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  1. Staite v Greenville - Paeroa East 4B2C2 (2002) 264 Rotorua MB 132 (264 ROT 132) [pdf, 711 KB]

    ...take matters into his own hands and to build a bridge on his own land, the new bridge. It was claimed by the respondents, that the work on the bridge by Staite, constituted the replacement of the old bridge and therefore consent pursuant to the Resource Management Act 1991 C'RMA"), was required. In fact Staite had dealt extensively with the Waikato Valley Authority, which had conceded rightly or wrongly that consent was not needed. He therefore had the ability to proceed....

  2. LCRO 230/2018 TM - Application for Review of a Prosecutorial Decision (3 April 2019) [pdf, 176 KB]

    ...to the Tribunal.1 The Court explained that:2 The protection to the practitioner once afforded by the threshold test [in the Law Practitioners Act] is thus now met by other means. The oversight of the LCRO should also assist in protecting the resources of the Tribunal and prevent it from being overwhelmed by petty or trivial cases. [14] Previous decisions from this Office have emphasised the need for this Office to proceed with caution when considering whether or not to interfere wi...

  3. Family Court Rewrite Submission - Court Staff Member (2) [pdf, 182 KB]

    ...proceedings involving Mäori children. This would help the court to make culturally appropriate decisions and raise the cultural capability of the Family Court Bench. Maybe, do they have the right skill set? Could some of these Judges be a useful resource in other ways, training/liaising with Family Court Judges? Considering if any legislative or operational measures should be supported by a strategic framework that creates objectives and accountability for those involved....

  4. Evidence Brief: Three strikes law [pdf, 437 KB]

    ...(1995). The impact of sentencing guidelines on jail incarceration in Minnesota. Criminology, 33, 283-302. doi: https://doi.org/10.1111/j.1745- 9125.1995.tb01179.x Department of corrections annual report 2015/2016. http://www.corrections.govt.nz/resources/strategic_reports/annual- reports/annual_report_201516.html Dickey, W. J., & Hollenhorst, P. (1999). Three-strikes laws: Five years later. Corrections Management Quarterly, 3, 1-18. https://search-proquest- com.helicon.vuw.ac.nz/d...

  5. Short - Tumu Kaituna 14 (2021) 249 Waiariki MB 71 (249 WAR 71) [pdf, 238 KB]

    ...legal representation.7 [17] Mr Dennett advised that the trust is not eligible for legal aid and has not applied under the Legal Services Act 2011. He submitted that, at the time of the application for special aid “the [t]rust had very limited resources”. However, “the [t]rust acknowledges that there should be an Order charging the land with repayment” in the event special aid funding is granted. 6 Correspondence from G Dennett dated 10 July 2018. 7 Memorandum to the...

  6. Couch - Rapaki Māori Reservation 875 Section 8B1 (2021) 69 Te Waipounamu MB 235 (69 TWP 235) [pdf, 260 KB]

    ...years. [39] The applicant also submits the remaining 702m2 is large enough to build on. Ms McLay referred to the Christchurch City Council Replacement District Plan and submits that the applicant or other owners who wish to build will need to meet resource consent requirements due to set-back rules. The minimum set-back from internal boundaries for buildings and structures is 10 metres and the minimum setback distance for any building from the road boundary is 15 metres for any bloc...

  7. Tau - Kaiapoi Section 149B (2020) 62 Te Waipounamu MB 169 (62 TWP 169) [pdf, 264 KB]

    ...(LURP) to make changes to its District Plan to recognise the relationship of Ngāi Tuāhuriri with the Reserve. Action 20 of the LURP declares: 4.3.1. Policy 2.1.3.4 “Recognise the relationship of Ngāi Tuāhuriri with the land and associated resources in Māori Reserve 873 so as to enable the land to be used as intended by Kemps Deed of 1848 and the Crown Grants Act (No.2) of 1882, for places of residence and living activities for the original grantees and their descendants.”...

  8. [2019] NZEnvC 149 Middleton Family Trust v Queenstown Lakes District Council [pdf, 12 MB]

    ...that outcome to impact on their enjoyment of that property. [34] The direct interest of the individuals is able to be conferred on the Society formed to represent those individuals so that they may come together with a common purpose and share resources. [35] For the reasons given, the Society is found to have standing under s274(1)(d) RMA as it has an interest in this proceeding that is greater than that of the public generally. [36] For the reasons given at [34]-[38] of Interi...

  9. Evidence - Noise - Minister for Children - Rhys Hegley - Final [pdf, 424 KB]

    AD-114408-1-3119-V2 BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA ENV-2019-AKL- 000007 IN THE MATTER of the Resource Management Act 1991 ("RMA") A N D IN THE MATTER of a proposed direct referral of a notice of requirement by the Minister of Children to alter Designation 3800 ‘Care and Protection Residential Centre – Upper North’ in the Auckland Unitary Plan (Operative in Part) BETWEEN MINISTER FOR CHILDREN Applicant A N D AUC...

  10. Leaning Rock Cherries Ltd - EiC - E Weaver (5 February 2021) [pdf, 242 KB]

    ...growing conditions. i Sources 1. Drought Assistance for Tree Fruit Production North Carolina State Extension 2. Drought Water Management: An Australian perspective I Goodwin and MG O’Connell Dept. of Economic Development, Jobs, Transport and Resources, Tatura, Australia 3. The Effect of Water Stress on Physiological Processes of Fruit Crops AN Lasko, Dept. of Horticultural Science, NYS Agricultural Experiment Station, Geneva, New York, USA 4. Yield and Quality Responses of...