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1. Infrastructure Funding and Financing Bill Advice [pdf, 94 KB]

   ...amends the Land Transport Management Act 2003, the Local Government Act 2002, the Local Government (Auckland Council) Act 2009, the Local Government Official Information and Meetings Act 1987, the Public Works Act 1981, the Property Law Act 2007, the Resource Management Act 1991 and the Utilities Access Act 2010. Consistency of the Bill with the Bill of Rights Act Section 14: Freedom of Expression 9. Section 14 of the Bill of Rights Act affirms that everyone has the right to freedom...

2. [2020] NZEnvC 026 Burgoyne v Northland Regional Council [pdf, 98 KB]

   [BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA Court: Hearing: Appearances: Date of Decision: Date of Issue: IN THE MATTER AND BETWEEN AND AND Decision No. [2020] NZEnvC O 2 C::. of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act A BURGOYNE / TE TAUMATA KAUMATUA O NGATI KURI RESEARCH UNIT (ENV-2018-AKL-000121) Applicant for Costs MOTUTANGI-WAIHARARA WATER USERS GROUP Applicant for Costs NORTHLAND REGIONAL C...

3. [2019] NZEnvC 191 Trustees of the Dark Horse Trust v Auckland Council [pdf, 5.4 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA Court: Date of Decision: Date of Issue: Decision No [2019) NZEnvC \ q \ IN THE MATTER of the Resource Management Act 1991 AND IN THE MATTER of two appeals under s 120 of the Act BETWEEN JEANETTE RA YNISH & CAROL ANNE CAMPBELL as Trustees of the Dark Horse Trust AND AND AND AND (ENV -2018-AKL-000355) THE ST MARY'S BAY ASSN INC. & HERNE BAY RESIDENTS ASSN INC. (ENV -2018-AKL-000357) A...

4. [2019] NZEnvC 180 Vortac NZ Limited v Western Bay of Plenty District Council [pdf, 283 KB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA IN THE MATTER BETWEEN AND Decision No. [2019] NZEnvC 180 for application of interim enforcement order under s320 of the Resource Management Act 1991 (the Act) VORTAC NZ LIMITED (ENV-2019-AKL-098) Applicant WESTERN BAY OF PLENTY DISTRICT COUNCIL First Respondent M & F HANSEN Second Respondent Court: Before Judge J A Smith sitting alone pursuant to s279 of the Act Submissions: Mr G Nicholls for Vor...

5. [2020] NZEnvC 008 Bay of Islands Maritime Park Incorporated v Northland Regional Council [pdf, 259 KB]

   !BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA IN THE MATTER AND AND BETWEEN AND Court: Environment Court Judge: Judge J A Smith Decision No. [2020] NZEnvC OO'G of the Resource Management Act 1991 of an Application for Waiver pursuant to section 27 4 of the Act Topics 11 & 14 of the Northland Regional Council Appeals BAY OF ISLANDS MARITIME PARK INCORPORATED (ENV-2019-AKL-000117) ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND...

6. Hazardous Substances and New Organisms Assessments Amendment Bill [pdf, 136 KB]

   ...reassesses hazardous substances and makes decisions about whether controls need to be updated, or whether the substance should no longer be approved. 6. The assessment and reassessment of hazardous substances in New Zealand can be time-consuming and resource intensive. The Bill amends the principal Act to improve the processes for assessing and reassessing hazardous substances. These amendments allow the EPA to proceed more quickly and efficiently with assessments, rather than having to...

7. [2021] NZEmpC 143 Fleming v Attorney-General [pdf, 189 KB]

   ...of Appeal finds that Ms Fleming is not, and never has been, an employee of the second defendant (contrary to this Court’s finding), then the issue of remedies does not arise and does not need to be dealt with. The parties’ time, energy and resources would have been wasted. So would the Court’s. [7] That segues into the issue of prejudice. The plaintiff essentially contends that deciding remedies would be a relatively straightforward exercise, occupying no more than a half...

8. LCRO 12/2021 OH v GC (25 May 2021) [pdf, 131 KB]

   ...the outcome of the complaint. It only determines which body should be seized of it.”2 • “… the imposition of a threshold test3 is an unwarranted gloss on s 152…”4 • “The oversight of the LCRO should … assist in protecting the resources of the Tribunal and prevent it from being overwhelmed by petty or trivial cases.”5 • “… it is in our view important that the Tribunal be able to determine some complaints even though the likely sanction will not involv...

9. AODT-Court-Information-for-lawyers [pdf, 349 KB]

   ...judge. Counsel should also give the defendant a copy of the AODT Court Participant Handbook and the AODT Court Participant Agreement to inform them about what is involved in being an AODT Court participant. You can find AODT Court forms and resources on the Ministry’s website: www.justice.govt.nz/about/lawyers- and-service-providers/legal-aid-lawyers/the-alcohol-and-other-drug-treatment-court-aodt/ http://www.justice.govt.nz/courts/criminal/specialist-courts/alcohol-and-other-d...

10. UC & FC v GM [2021] NZDT 1645 (15 November 2021) [pdf, 221 KB]

    ...dismissed. Reasons 1. UC and FL own [Address 1]. GM owns [Address 2]. 2. On or about 12 February 2019 the parties entered into an agreement (the agreement) whereby in exchange for UC and FL giving their written approval as affected persons to a Resource Consent application (for a recession plane), GM agreed to a boundary realignment giving them approximately 32m2 of his land. 3. Clause 3.2 of the agreement stated that if UC and FL did not receive notice that search copies o...