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1. Guide for Policy and Legal Advisors

   ...protects against retroactive penalties by providing that no one shall be liable to be convicted of any offence on account of any act or omission by that person which did not constitute an offence at the time it occurred. An accused person’s conduct is judged by the law that was in force at the time they acted or failed to act. The law should not apply retroactively: a person must be able to foresee the consequences of their actions. Section 26(1) should be considered when developing policies...

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   1. Justice sector & policy >
   2. Constitutional issues & human rights >
   3. The Bill of Rights Act

2. [2015] NZEnvC 218 Waiheke Marinas Ltd [pdf, 11 MB]

   ...to establish a Marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf BY W AIHEKE MARINAS LIMITED ("WML") (ENV -2014-AKL-OOO 174) Applicant at Auckland in the weeks of 6, 13,20 and 27 October 2014 and 27 July 2015 Environment Judge LJ Newhook Environment Commissioner R Howie Environment Commissioner ACE Leijnen R Brabant and J Brabant for the Applicant M Allan and S Schlaepfer for the Respondent M Casey QC & K Littlejohn for Direction Matiatia Inc R Enright f...

3. [2019] NZEnvC 195 Clevedon North Limited v Auckland Council [pdf, 11 MB]

   ...AOTEAROA [2019] NZEnvC \ q 5 IN THE MATTER of the Resource Management Act 1991 AND of an appeal pursuant to s120 of the Act BETWEEN CLEVEDON NORTH LIMITED (ENV-2019-AKL-029) Applicant AND AUCKLAND COUNCIL Respondent Court: Environment Judge J A Smith Commissioner R M Bartlett Hearing: 4 - 6 November 2019 Appearances: R E Bartlett QC for Clevedon North Limited S F Quinn for Auckland Council A Rennie for herself and J Rennie and A & J Keating M J Whitehouse for Clevedo...

4. Waitangi Tribunal theme L - Trust administration of Māori reserves [pdf, 3.3 MB]

   RANGAHAUA WHANUI NATIONAL THEME L THE TRUST ADMINISTRATION OF MAORI RESERVES, 1840-1913 RALPH JOHNSON AUGUST 1997 FIRST RELEASE WAITANGI TRIBUNAL RANGAHAUA WHANUI SERIES Other Rangahaua Whanui reports District reports District 1: Auckland (pt I), R Daamen, P Ramer, and Dr B Rigby; (pt 11), M Belgrave District 5B: Gisborne, S Daly District 7: The Volcanic Plateau, B Bargh District 8: The Alienation of Maori Land in the Rohe Potae, C Marr District 9: The Whanganui Distr

5. [2022] NZEnvC 077 Durham Property Investments Ltd v Napier City Council [pdf, 898 KB]

   ...NZEnvC 077 IN THE MATTER OF an appeal under section 120 the Resource Management Act 1991 (the Act) BETWEEN DURHAM PROPERTY INVESTMENTS LIMITED (ENV-2021-AKL-102) Appellant AND NAPIER CITY COUNCIL Respondent Court: Environment Judge MJL Dickey, sitting alone pursuant to s 279 of the Act Date of Order: 12 May 2022 Date of Issue: 12 May 2022 _________________________________________________________________ CONSENT ORDER ______________________...

6. 2024-NZEnvC-016-Director-General-of-Conservation-v-Northland-Regional-Council.pdf [pdf, 1.6 MB]

   ...Management Act 1991 AND IN THE MATTER OF an application for Water Take consents from the Te Aupōuri Aquifer BETWEEN DIRECTOR-GENERAL OF CONSERVATION (ENV-2021-AKL-129) Appellant AND NORTHLAND REGIONAL COUNCIL Respondent Court: Judge J A Smith Commissioner R M Dunlop Commissioner S K Prime Hearing: 11 – 12 December 2023 Last case event: 12 December 2023 Appearances: L M Sutherland for the Director-General of Conservation (DOC) R Ashton and A Green fo...

7. [2024] NZEnvC 176 Waimarino Queenstown Limited v Queenstown Lakes District Council [pdf, 942 KB]

   ...Resource Management Act 1991 AND an appeal under s120 of the Act BETWEEN WAIMARINO QUEENSTOWN LIMITED (AS SUCCESSOR TO) B PROPERTY GROUP LIMITED (ENV-2023-CHC-1) Appellant AND QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Environment Judge P A Steven Environment Commissioner C J Wilkinson Environment Commissioner J T Baines Hearing: at Queenstown on 29, 30 April 2024 and 1, 2 May 2024 site visit on 29 April 2024 Appearances: B Matheson and H Mahon for the appell...

8. [2023] NZEnvC 226 Scaife v Queenstown Lakes District Council [pdf, 1.2 MB]

   ...226 IN THE MATTER of the Resource Management Act 1991 AND an appeal under clause 14 of the First Schedule of the Act BETWEEN M SCAIFE (ENV-2021-CHC-022) Appellant AND QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Environment Judge J J M Hassan Environment Commissioner J T Baines Hearing: at Queenstown on 28 February 2023 Appearances: M Scaife and C Byrch in person M G Wakefield and S L Richardson (via AVL) for the respondent M Holm and L Ford for Mataka...

9. [2023] NZEnvC 141 Nature Preservation Trustee Limited v Queenstown Lakes District Council [pdf, 30 MB]

   ...[2023] NZEnvC 141 IN THE MATTER of the Resource Management Act 1991 AND an appeal under s120 of the Act BETWEEN NATURE PRESERVATION TRUSTEE LIMITED (ENV-2022-CHC-42) Appellant AND QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Environment Judge J J M Hassan – sitting alone under s279 of the Act In Chambers at Christchurch Date of Consent Order: 5 July 2023 _______________________________________________________________ CONSENT ORDER __________________________________...

10. Evaluation of Legal Aid providers survey [pdf, 897 KB]

    ...Māori were estimated to make up around 5.5% of the profession. The information was collected from data about jobs broken down by ethnicity collected by Statistics New Zealand in the 2006 Census. For this purpose, lawyer included barrister, solicitor, Judge, tribunal members, or magistrates: New Zealand Law Society (2011) “Māori under-represented in legal profession”, accessed 19 January 2012 at http://my.lawsociety.org.nz/in_practice/practising_law/legal_profession_statistics/mori_un...