Search Results

1. BORA Copyright (New Technologies And Performers' Rights) Amendment Bill [pdf, 278 KB]

   ...continues to meet the objectives of the Copyright Act 1994, while allowing for "fair dealing" (research/education etc). For example, clause 24 of the Bill includes digital copies in certain exceptions for educational purposes. Similarly, clauses 29 to 37 of the Bill include digital copies in certain exceptions created for librarians. 6. We also note that in applying the provisions of copyright legislation, a Court is bound (to the extent possible) to apply those provisions in a...

2. Mercury NZ Limited 98.pdf [pdf, 164 KB]

   ...wish to be party to proceeding Dated: 28 September 2020 REFERENCE: Catherine Somerville-Frost (catherine.somerville-frost@chapmantripp.com) Alana Lampitt (alana.lampitt@chapmantripp.com) chapmantripp.com T +64 9 357 9000 F +64 9 357 9099 PO Box 2206 Auckland 1140 New Zealand Auckland Wellington Christchurch In the Environment Court of New Zealand at Auckland I mua i te Kōti Taiao o Aotearoa I te rohe o Tāmaki Makaurau ENV-...

3. The Crown Minerals (Decommssioning and other Matters) Bill [pdf, 175 KB]

   ...includes the freedom to seek, receive, and impart information and opinions of any kind and in any form. This right has been interpreted as including the right not to be compelled to say certain things or provide certain information.1 11. A number of clauses within the Bill provide that the Minister of Energy and Resources or the chief executive may require a permit or licence holders, and non-permit holders to disclose certain information. New sections compelling provision of informati...

4. HD v NU [2023] NZDT 118 (9 March 2023) [pdf, 201 KB]

   ...What loss can HD prove she is entitled to be compensated for? Does the proposed reinstatement place her in a better position that entitles NU to a deduction of the amount of the claim? Was the wastewater system in reasonable working order? 5. Clause 7.3 of the sale and purchase agreement provides that the vender warranted that at settlement all plant, equipment or devise which provided any service or amenity to the property, were delivered to the purchaser in reasonable working ord...

5. ENV-2016-AKL-000188 Lenihan v Auckland Council [pdf, 3.4 MB]

   Appeal template – section 156(1) or 156(3) LGATPA appeals IN THE ENVIRONMENT COURT ENV-2016-AKL- AT AUCKLAND IN THE MATTER of the Local Government (Auckland Transitional Provisions) Act 2010 (LGATPA) and the Resource Management Act 1991 (RMA) AND IN THE MATTER of an appeal under Section 156(3)] of the LGATPA against a decision of the Auckland Council on a recommendation of the Auckland Unitary Plan Independent Hearings Panel (Hearings Panel) on the proposed

6. BORA Kaikoura (Te Tai ō Marokura) Marine Management Bill [pdf, 277 KB]

   Kaikoura (Te Tai ō Marokura) Marine Management Bill 5 March 2014 Attorney-General Legal Advice Consistency with the New Zealand Bill of Rights Act 1990: Kaikoura (Te Tai ō Marokura) Marine Management Bill Purpose 1.We have considered whether the Kaikoura (Te Tai ō Marokura) Marine Management Bill (‘the Bill’) is consistent with the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990 (‘the Bill of Rights Act’). 2.We have concluded that the Bill a

7. [2015] NZEmpC 115 Lever v Dick and Alexander interlocutory [pdf, 177 KB]

   ...entity; the trustee is the legal owner of the trust property. Therefore, a trustee is personally liable for all liabilities incurred in performing the trust, including debts to third parties. This personal liability subsists unless there is a clause in the contract with the third party limiting the personal liability of the trustee; liability can be limited to the trust assets. Clear and unambiguous words are needed for the court to accept that a trustee’s personal liability h...

8. The Maori Trustee v Brightwell - Kaipakopako 2C2 (2016) 354 Aotea MB 226 (354 AOT 226) [pdf, 287 KB]

   ...minutes until then. [16] The financial statements supplied by the Māori Trustees notes the distributable income and why the accounts are unaudited and the trust is not GST registered. The trust has a small income of just under $2,500 per annum. Clause 6(b) of the trust order provides 5 180 Aotea MB 126-127 (180 AOT 126-127) 6 273 Aotea MB 248 (273 AOT 248) 354 Aotea MB 230 that the trustees shall keep proper and...

9. [2022] NZEnvC 258 Southland District Council v Chartres [pdf, 279 KB]

   SDC v CHARTRES – COSTS DECISION IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2022] NZEnvC 258 IN THE MATTER of the Resource Management Act 1991 AND an application for enforcement orders under s314 and s316 of the Act BETWEEN SOUTHLAND DISTRICT COUNCIL (ENV-2020-CHC-109) Applicant AND PETER DONALD CHARTRES AND CP TRUSTEES LIMITED Respondents Court: Environment Judge P A Steven Hearing: In Chambers at Christchurch

10. Bathurst and BT 96.pdf [pdf, 290 KB]

    ...DIRECTOR-GENERAL OF CONSERVATION Appellant And WAIKATO REGIONAL COUNCIL Respondent Notice of wish to be party to proceedings by Bathurst Resources Limited and BT Mining Limited Dated: 28 September 2020 Page 2 of 3 BT-00167 8744539.3 To: The Registrar Environment Court Auckland 1. Bathurst Resources Limited and BT Mining Limited (Bathurst and BT) wish to be party to the following appeal against parts of the decisions of the Respondent (D...