the Court and make the declaration and the order in the carefully refined form set out in paragraph [67] above. [70] Costs are reserved. DATED at AUCKLAND thiS,2; I'lday of 2016 LJ Newhook Principal Environment Judge

2. BORA Statutes Amendment Bill [pdf, 391 KB]

   ...and seizure. There are two limbs to the section 21 right. First, section 21 is applicable only in respect of those activities that constitute a "search or seizure". Second, where certain actions do constitute a search or seizure, section 21 protects only against those searches or seizures that are "unreasonable" in the circumstances. 7. Two amendments were identified as giving rise to prima facie issues of inconsistency with section 21 of the Bill of Rights Act. Bios...

3. BORA New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Amendment Bill [pdf, 204 KB]

   ...names exist for the same geographic feature, one or all of the names may be used in an official document (but it is not necessary to use all alternative names) • requires the Minister of Conservation to notify the Board when the name of a Crown protected area is discontinued because the area has ceased to be a Crown protected area, has been included in another Crown protected area, or for any other reason, and • requires the Board to remove discontinued names of Crown protected are...

4. CAC 414 v Goyal [2018] NZREADT 3 [pdf, 191 KB]

   ...obtain the vendors’ consent in the prescribed form to VAD’s acquisition of the properties; [b] s 135, by failing to provide the vendors with an independent valuation; [c] r 6.1 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”), by failing to comply with fiduciary obligations owed to his vendor clients; [d] r 6.3, by engaging in conduct likely to bring the industry into disrepute; [e] r 6.4, by misleading or withholding informa...

5. Canterbury Westland Standards Committee 1 v Whitcombe [2019] NZLCDT 37 [pdf, 152 KB]

   ...arose is a very serious matter, we did not consider this reached the standard of misconduct in this particular instance. Issue 2 [27] As admitted, this is certainly a case of clear negligence on the part of the practitioner in failing to properly protect the vendor, firstly from the risks posed by a conflict of interest, and secondly, from the risks proposed by a subdivision which was required to ensure that she received full payment, in circumstances where no default or penalty p...

6. LCRO 252/2016 MY on behalf of BAT Ltd (12 March 2019) [pdf, 250 KB]

   ...an application for liquidation based on the failure to comply with the Statutory Demand had been canvassed, that Mr BJ came to the final view that he could not confirm to the court that the debt was undisputed. Mr BJ met his duty to the court to carefully consider the matter and his duty to the court overrides any wish expressed by Mr MY. [45] Mr BJ’s conduct does not approach incompetence to the level required before a finding of unsatisfactory conduct can be made. He also had...

7. [2018] NZEnvC 214 King v Heritage New Zealand Pouhere Taonga [pdf, 13 MB]

   ...an acronym for Save Our Unique Landscape. [12] HNZPT is a statutory entity established under the HNZPTA, responsible for the administration of that Act and relevantly having among its functions :5 4 5 (c) To advocate the conservation and protection of historic places, historic areas, wahi tupuna, wahi tapu and wahi tapu areas: ... (e) To issue authorities in accordance with this Act: ... (i) To act as a heritage protection authority under Part 8 of the Resource Management Act...

8. Restorative justice: Practice resources for family violence cases 2019 [docx, 6.8 MB]

   ...evidence-based risk factors · the adult victim’s assessment of the risk[footnoteRef:1] [1: This risk assessment work is largely drawn from the Western Australian Common Risk Assessment and Risk Management Framework (2nd ed.), Department for Child Protection and Family Support (2015). Perth, Western Australia: Western Australian Government.] [bookmark: _Hlk12959850]Case file no: Date: 1. Risk and lethality factor identification Factors marked with an asterisk (*) indicate an increa...

9. Julian v Inia - Succession to Moehuarahi Te Ruuri (2024) 322 Waiariki MB 32 (322 WAR 32) [pdf, 300 KB]

   ...(2024) 322 Waiariki MB 32 (322 WAR 32) I TE KOOTI WHENUA MĀORI O AOTEAROA I TE ROHE O TE WAIARIKI In the Māori Land Court of New Zealand Waiariki District AP-20230000024870 A20210015426 WĀHANGA Under Sections 3A and 4 Family Protection Act 1955 MŌ TE TAKE In the matter of Succession to Moehuarahi Te Ruuri I WAENGA I A Between TUI KUIAKAHA JULIAN Te Kaitono Tuatahi First Applicant AP-20230000021564 ME And JOAN...

10. Evidence - Traffic - Minister for Children - Samantha McCarthy - Final [pdf, 238 KB]

    ...O AOTEAROA ENV-2019-AKL- 000007 IN THE MATTER of the Resource Management Act 1991 ("RMA") A N D IN THE MATTER of a proposed direct referral of a notice of requirement by the Minister of Children to alter Designation 3800 ‘Care and Protection Residential Centre – Upper North’ in the Auckland Unitary Plan (Operative in Part) BETWEEN MINISTER FOR CHILDREN Applicant A N D AUCKLAND COUNCIL Regulatory Authority EVIDENCE OF SAMANTHA LO...