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1. BS v KC & DC [2024] NZDT 489 (11 June 2024) [pdf, 243 KB]

   ...fencing around a heritage listed property. The Council has confirmed that there are no rules about the type of fence that has been built. However, the Council has advised that a 1.5m high fence is permitted around a heritage listed home, and so a resource consent approval is required for a fence to exceed that height because of the heritage status of KC and DC’s fence. The Council said that if the neighbours agree on a higher fence, up to 2m, then they can apply for a “deemed permitte...

2. Policy Framework for New Infringement Schemes [pdf, 84 KB]

   ...defendant has the benefit of a discounted penalty, no possibility of conviction and, despite the diminution of their legal rights, avoids the time and cost involved in a court hearing. c. The justice system does not need to devote judicial and court resources to determining whether each offence has occurred. The Court system does, however, become involved where the unpaid infringement fee is filed for enforcement or the infringement notice is challenged by the defendant. 8. A...

3. NH & UH v SD Ltd [2024] NZDT 666 (4 September 2024) [pdf, 250 KB]

   ...SD Limited says that the amount NH and UH seek for a replacement sign is huge and is not justified. She notes that the [Sign-making Company 1]’s quote presented by NH and UH is for a sign that is bigger in size than the Sign, and will trigger a resource consent application which will incur more costs. She does not believe that traffic management and an engineer’s report will be required in the circumstances, so is of the view that the $2,750.00 allowance for an engineer’s report in...

4. OIA-119557.pdf [pdf, 2.2 MB]

   ...(selectcommittees.parliament.nz) The inquiry looked at local government bylaws, with a key focus on enforcement. It noted the issue that bylaw breaches often end up as “ghost offences” because the majority can only be enforced through court prosecution and the resources required to do this are frequently out of proportion with the level of offending. There is a provision in the Local Government Act for regulations to make bylaw breaches infringement offences, but this has rarely been used...

5. Anti-Money Laundering and Countering Financing of Terrorism - Cabinet Paper 3 - October 2016 [pdf, 1.2 MB]

   In confidence Office of the Minister of Justice ANTI-MONEY LAUNDERING AND COUNTERING FINANCING OF TERRORISM REFORMS: PHASE II Proposal 1. Further to the decision to pass legislation implementing the second phase of the Anti-Money Laundering and Countering the Financing of Terrorism (AML/CFT) reforms, this paper: a. Outlines benefits and anticipated costs of the reforms; b. Provides an overview of the feedback on key issues received by the Ministry of Justice during consultat

6. Derek Onley (filed 6 June 2017) [pdf, 820 KB]

   BEFORE THE ENVIRONMENT COURT CHRISTCHURCH REGISTRY ENV-2016-CHC-47 IN THE MATTER of an appeal under Section 120 Resource Management Act 1991 BETWEEN BLUESKIN ENERGY LIMITED Appellant AND DUNEDIN CITY COUNCIL Respondent 1. I am Derek Onley, ecologist, ornithologist and illustrator. I studied Geography at Cambridge University, then worked at the British Trust for Ornithology and the Edward Grey Institute for Field Ornithology at Oxford before coming to New Zealand in the 1970s....

7. [2011] NZEmpC 50 Raukura Hauora o Tainui Trust v Nathan [pdf, 56 KB]

   ...to pay and prospect of repayment of the Plaintiff’s monies owed pursuant to the final award. [5] In relation to the wages and holiday pay claim, Mr France advised that before the Employment Relations Authority hearing the plaintiff’s human resources manager had recognised that the plaintiff owed the defendant outstanding wages and holiday pay in the sum of $8,166.62. Mr France claimed that, given that concession, the sum of $8,166.62 should be offset against the figure of $24,...

8. [2008] NZEmpC WC 6/08 Crook v Sovereign Services Ltd [pdf, 15 KB]

   ...to be vindicated has exacerbated her illness. She now accepts the decision of the Court that the legal threshold required to be met by her has prevented her claim from succeeding. There is also a considerable imbalance of comparative financial resources between the parties. The plaintiff’s former employer is a multi-national insurance company while she is receiving payments under her disability insurance scheme. This has reduced her standard of living. [11] The award of costs...

9. ENV-2017-AKL-000110 Smart v Auckland Council [pdf, 522 KB]

   IN THE ENVIRONMENT COURT AT AUCKLAND IN THE MATTER AND IN THE MATTER AND IN THE MATTER BETWEEN AND ENV·2016·AKL· of the Local Government (Auckland Transitional Provisions) Act 2010 (LGATPA) and the Resource Management Act 1991 (RMA) of an appeal under section 156(3) of the LGATPA against a decision of the Auckland Council on a recommendation of the Auckland Unitary Plan Independent Hearings Panel (Hearings Panel) on the proposed Auckland Unitary Plan (Proposed Plan...

10. [2017] NZEnvC 075 Edens v Thames Coromandel District Council [pdf, 96 KB]

    BEFORE THE ENVIRONMENT COURT IN THE MATTER AND IN THE MATTER BETWEEN AND Decision No. [2017] NZEnvC 0 t 5 of the Resource Management Act 1991 of an appeal under clause 14 of the First Schedule to the Act SUE EDENS (ENV-2016-AKL-000118) Appellant THAMES-COR OMAN DEL DISTRICT COUNCIL Respondent Court: Environment Judge D A Kirkpatrick, sitting alone pursuant to s 279(1 )(a) Hearing: On the papers Date of Decision: 26 May 2017 Date of Issue: 26M AV ?n17 DECIS...