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1. [2017] NZEnvC 022 J Lenihan & Others v Auckland Council [pdf, 314 KB]

   ...except as otherwise provided in this section, clauses 14(5) and 15 of Schedule 1 of the RMA and Parts 11 and 11A of the RMA apply to the appeal (including, to avoid doubt, sections 299 to 308). (5) Notice of the appeal must be in the prescribed form and lodged with the Environment Court, and served on the Auckland Council, no later than 20 working days after the Council notifies the matters under section 148(4)(a). (6) If the subject matter of the notice of appeal relates to the c...

2. BORA Corrections Amendment Bill [pdf, 265 KB]

   ...of the Bill with the Bill of Rights Act Section 14 – Freedom of Expression 8. Section 14 of the Bill of Rights Act affirms the right of everyone to freedom of expression. Freedom of expression includes the right to seek, receive, and impart information and opinions of any kind in any form. 9. Section 128 of the principal Act, which specifies offences against discipline, is amended to include various offences relating to tattooing. It also becomes an offence to contact, or attempt to...

3. Auckland Standards Committee 5 v Low [2018] NZLCDT 7 [pdf, 353 KB]

   ...the Practitioner coded the variance to an office / suspense code. 10. The Practitioner also failed to maintain client ledgers to record client funds being held in IBD accounts, but did maintain a record of each client’s IBD records in the form of bank records. 11. The Excel trust account system operated by the Practitioner was open to retrospective alteration and deletion. 12. The Practitioner’s failure to keep proper trust account records, as set out at paragra...

4. E61 Mark Gibson - Corporate - EIC - Sealink [pdf, 697 KB]

   ...Waiheke, and more particularly Great Barrier, residents who will be deprived  an essential  service.    I  say more particularly Great Barrier because, given the  characteristics  of  the  vessels  Sealink  operates,  Great  Barrier  can  only  be  serviced from the Wynyard Terminal.   Requested conditions  25. Following recent negotiations, Panuku and Sealink have been able to agree a  set of conditions which would adequately a...

5. E40 Marija Jukic - Contaminant Discharge - EIC - Council [pdf, 772 KB]

   ...soil is tested at its source prior to its disposal at the site.” 8.8 I consider that sampling at a rate of 1 sample per 500m3 listed in point (c) is not sufficient to adequately determine the contamination status of the material. Therefore I request that point (c) above be replaced by the following two points: (c) Be derived from a site which has been determined by a Suitably Qualified Contaminated Land Professional to have had no known history of potentially contaminating activit...

6. [2018] NZEnvC 140 Mawhinney v Auckland Council [pdf, 2.5 MB]

   ...subject of cross-examination, and more generally, it is Mr Duncan's or Ms Lowndes' subjective views as owners which they are (legitimately) expressing , and cross-examination on those would serve little point. [21J The Registrar is also requested to email a copy of this decision to Ms Low, as solicitor for some of the landowners. [22J There is some (hearsay) evidence in Mr Duncan's affidavit that suggests some of the landowners are feeling harassed by Mr Mawhinney&#03...

7. E84 Dennis Kirkwood - EIC - Ngāti Tamaoho [pdf, 1 MB]

   ...of the southern edge of Te Waitematā Harbour. A map of the application area is attached and marked ‘A’. The Crown is yet to engage with us. 33. Ngāti Tamaoho are of the view that it would be inequitable to provide a ten-year approval as requested by Panuku, given that the proposed activity will likely further degrade Te Waitematā, circumvent our ability to exercise rangatiratanga and/or limit our ability to fulfil our role as kaitiaki and exercise our customary rights....

8. Diamondaras v Rice - Rangiuru Part No 2A Bock (2016) 148 Waiariki MB 253 (148 WAR 253) [pdf, 223 KB]

   ...general awareness of the application. Background [4] Rangiuru No 2A roadway was created upon partition of the Rangiuru No 2A, B, C and D blocks on 4 July 1913. 1 Part of the road was proclaimed a public road on 14 September 1989. 2 The unformed portion of the road remained a Māori roadway owned by the owners of Rangiuru No 2A. 3 [5] In 2014 Mr Rice applied to the Court to determine ownership of the road in his favour. In addition he sought to have the road cancelled an...

9. BORA Disability (United Nations Convention on the Rights of Persons with Disabilities) Bill [pdf, 227 KB]

   ...Health (Compulsory Assessment and Treatment) Act 1992. The use of compulsory treatment orders as a proxy for incapacity to carry out the duties of a board member was found to be discriminatory and unjustified under the Bill of Rights Act. This advice formed the basis of a section 7 report to Parliament. 9. The same clause of the ARAF Bill also included a provision providing an automatic disqualification where someone was subject to an order under the PPPRA. We advised you at that time th...

10. Auckland Standards Committee 2 v Gardner [2017] NZLCDT 18 [pdf, 327 KB]

    ...meet with the Committee on an open basis. The concern was that the Committee was continuing to argue that the respondent had acted deliberately against the interests of B and J and that the errors in the trust deed constituted misconduct. That request was refused. He said that the Committee had taken the position that the Tribunal needed to hear from the parties to determine what really had happened. [25] Counsel’s submission was that a two day hearing could have been avoided....