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1. Aotearoa New Zealand Public Media Bill [pdf, 224 KB]

   ...Zealand Public Media Bill (the Bill) is consistent with the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990 (the Bill of Rights Act). 2. We have not yet received a final version of the Bill. This advice has been prepared in relation to the latest version of the Bill (PCO 22581/1.15). We will provide you with further advice if the final version includes amendments that affect the conclusions in this advice. 3. We have concluded that the Bill appears to be cons...

2. [2022] NZACC 73 – Brown v ACC (3 May 2022) [pdf, 149 KB]

   ...file the appeal out of time and set out the reasons why the appeal was filed late. [4] On 28 March 2022, Mr Brown submitted that his appeal was filed late because: the Corporation’s new decision, identical to its previous (quashed) decision in relation to funding for surgery, was released only on 23 December 2021; his request for full disclosure of his Corporation files, made on 26 December 2021, was met only on 17 February 2022; and his Notice of Appeal was completed on 14 March...

3. Guidelines for Hearings [pdf, 331 KB]

   ...the inquisitorial process requires the Member to fully prepare for the hearing as they are more closely involved in questioning witnesses than a judge in regular court. When preparing your case think about: • the issues • how the evidence relates to the issues • what you need show to prove your case • what witnesses are needed to prove your case While these issues can at times be complex, the Member will talk through and identify the issues with the parties before the hearing....

4. OIA-97291.pdf [pdf, 280 KB]

   ...addit ional time for the necessary consultations to take place. It is important to note that, in the period since we responded to your previous request in 2021 (OIA 911 12 refers), the Ministry has made changes to improve how we record information relating to bullying and harassment complaints. Previous data provided to you was based on complaints that were made through our employee self­ serve HR online system. In addition to this, we now report on complaints that are made directly to a...

5. 30 January 2023 Waikanae Land Company Limited v Heritage New Zealand Pou here Taonga [pdf, 117 KB]

   ...evidence exchange was set down in previous Minutes of the Court. 4 MAORI LANGUAGE AND SPECIAL REQUIREMENTS If any party or witness: 1. wishes to speak Maori at the hearing under the Maori Language Act 1987, or 2. has special needs (for example in relation to disability and access, deafness, difficulties with the English language), or 3. has any special arrangements for the hearing are required, e.g . transport for site visits, storage space for bulky exhibits, video playback https...

6. 2022 NZPSPLA 050.pdf [pdf, 106 KB]

   ...convictions to them. However, there have been no issues of concern since Mr Boldit Yor obtained his COA and he has not come to police attention in any other way since he returned to New Zealand in 2018. His New Zealand convictions were driving related, over 20 years ago and largely irrelevant. [8] Mr Boldit Yor has the support of his community and I accept he poses little risk to the wider community. Therefore, instead of cancellation of his COA I consider the appropriate penalt...

7. [2022] NZEnvC 223 Heritage New Zealand Pouhere Taonga v Marlborough District Council [pdf, 279 KB]

   ...appeal is otherwise dismissed. B: Under s285 RMA, there is no order as to costs. REASONS Introduction [1] This proceeding concerns an appeal by Heritage New Zealand Pouhere Taonga2 against part of a decision of the Marlborough District Council in relation to Volume 1: Chapter 10 and Volume 2: Chapter 2 of the proposed Marlborough Environment Plan ('pMEP') that was allocated to Topic 7 - Heritage. [2] A consent order for this topic was issued 25 July 2022 endorsing the a...

8. 7 February 2023 MacFarlane Investments Ltd v Queenstown Lakes District Council [pdf, 213 KB]

   ...evidence that will be produced to the Court at the hearing. 4 MĀORI LANGUAGE AND SPECIAL REQUIREMENTS If any party or witness: 1. wishes to speak Māori at the hearing under the Māori Language Act 1987, or 2. has special needs (for example in relation to disability and access, deafness, difficulties with the English language), or EC4180_NoticeOfHearing 3. has any special arrangements for the hearing are required, e.g. transport for site visits, storage space for bulky exh...

9. [2023] NZEnvC 063 Chang v Auckland Council [pdf, 181 KB]

   ...such other matters as the Judge thinks fit. [8] Having considered the present circumstances, I find it appropriate to grant an interim stay. I consider that the likely effect on the environment of granting the stay on a temporary basis will be relatively minor and acceptable. It would be unreasonable to require Ms Chang to comply with the abatement notice pending her appeal. In my view, it would be preferable to allow the parties time to review the matter closely, have discussions a...

10. [2022] NZEnvC 180 Waikato Regional Council v Pollock Farms (2011) Ltd [pdf, 242 KB]

    ...enforcement order may at any time apply to the Environment Court in the prescribed form to change or cancel the order. 2 Affidavit of Stephen John Hudson affirmed on 23 August 2022 at [7]. [4] [S] [6] [7] (2) Sections 317 to 319 (which relate to notification, hearing, and decision) apply to every application under subsection (1) as if it were an application for an enforcement order. The power contained in s 321 of the RMA to change or cancel an enforcement order is exp...