Search Results

1. ENV-2017-AKL-000155 The National Trading Company of New Zealand Limited v Auckland Council [pdf, 537 KB]

   ...NTC attaches the following documents to this Notice of Appeal: (a) A copy of the Hearings Panel recommendations version of the Precinct Plan (Annexure A) (b) A copy of the relevant parts of the Hearings Panel’s reports to the Council which formed part of its Recommendation (Annexure B). (c) A copy of the relevant parts of the Decision (Annexure C). (d) A copy of the High Court decision, Bunnings Limited v Auckland Unitary Plan Independent Hearings Panel [2017] NZHC 2141 (Anne...

2. ENV-2017-AKL-000156 C N Barbour Family Trust v Auckland Council [pdf, 1.8 MB]

   ...Independent Hearing Panel failed to identify the impacts of the revised precinct plan beyond the Precinct boundary, and the decision has effectively pre-empted the public consultation and submission process, and analysis, that was intended to inform the final alignment and classification. The new alignment has an immediate and direct impact on the underlying zoning pattern, as the arterial roads form logical zone boundaries within the precinct. (h) The amended alignment and clas...

3. BORA Public Finance (State Sector Management) Bill [pdf, 48 KB]

   ...appear to be inconsistent with the Bill of Rights Act. FULLER ANALYSIS: THE BILL OF RIGHTS ACT ISSUE RAISED BY THE BILL Section 14 - the right to freedom of expression 10. The right to freedom of expression in section 14 extends to all forms of communication that attempt to express an idea or meaning.[1] The right extends to include conduct[2] as well as silence, and may apply irrespective of the content or form of the expression.[3] 11. A number of provisions in the Bil...

4. BORA Employment (Pay Equity and Equal Pay) Bill [pdf, 304 KB]

   ...existing and prevention of future sex discrimination in remuneration and other terms and conditions of employment c. set out the different processes by which employees may make claims relating to sex discrimination, and d. re-enact, in an up-to-date form, the relevant provisions of the Equal Pay Act. 6. To that end, the Bill sets up processes for employees to make the following claims: a. equal pay claims, which are claims alleging that the rate of remuneration paid discriminates on...

5. Mercury NZ Limited [pdf, 203 KB]

   ...Management Act 1991 in the matter of: an appeal pursuant to clause 14(1) of the First Schedule to the Resource Management Act 1991 between: Mercury NZ Limited Appellant and: Waikato Regional Council Respondent 100423514/7877424 Form 7 NOTICE OF APPEAL AGAINST DECISION ON PLAN CHANGE Clause 14(1) of the First Schedule, Resource Management Act 1991 To The Registrar Environment Court Auckland 1 Mercury NZ Limited (Mercury) appeals against the decision of an...

6. M v U [2019] NZDT 1309 (21 August 2019) [pdf, 216 KB]

   ...proceeding on the basis of the notice with half the cost recoverable). 9. I find that Mr M failed to comply with these requirements. Mr M sent a letter to Ms U dated 23 October 2018 about his intentions, but that letter did not contain the information required by s10. The letter failed to note that Mr M intended to switch the posts and rails to Ms U’s side of the fence, does not estimate the cost and does not specify the consequences of not responding. 10. As Mr M did not compl...

7. Martin Te Kaha 45B2 (2007) 95 Opotiki MB 108 (95 OPO 108) [pdf, 361 KB]

   ...an order for the setting aside of Lot 4 as describedintIieplan of subdivision attached to the application. The purpose of the order is for a roadway. Lot 4 is part of the General Land block known as Te Kaha 45B2 but covers part of the legal and formed Parekura Hei Road. [ 4] The Court was advised that in order to improve access to the land and to ensure that the existing road formation is within the legal roadway, the applicants and the Opotiki District Council agreed to widen the R...

8. Moore - Waitara East Section 81 B [2018] Chief Judge's MB 842 (2018 CJ 842) [pdf, 226 KB]

   ...4.10(3) of the Māori Land Court Rules 2011 seeking to review the Registrar’s decision to refuse to file an application made by him on 7 May 2018 pursuant to s 45 of Te Ture Whenua Māori Act 1993 (A20180003483). [2] Following a number of requests to Mr Moore to provide further information, the Registrar informed the applicant by letter dated 10 August 2018 of her decision to refuse to file the application on the basis that it did not comply with r 8.2(2)(b) of the Māori Land

9. BORA Conservation (Infringement System) Bill [pdf, 136 KB]

   ...certain things or to provide certain information. 1 12. Eight clauses in the Bill introduce provisions to six of the principal Acts compelling the disclosure of personal information. In short, the Bill provides officers 2 with the power to request that a person state, and provide evidence of, their full name, residential address, and date of birth, or a combination thereof (‘the information’). In all cases, the power may only be exercised if the officer believes on reasonable gr...

10. [2020] NZEnvC 150 Kingston Lifestyle Properties Limited v Queenstown Lakes District Council [pdf, 588 KB]

    ...('COC') on 9 April 2020 for "the use of the Kingston Flyer Railway (existing transport infrastructure) by trains (i.e. locomotives (or engines) and carriage (or rolling stock))". It was accepted for processing on 15 April 2020 and requests for information have resulted in communication between the parties and a further narrowing of the application for COC. [5] Counsel for KPL says as at the date of this application for a declaration, QLDC has failed to issue a COC...