Search Results

1. Directory of Official Information M-O [pdf, 511 KB]

   ...Zealand • two persons, being officers of the Ministry of Health, one of whom shall be appointment as chairman. Records The documents held are minutes of meetings, a file of correspondence and administrative matters, and files concerning the appeals and objections heard by the Committee. Documents relating to decision-making processes The Medicines Classification Committee uses the Members’ Handbook manuals for administrative purposes. 19 Contact The Secretary...

2. [2023] NZEnvC 091 Barnhill Corporate Trustee Ltd v Queenstown Lakes District Council [pdf, 2 MB]

   ...PDP – TOPICS 25 AND 30 RE WAKATIPU BASIN TEXT – FINAL DECISION 2023 IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2023] NZEnvC 91 IN THE MATTER of the Resource Management Act 1991 AND appeals under clause 14 of the First Schedule of the Act BETWEEN BARNHILL CORPORATE TRUSTEE LIMITED and all other appellants concerning Topics 25 and 30 of Stage 2 of the proposed Queenstown Lakes District Plan (ENV-2019-CHC-086) Appell...

3. McKeogh v Attorney-General [2020] NZHRRT 39 [pdf, 368 KB]

   ...only applied to state-administered overseas pensions. Private pensions and savings plans that are similar to KiwiSaver are not covered by the policy. Reference was made to the fact that there are a number of cases in the High Court and Court of Appeal concerned with the question whether a particular overseas pension is in the category such that SSA, s 70 applies. [46] The Ministry is aware that the direct deduction policy is unpopular with some people. Some perceive it to be unfair an...

4. [2013] NZEmpC 85 Aarts v Barnados New Zealand [pdf, 328 KB]

   ...interpreted extensively in cases turning on the liability of secondary parties in criminal law (see the commentary on s 66 of the Crimes Act 1961 in Garrow and Turkington, Criminal Law in New Zealand, 7th ed, 1991). [29] In 2008, however, the Court of Appeal cautioned against drawing too heavily on criminal law concepts in New Zealand Bus Ltd v Commerce Commission. 7 The Court was there dealing with s 83(b) of the Commerce Act 1986 which makes liable to a civil penalty a person...

5. LCRO 121/2017 PT v BD (25 July 2018) [pdf, 266 KB]

   ...scope of review [33] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:9 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

6. [2018] NZEmpC 14 Hayashi v SkyCity Management Ltd [pdf, 422 KB]

   ...requires. It is not for the Court … to enter into a fact finding inquiry, of the kind which would be 5 C v Air Nelson Ltd [2011] ERNZ 207 (EmpC). The approach adopted by the Court was approved on appeal in Air Nelson Ltd v C [2011] NZCA 488, (2011) 8 NZELR 453. required for example, in a criminal proceeding. That is not the purpose of the question which the Court must answer under s 103A of the Act. [49] It would, howev...

7. Ashmore v Armstrong - Te Huruhi 12B (2021) 232 Waikato Maniapoto MB 219 (232 WMN 219) [pdf, 522 KB]

   ...Taitokerau MB 97 (132 TTK 97) at [30]. 20 Reid v Trustees of Kaiwaitau 1 Trust – Kaiwaitau 1 (2006) 34 Gisborne Appellate MB 168 (34 APGS 168) at [17]. 21 MacDonald v MacDonald - Wairau Block XII 6C2C [2016] Māori Appellate Court MB 370 (2016 APPEAL 370). 232 Waikato Maniapoto MB 237 (a) In Couch, five of 29 owners, holding 67.9% of the shares, supported a partition. Seven owners, holding 2.8% of the shares, opposed it. The Court concluded that, despite more owners...

8. 2023-09-15-Evidence-of-Anna-Carter-for-Prouse-Trust.pdf [pdf, 2.6 MB]

   ...site-specific management plans, and other certification required under NZS4404:2010. My experience relevant to this proposal includes: P a g e | 5 a) Provision of planning evidence in support of Waikanae Christian Holiday Park Incorporated appeal on the NOR for the McKays to Peka Peka (“M2PP”) as it related to road traffic noise, groundwater, biodiversity and access matters; and; and b) Preparation of assessment of effects for subdivisions and development including w...

9. [2018] NZEnvC 244 Director-General of Conservation v Thames-Coromandel District Council [pdf, 1.2 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2018] NZEnvC of the Resource Management Act 1991 of an appeal pursuant to Clause 14 of the First Schedule to the Act DIRECTOR-GENERAL OF CONSERVATION (ENV-2016-AKL-000149) Appellant THAMES-COROMANDEL DISTRICT COUNCIL Respondent Court: Principal Environment Judge LJ Newhook Environment Commissioner RM Dunlop Environment Commissioner RM Bartlett Environment...

10. BORA Foreshore and Seabed Bill [pdf, 125 KB]

    ...prima facie infringement is "demonstrably justifiable in a free and democratic society". I conclude that it is. Background to the Bill 3. The Bill is the Government's response to the substantial uncertainties created by the Court of Appeal's decision in Ngati Apa v Attorney General [2003] 3 NZLR 643 (CA). In that case the Court of Appeal held that: 3.1 No legislation could be said to have definitively extinguished a claim that particular iwi might have at common l...