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1. [2016] NZEnvC 140 South Epsom Planning Group Inc & Three Kings United Group Inc v Auckland Council [pdf, 5.4 MB]

   ...regard to the comments we have made in the identified paragraphs of this decision: • Amend Objective 2 - paragraph [55]; • Address the integration/connectivity issue - paragraphs [91] - [92] and [188]; • Provide for the recognition or protection of volcanic features which we have indicated is appropriate - paragraphs [117], [119], [122] and [124]; • Address the view shaft issue - paragraph [131]; • Address the building form issue - paragraph [140]- [146]; • Delete...

2. Julian v Inia - Succession to Moehuarahi Te Ruuri [2021] Chief Judge's MB 1095 (2021 CJ 1095) [pdf, 397 KB]

   ...Moehuarahi’s will was never granted probate and the opportunity to challenge its contents was never afforded to her children; (c) The failure of the Court to take into account the moral duty of the deceased to provide for all her children under the Family Protection Act 1955; and (d) The failure of the Court to declare and deal with any appearance of bias, due to His Honour’s involvement with the deceased’s husband’s estate. [3] The application was opposed by the trustees of...

3. Wihelmus Hooft van Huijsduijnen v Woodley [2012] NZWHT Auckland 11 [pdf, 451 KB]

   ...at the rear of the dwelling to assess the problem with the foundation retaining wall. He found a retaining wall built from Styroform polystyrene blocks with a Mulseal membrane applied to the polyblocks and a 65 mm polystyrene drainage board to protect the membrane. The drainage board was nailed to the polyblocks. The soil was backfilled to ground level with no drainage metal. One investigation hole revealed no drainage board in the first 100 mm. Soil conditions varied from damp to...

4. ENVC Hearing 6Oct14 s274 evidence chief Janet Moore Appendix 3 Makgill [pdf, 303 KB]

   ...‘marine coastal area’1 and creates the ‘common marine and coastal area’. The common marine and coastal area is incapable of ownership by the Crown or any other person. However, in keeping with traditional approaches to common property the MCAA protects public rights of access, navigation and fishing within the common marine and coastal area.2 Accordingly, the MCAA is consistent with the concepts of public property discussed in this chapter, and the balance of the chapter’s discu...

5. LCRO 188/2018 KB v WQ and LT (22 January 2021) [pdf, 264 KB]

   ...complaints brought by the Bar ... [64] He did go on to say that: But it has also been said that res judicata or double jeopardy principles may not apply to disciplinary bodies because their “disciplinary requirements serve purposes essential to the protection of the public, which are deemed remedial, rather than punitive”: Spencer v Maryland State Board of Pharmacy, 846 A 2d 341, 352 (Maryland Court of Appeals, 2003); cf Re Fisher, 202 P 3d 1186, 1199 (Sup Ct, Colorado, 2009). [6...

6. 1.-Full-List-of-Fee-Changes-23-July.pdf [pdf, 366 KB]

   ................................................................................................................................... 19 Disputes Tribunal .............................................................................................................................................. 19 Immigration and Protection Tribunal ................................................................................................................. 19 Lawyers and Conveyancers Disciplinary Tribun...

7. [2020] NZEnvC 174 Hamilton City Council v Global Metal Solutions Limited.pdf [pdf, 3.7 MB]

   ...vib.ration effects on other activities and sites, consistent with the amenity values of the receiving environment. 25.8.2.1 a The amenity values of the surrounding neighbourhood and adjoining activities especially noise-sensitive activities, shall be protected from the effects of unreasonable noise. 25.8.2.1 d Commercial, industrial and community activities shall ensure that noise received at the boundary of Residential and Special Character Zones is consistent with the Residential Noi...

8. [2024] NZEnvC 248 Federated Farmers of New Zealand v Waikato District Council [pdf, 6.9 MB]

   ...appellant regarding the activity status for water treatment plants and aboveground reservoirs. The IHP noted that a discretionary activity status is more appropriate than non-complying as the objectives and policies of the PDP primarily serve to protect the values of the Identified Areas but recognise the operational and functional needs of infrastructure.7 However, the IHP only amended the activity status of above ground reservoirs in Identified Areas8 and did not carry this reason...

9. Eichelbaum report [pdf, 441 KB]

   ...this Report the children and their parents are referred to by a code. 2.2 Background 6 The following account is taken largely from the second judgment of the Court of Appeal, as confirmed by my own reading. Originally the Christchurch Civic Childcare Centre (the creche) carried on business in the Arts Centre in Montreal Street, Christchurch. Mr Ellis started to work there as a staff member in 1986, when he was 28. Initially he was a reliever, then he was given a permanent position. H...

10. LCRO 202/2017 LO v RT (4 February 2019) [pdf, 173 KB]

    ...complaints brought by the Bar ... [41] He did go on to say that:11 But it has also been said that res judicata or double jeopardy principles may not apply to disciplinary bodies because their “disciplinary requirements serve purposes essential to the protection of the public, which are deemed remedial, rather than punitive”: Spencer v Maryland State Board of Pharmacy, 846 A 2d 341, 352 (Maryland Court of Appeals, 2003); cf Re Fisher, 202 P 3d 1186, 1199 (Sup Ct, Colorado, 2009)....