Search Results

1. [2017] NZEnvC 202 MacKenzie District Council [pdf, 2.1 MB]

   ...information and how these can be adapted over time in response to information on the effectiveness of measures to avoid, remedy of mitigate adverse effects on indigenous biodiversity. f) Conditions to ensure obligations in respect of biodiversity endure, including beyond any changes of ownership (wholly or partially) of the landholding and review of conditions. g) The benefits that the activity provides to the local community and beyond. Unless provided for in Rule 19.2.1 any indigeno...

2. [2022] NZIACDT 13 – BU v McCarthy (20 June 2022) [pdf, 108 KB]

   ...DISCUSSION [27] The misconduct found by the Tribunal is serious. Mr McCarthy deliberately deceived his client into believing that a request for a visa had been made to Immigration NZ, when in fact no such request had been made. This deception endured for about 18 months. The consequences for the complainant’s daughter-in-law were serious, as she was already unlawfully in New Zealand at the time Mr McCarthy was engaged. He was not responsible for her unlawful status, but it was...

3. Child Protection (Child Sex Offender Government Agency Registration) (Overseas Travel Reporting) Amendment Bill [pdf, 2.4 MB]

   ...posed by registered sex offenders in other countries constitutes an important objective. I have noted previously that child victims of sexual offending are amongst the most vulnerable victims of crime, and the resultant harm is often very serious and enduring. I, therefore, consider that the objective of the Bil) is sufficiently important. ls there a rational connection between the limit and the objective? 21. As noted in the s 7 Report, there is limited evidence from other jurisdictions...

4. Manuirirangi v Parininihi Ki Waitotara Incorporation - Waiokura Te Kauae blocks, Section 27-29, 33,34, 40-44 and Section 111 Block VII Waimate Survey District and Lot 1 Deposited Plan 5603 (2013) 312 Aotea MB 104 (312 AOT 104) [pdf, 86 KB]

   ...Waitangi Tribunal, The Taranaki Report: Kaupapa Tuatahi (GP Publications, 1996) 4 West Coast Settlement Reserves Act 1881 312 Aotea MB 107 these lands to PKW represented a final undermining of the remnants of the hapū structures that had endured through the hardships wrought by raupatu. [13] The applicant further submits that the Court should find that several actions were unlawful: the mandate of the Advisory Committee responsible for co-ordinating the amalgamation of t...

5. Whiles-Clarry v Standing [2011] NZIACDT 25 (8 August 2011) [pdf, 92 KB]

   ...a degree of imprecision as to the quantum of this loss, and furthermore it is important not to “double count” by failing to have regard to the compensation that will be ordered in respect of loss of wages. In addition, there was expenditure on enduring assets, which assisted with seeking work such as a motor vehicle and a computer. That was not a loss. [40] The information before me, and the nature of the claim, requires me to deal with this aspect of compensation as being in the nat...

6. SR v ITH [2012] NZIACDT 9 (16 March 2012) [pdf, 104 KB]

   ...duration would have assisted Ms SR, particularly having regard to her unlawful status at the time. Accordingly, my view is Mr ITH’s approach of challenging the earlier decision was appropriate. [22] It is to be noted that when the relationship had endured for approximately a year the prospects of making a successful section 35A application would have been much greater. Accordingly, the fact that a successful application was made later is not inconsistent with my view. Further, Mr ITH f...

7. Wall - Kararaina Akuhata Wall Whanau Trust (2004) 178 Napier MB 191 (178 NA 191) [pdf, 1.8 MB]

   ...18 February 2004 counsel for Neri Wall and Nopera Wall wrote a letter to the Maori Land Court advising that this application has been withdrawn: "3. We further advise that we formally withdraw our application to constitute a kaitiaki trust. Enduring power of attorney has already been granted to Michael Ryan Wall and Raewyn Ataera in relation to the 'whole' of the property belonging to Kararaina Turukiao Koha Wall, and remains in force. As such a kaitiaki trust cannot be co...

8. Joint Venture QA - October [docx, 35 KB]

   ...strategy and response. · Provide strategic leadership of the approach to commissioning services, working alongside contracting agencies to reflect this in their funding strategies, including the development of new models of contracting. · Ensure an enduring, sustained commitment to reducing family violence and sexual violence that binds all of the agencies involved. · Be accountable to the public and to Parliament for the performance of this whole-of-government response – to substantia...

9. Joint Venture QA October [pdf, 327 KB]

   ...response. • Provide strategic leadership of the approach to commissioning services, working alongside contracting agencies to reflect this in their funding strategies, including the development of new models of contracting. • Ensure an enduring, sustained commitment to reducing family violence and sexual violence that binds all of the agencies involved. • Be accountable to the public and to Parliament for the performance of this whole-of-government response – to...

10. [2020] NZEmpC 59 Johnson v Chief of the NZ Defence Force [pdf, 246 KB]

    ...Authority proceedings. I have reviewed the invoices rendered to Mr Johnson in respect of the Authority’s proceedings. There appear to be some attendances that do not relate to the Authority’s proceedings, such as the preparation of a will and an enduring power of attorney. Even allowing for those particular factors, I am not satisfied that the assessment of costs should proceed on the basis of costs actually incurred when it is not clear why they are so high. [36] The followi...