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1. [2023] NZEnvC 096 AJ & VF Barr Family Trust v Whakatane District Council [pdf, 622 KB]

   ...provide noise mitigation, but also a visual screen for stock and event attendees. The Court directed that the [S] [6] [7] 4 applicant give further consideration to this and provide an appropriate condition. It is clear from paragraph [101] that the Court did not: … find the evidence to demonstrate that the events centre poses unacceptable noise levels and risk of effects on stock or farming operations … At paragraph [133] the Court made a further direction to addre...

2. Evidence Brief: Sex Offender Treatment for Adults [pdf, 250 KB]

   ...mailto:whatworks@justice.govt.nz SEX OFFENDER TREATMENT FOR ADULTS: EVIDENCE BRIEF – SEPTEMBER 2016. PAGE 8 of 9 REFERENCES Alexander, M. (1999). Sexual Offender Treatment Efficacy Revisited. Sexual Abuse: A Journal of Research and Treatment, 11(2): 101-116. Bakker, L., Hudson, S., Wales, D. & Riley, D. (1998). And there was light... Evaluating the Kia Marama Treatment Programme for New Zealand Sex Offenders Against Children. Wellington: Department of Corrections. Bee...

3. [2021] NZEmpC 155 Best Health Foods Ltd v Berea [pdf, 290 KB]

   ...its challenge. [100] Having regard to the effect of s 183 of the Act, the effect of which is that this decision replaces the Authority’s determination, I confirm the remedies that were awarded by the Authority, as set out at [23] above. [101] I reserve costs. Normally these follow the event. That would mean that any costs which the Court is able to recognise for the purposes of an application for costs under the Guideline Scale as to Costs could be sought by Ms Berea as the su...

4. LT v SH [2019] NZIACDT 57 (7 August 2019) [pdf, 174 KB]

   ...letter of 25 September 2015 sent by [the adviser] to Immigration New Zealand made no mention of any unlicensed advice the complainant 9 Z v Dental Complaints Assessment Committee, above n 8, at [97], [101]–[102] & [112]. 9 may have received from Mr V and made no attempt to address the exclusion under s 15 of the Immigration Act 2009. Instead, [the adviser] advised that the complainant was a victim of ignorance and made a mistake...

5. Punjab Knoll Body Corporate v Wellington City Council & Ors [2014] NZWHT Auckland 9 [pdf, 93 KB]

   ...noted above, he carries the burden of proof. He has not discharged it. 16 Weathertight Homes Resolution Services Act 2006, s 37. 17 Humphrey v Fairweather [1993] 3 NZLR 91 (HC) at [101]. 18 Invercargill City Council v Hamlin [1996] 1 NZLR 513 (PC) at [526]. 19 North Shore City Council v Body Corporate 188529 (Sunset Terraces) [2010] NZSC 158, [2011] 2 NZLR 289. 11 [45] Mr Blundell has not provided any further evid...

6. Myoak Holdings Ltd v Te Huia - Waipuka 2T Roadway (2019) 75 Tākitimu MB 90 (75 TKT 90) [pdf, 316 KB]

   ...serious question to be tried in the present case. The balance of convenience also lies in favour of the applicant 13 Section 17(1)(b). 14 Section 17(2)(c). 15 Section 17(2)(f). 75 Tākitimu MB 101 and the granting of an injunction, given the relatively serious consequences caused by the speed humps and the relative ease with which the Roadway could be reinstated. Decision [35] The grounds are made out for the grant of a m...

7. LCRO 105/2020 AG v BH & CI (19 February 2021) [pdf, 179 KB]

   ...WASCA 115). 12 Hunstanton v Cambourne and Chester LCRO 167/2009 (February 2010) at [15]. 13 Application for review, supporting reasons at [9]. 15 were inattentive or inefficient in the manner in which they managed the various proceedings. [101] Mr BH notes that Ms AG had been successful in all of the proceedings.14 [102] I have, as did the Committee, considered each of the r 9 factors and have carefully reviewed the time records. That examination has been conducted against the...

8. Adams v Aucamp [2016] NZIACDT 53 (14 September 2016) [pdf, 210 KB]

   ...concerning picture where Mr Aucamp fundamentally failed to conduct himself as a trusted professional, which the Immigration Advisers Licensing Act 2007 (the Act), and the Code of Conduct require. Particularly concerning elements of his behaviour were: [10.1] Presenting a back-dated agreement which was part of an attempt to get fees he said he would not claim; 4 [10.2] Leaving a malicious and unprofessional threatening message; and [10.3] Gross over-charging (double fees w...

9. [2024] NZEnvC 173 Habitus Group Limited v Christchurch City Council [pdf, 23 MB]

   ...26/06/2024 1:100 DRAWN BY RN, GG NEW 17 UNIT HOUSING DEVELOPMENT AT THE ORCHARD | 228A OPAWA ROAD HILLSBOROUGH | CHRISTCHURCH 8022 A - Issued for Resource Consent 31 Aug 2022 B - Amended Design, amended Recession planes 1 June 2023 DRAWING No. RC-101-B Fr s s HWC 250L Tubw/m Fr s s HWC 250L Tubw/m N 4,0205,980 10,000 16 5 4,7 70 42 0 4,7 35 10 ,09 0 10,600 60 0 3,2 35 1,1 00 42 0 1,1 00 3,2 35 40 0 10 ,09 0 4,6205,980 UP KITCHEN ENTRY DINING LIVING W C UP K...

10. [2017] NZEnvC 188 Vipassana Foundation Charitable Trust v OBrien Pichler [pdf, 487 KB]

    ...respondents, and the acceptance of those without challenge, means that the effects will be the same whether an order is made or not. [37] I do not accept that there are substantial differences between the effect of the Walden v Auckland CC [1990] NZRMA 101 12 abatement notices and the order sought by the applicants. I do not see any realistic basis on which the second or third respondents could undertake earthworks in a way that would not result in the first respondents or Mr Ev...