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1. BORA Ngāti Whātua o Kaipara Claims Settlement Bill [pdf, 289 KB]

   ...exclusion was consistent with arts 14 and 27 of the International Covenant on Civil and Political Rights, which are comparable to ss 20 and 27(2) of the Bill of Rights Act.[5] Exclusion of remedy of compensation 8. Clause 29(3) excludes any form of monetary compensation as a remedy for any failure of the Crown to comply with a Culture and Heritage protocol issued under Part 2 of the Bill. It might be argued that this clause limits the right to bring civil proceedings against th...

2. BORA Building (Pools) Amendment Bill [pdf, 292 KB]

   ...the requirements of the Bill. A high degree of public welfare protection is also required. The consequences of failing to comply with the relevant statutory requirement could have potentially serious or even tragic results.” 7. Overall, we have formed the view that the inspection and monitoring powers, in light of the justifications outlined above, do not appear to be inconsistent with section 21 of the Bill of Rights Act. Conclusion 8. We have concluded the Bill appears to be cons...

3. BORA Te Atiawa Claims Settlement Bill [pdf, 278 KB]

   ...consistent with articles 14 and 27 of the International Covenant of Civil and Political Rights, which are comparable to ss 20 and 27(2) of the Bill of Rights Act. [3] Whether s 27(3) at issue 8. Clause 23(3) of the Bill excludes damages and other forms of monetary compensation as a remedy for any failure by the Crown to comply with a protocol under the Bill. 9. This clause may be seen to raise the issue of compliance with s 27(3) of the Bill of Rights Act, namely the right to bring c...

4. ZYX v Attorney-General Non-Publication Order [2014] NZHRRT 44 [pdf, 39 KB]

   ...said to be that of a two to three year old child. Because the plaintiffs have an unusual surname, the identity of their children as persons with disabilities will be simple to deduce. Removal of the decision from the Ministry of Justice website is requested. [3] The Attorney-General opposes removal of the decision from the website but submits the Tribunal should consider anonymising the plaintiffs’ name to protect the privacy interests of their children. The Attorney-General submits...

5. [2016] NZSSAA 048 (31 May 2016) [pdf, 23 KB]

   ...particular specialist. 2 [3] In May 2014 and 2015 the appellant sought to have the cost of attending the specialist and the associated travel costs included in the assessment of his disability costs for the purpose of Disability Allowance. His requests were declined. [4] The appellant sought a review of the 2015 decision. The matter was reviewed internally and by a Benefits Review Committee. The Benefits Review Committee upheld the decision of the Chief Executive. The app...

6. ENV-2016-AKL-230 Ryman Healthcare v Auckland Council & ENV-2016-AKL-237 Housing NZ v Auckland Council consent order [pdf, 160 KB]

   ...being by consent, rather than representing a decision or determination on the merits pursuant to s 297 of the RMA. [11] The Court understands for present purposes that: Order (a) All parties to the proceedings have executed the memorandum requesting this order; and (b) All parties are satisfied that all matters proposed for the Court's endorsement fall within the Court's jurisdiction, and conform to the relevant requirements and objectives of the RMA, including in p...

7. ENV-2016-AKL-000273 Housing New Zealand Corp v Auckland International Airport Ltd [pdf, 182 KB]

   ...being by consent, rather than representing a decision or determination on the merits pursuant to s 297 of the RMA. [5] The Court understands for present purposes that: Order (a) All parties to the proceedings have executed the memorandum requesting this order. (b) All parties are satisfied that all matters proposed for the Court's endorsement fall within the Court's jurisdiction and conform to the relevant requirement and objectives of the RMA, including in particu...

8. Decision [2017] NZEnvC 71 (dated 15 May 2017) – Media Application [pdf, 141 KB]

   ...(a) the Standard Conditions for Film, without audio recording (Schedule 2); (b) the Standard Conditions for Still Photography (Schedule 3); (c) the basic courtesies to be observed at a hearing venue (Schedule 5) all of which are attached to and form part of this decision. (ii) the following additional direction that the members of the court are not to be filmed or photographed during court or on any site visit. Blueskin Energy Limited Media Coverage Application May 2017 2 RE...

9. [2018] NZEmpC 64 Nel v ASB Bank Ltd [pdf, 252 KB]

   ...substantive hearing of the above proceedings was scheduled to commence on 5 June 2018. [2] On 1 June 2018, counsel filed a joint memorandum, informing the Court that a settlement agreement had been entered into between the parties. The Court was requested to adjourn the proceedings for a short period, in anticipation of counsel being able to confirm that the matter had been finally resolved. I vacated the fixture, and have now had the opportunity of discussing all outstanding issu...

10. [2018] NZEnvC 063 Air New Zealand, Queenstown Airport Corp Ltd, Remarkables Park Ltd & Shotover Park Ltd v Queenstown Lakes District Council [pdf, 1.1 MB]

    ...Corporation Ltd to alter Designation 2 and extend the aerodrome at Queenstown Airport ("Lot 6") - a position which was accepted by the District Council at that time. 2 (3) On 19 March 2018 a joint memorandum was filed and the parties requested that the court issue a further interim decision on PC35 in respect of all zones affected by PC35, including the noise boundaries shown on Map 31 a that apply to those zones, but excluding the noise boundaries insofar as they applied...