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1. 2017 NZSSAA 029 (23 June 2017) [pdf, 87 KB]

   ...living in Wellington for five years and there was still no certainty about her receiving treatment. Discussion [10] The purpose of the Act is to provide support for people in hardship, taking into account that where appropriate they should use the resources available to them before seeking financial support under the Act. Ms XXXX accepts that she has assets which exceed the limit of $8,100 set in s 61EC(3)(b). Mr Howell’s argument is that she is entitled to an accommodation su...

2. BORA Local Government (Auckland) Bill [pdf, 132 KB]

   ...Regional Holdings ("ARH"). ARH will be a subsidiary of the Auckland Regional Council. Finally, the Bill improves the management of Auckland's transport and storm-water funding and assets, and regional and district planning under the Resource Management Act 1991. 3. Even though we have come to the conclusion that this Bill does not appear to be inconsistent with the Bill of Rights Act, we wish to draw one aspect of the Bill to your attention. ISSUES OF CONSISTENCY WITH TH...

3. BORA Kaikoura (Te Tai ō Marokura) Marine Management Bill [pdf, 277 KB]

   ...reaching this conclusion, we have taken into account that: a)The offences are of a regulatory nature designed to better protect the coastal and marine environment in the Kaikoura region. The offences address potential significant harm to natural resources and protected marine wildlife. b)Statutory defences are available to the defendant 4. The defendant is in a better position to satisfy the court that the possession of certain marine and aquatic life in excess of the daily limit was...

4. [2016] NZSSAA 041 (16 May 2016) [pdf, 36 KB]

   ...from those in the Income Tax Act. It has often been stated that the policy of the Act is to provide benefit when there is need, but that as the definition of purpose in s 1A of the Act records at (c)(i) “where appropriate (people) should use the resources available to them before seeking financial support under this Act”. [13] In this respect the net profit of $8,088.17 in the year ended 31 March 2014 of XXXX Limited was available to Mr XXXX to use should he have chosen to do so. H...

5. Wall v Fairfax New Zealand Ltd (Delay) [2017] NZHRRT 8 [pdf, 154 KB]

   ...kind. All that is required is for the amended s 102 to provide: (1) The Governor-General, on the recommendation of the Minister, may appoint a deputy chair or chairs of the Tribunal. [10] Such amendment will allow the Tribunal, if it is adequately resourced, to hear and determine cases in a timely and efficient manner. Without legislative intervention the severe difficulties presently faced by the Tribunal will compound. The present case [11] The memorandum filed by the parties...

6. [2016] NZEmpC 150 Whanau Tahi Ltd v Dasari [pdf, 79 KB]

   ...Relations Authority and the Court. The basis for the claim to indemnity costs is that the plaintiff conducted its case unreasonably and inappropriately and extended the time required for the Court hearing. It is alleged that it used its considerable resources against Mr Dasari to drag out an unmeritorious case. [4] Mr Ryan has submitted for the plaintiff that the usual principles as to awards of costs in this Court should apply. He has submitted that two thirds of actual reas...

7. [2018] NZEnvC 037 Reuters Construction Limited v Whanganui District Council [pdf, 162 KB]

   ...ENVIRONMENT COURT OF NEW ZEALAND I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER BETWEEN AND Court: Environment Judge C J Thompson Decision No: [2018] NZEnvC 37 ENV-2017 -WLG-000098 of an application for a declaration under s310 of the Resource Management Act 1991 REUTERS LIMITED Applicant WHANGANUI COUNCIL Respondent CONSTRUCTION DISTRICT DECISION ON APPLICATION FOR COSTS Decision issued: 5 April 2018 Introduction [1] I n a decision issued on 9 Februa...

8. [2017] NZEnvC 185 Augustine Lau v Auckland Council [pdf, 134 KB]

   BEFORE THE ENVIRONMENT COURT TE KOOTI TAIAO 0 AOTEAROA Court: Appearances: Hearing: Decision No. [2017] NZEnvC \ ~ ~ IN THE MATTER of the Resource Management Act 1991 AND IN THE MATTER of an application under s316 of the Act BETWEEN AUGUSTINE LAU (ENV-2017-AKL-000123) Applicant AND AUCKLAND COUNCIL Respondent Environment Judge DA Kirkpatrick sitting alone under s279(1)(a) of the Act Applicant in person D Collins for Auckland Council on the papers Judgment: o...

9. OWRUG - S H McKeague - Summary of Evidence 18 May 2021 [pdf, 156 KB]

   ...implement the changes. The preparation for these applications commenced years ago, and have sought to give effect to the various versions of the NPSFM over that time. In doing so the applicants have sought to be responsible guardians of the water resource.

10. Gengalo - Tuapou B8 (2004) 85 Ōpōtiki MB 110 (85 OPO 110 [pdf, 207 KB]

    ...application was filed on 14 November 2003 by Mrs Moana Gengalo under section 18(1)(a)/93 of Te Ture Whenua Maori Act 1993. The applicant claims ownership of a concrete foundation and septic tank that she and her husband placed on the land with their own resources. She further claims that she bulldozed and improved a road up to the site upon which the concrete foundation was laid. The claimant wants $5,000 to be paid over by the other owners to cover her costs for placing the concret...