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1. [2024] NZEnvC 187 Gisborne District Council v Barraclough [pdf, 6.2 MB]

   ...advised that Pattle Delamore Partners Ltd was engaged to provide a technical peer review of the geotechnical and erosion and sediment control documents in relation to the development of the properties. 3 [3] On 11 January 2024, Mr Barraclough appealed1 against an abatement notice dated 20 December 2023 requiring the immediate stabilisation of all exposed areas of earthworks. An application for stay of the abatement notice was also filed. A hearing of the stay application too...

2. Beniston v Subritzky - Estate of Huhana Subritzky [2016] Chief Judge's MB 178 (2016 CJ 178) [pdf, 366 KB]

   ...in law because of any mistake or omission on the part of the Court or the 13 Muraahi v Phillips – Rangitoto Tuhua 55B1B and 55B1A2 (Manu Ariki Marae) [2013] Māori Appellate Court MB 528 (2013 APPEAL 528). 2016 Chief Judge’s MB 198 Registrar or in the presentation of the facts of the case to the Court or the Registrar, cancel or amend the order or certificate of confirmation or make such other order or issue such certifi...

3. Proactive release - Budapest Convention on Cybercrime [pdf, 1.2 MB]

   ...Customs, the Ministry of Primary Industries and Inland Revenue. 7 9(2)(f)(iv) Proa cti ve ly Rele as ed RESTRICTED 460mj2mvm3 2021-01-22 09:40:52 more than one year’s imprisonment for an individual). Orders would be able to be appealed to the district court (on any aspect of the order). 51 Preservation orders would also require the recipient to disclose a limited amount of traffic data to Police, to address circumstances where multiple service providers4 were...

4. Gangs-Legislation-Amendment-Bill.pdf [pdf, 692 KB]

   ...managed by Corrections; 33.9 knowingly breaching the consorting prohibition order without reasonable excuse on two or more occasions carries a penalty of a fine up to $15,000 and/or a maximum 5 years imprisonment; and 33.10 an appropriate review and appeal mechanism will be included in the proposal. Operational considerations 34 Police is working through the implementation challenges posed by this proposal, 35 Operationally, this proposal requires a new court order and subse...

5. LCRO 116/2017 GC v KM (31 May 2018) [pdf, 420 KB]

   ...and scope of review [51] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:13 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 th...

6. LCRO 53/2023 PN v QZ (26 October 2023) [pdf, 278 KB]

   ...scope of review [100] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … 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...

7. 2020-04-09-Plan-Changes-1-8-s-32-Evaluation-Report.pdf [pdf, 737 KB]

   ...Change 8 to the Water Plan and Proposed Plan Change 1 to the Waste Plan 9 April 2020 Page 5 April 2020 to 1 April 2026 to provide time for the longer-term planning processes to occur. Council made a final decision on PC6AA on 8 February 2020 and no appeals have yet been received. An additional plan change, Proposed Plan Change 7 (Water Permits) to the Water Plan (PC7) was prepared by ORC to manage applications for replacement water permits and deemed permits until a fit for purpose pl...

8. [2006] NZEmpC AC 65/06 McAlister v Air New Zealand Ltd [pdf, 139 KB]

   ...where, in a similar factual situation to the present case, the reason for the dismissal a 60 year old pilot was held to be not his age but external requirements. Gaudron J said:7 Reason for termination Before considering the issues in the appeal, it is convenient to note that it seems to have been assumed that, because Qantas required Mr Christie’s employment to come to an end on his 60th birthday, that was the reason for its so doing. Certainly, it has not at any stage of the...

9. [2020] NZEnvC 122 Auckland Council v Auckland Council [pdf, 1.2 MB]

   BEFORE THE ENVIRONMENT COURT AT AUCKLAND I MUA I TE KOOTI T AIAO O AOTEAROA Kl TAMAKI MAKAURAU IN THE MATTER AND IN THE MATTER BETWEEN AND AND Decision No. [2020] NZEnvC J Z. 2. of the Resource Management Act 1991 of an appeal pursuant to s120 of the Act AUCKLAND COUNCIL (ENV-2017-AKL-190) Appellant AUCKLAND COUNCIL Respondent I INGLIS, M G GREEN AND P SIMUNOVICH DR P H MITCHELL AND P MITCHELL DANOS HUNT P AND S LYNESS GSHAW P AND J STANSFIELD P KI...

10. ORC - Statement of Evidence - Felicity Boyd - 3 September 2021 [pdf, 3.3 MB]

    ...discussed further in paragraphs [84] to [98], [105] to [109] and [112] to [116] respectively. (c) At the time that PC8 was developed, Chapter 3 of the PORPS 2019 (which contained the primary freshwater and land management provisions) was under appeal and had not been made operative. Chapters 5 (Land) and 6 (Water) of the Regional Policy Statement for Otago 1998 (RPS 1998) were therefore still operative and had to be given effect to. In March 2021, most of the PORPS 2019 was made...