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1. Review of the Foreshore and Seabed Act 2004 Post Consultation Decisions [pdf, 993 KB]

   ...well as more established regimes such as the Crown Minerals Act and the Protected Objects Act. Changes that result from this Review could adversely impact on these regimes. For example the permission right (the right of customary title holders to permit activities requiring resource consent) will undermine the proposed improvements to the consent renewal process. This is a key element of both the aquaculture reforms and the RMA streamlining and simplifying work. If a customary interest...

2. [2024] NZEnvC 026 Nelson City Council [pdf, 515 KB]

   ...sought that: 2 (1) The use of beach area below mean high water springs (MHWS) at Delaware Bay (shown on Plan A attached) for driving vehicles across to launch and retrieve recreational boats/fishing vessels at the water’s edge is not a Permitted Activity under Rule CMr.33 of the Nelson Resource Management Plan (Plan), and therefore, the activity requires resource consent. (2) The beach area at Delaware Bay (shown on Plan A attached), below MHWS, which is used to launch...

3. [2021] NZEnvC 083 Director-General of Conservation v Thames- Coromandel District Council [pdf, 1.1 MB]

   ...several parties provided comments. [10] The Council created what it considered an appropriate new version on 20 May 2020, described in a memorandum filed in Court on 5 June 2020. The key change was that there would now be provision for certain permitted activities, with others remaining as restricted discretionary. 1 Director-General ef Conservation v ThaJJJes-CoroJJJandel District Council [2018] NZEnvC 133, see paragraphs [45], [100] and [122]. 4 [11] Some submitters pointed t...

4. [2015] NZEmpC 145 McIvor v Saad [pdf, 248 KB]

   ...second week of his work at the factory, both parties were satisfied that this was work that he could perform and was performing satisfactorily. [16] After the initial two weeks or so of work, I find that Mr Saad asked Mr McIvor for his driver’s licence and IRD number. Mr McIvor inferred from this that he was to become a permanent employee at Pita House rather than being on trial as he had been from the outset. I accept Mr McIvor’s evidence, and not Mr Saad’s to the contrar...

5. [2022] NZIACDT 7 - TA v Tian (27 April 2022) [pdf, 211 KB]

   ...grounds for complaint under the Immigration Advisers Licensing Act 2007 (the Act). BACKGROUND [3] Ms Tian was at the relevant time a licensed immigration adviser. She is a director of Abstract Solution Ltd, of Auckland. The Tribunal suspended her licence on 3 November 2020 in response to another complaint.1 [4] The complainant, a national of China, arrived in New Zealand in 2014. He was 18 years of age. At some point, he and his mother engaged the services of Ms Tian to assi...

6. Useful information before you come to court

   ...your role as a juror. Don’t do your own research about the case It’s vitally important that you rely only on the information given to you at the trial. Doing your own research – like Googling the case or asking about it on social media – is not permitted. It puts the defendant’s (the person charged with the crime) right to a fair trial at risk. The judge may even have to discharge (let go) the jury and abandon the trial. An abandoned trial can add to the stress on witnesses and result...

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7. In the court room

   ...In the court room, you must not: eat or drink wear a hat or sunglasses talk while a witness is giving evidence disturb the court swear take notes on an electronic device, record the proceedings or take pictures (taking notes with a pen and paper is permitted) wear gang patches use your mobile phone - turn it off so it doesn’t disturb the court. Promise to tell the truth If you give evidence (tell the court what happened), you have to promise to tell the truth. You can choose to make a relig...

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   3. What to expect at court

8. [2022] NZEnvC 023 Karmakar v Auckland Council [pdf, 732 KB]

   ...application for declaration. He does not provide the grounds for the application under s 310, rather he seeks: approval for the proposed use of a dwelling at 34 \v'hite Swan Road, Mount Roskill, Auckland 1041, for additional residential units as a permitted activity under the City of Auckland Unitary Plan, subject to compliance with the relevant development controls. [2] In a memorandum filed in support of the application, Mr Karmakar requests the Court to approve: the propose...

9. BORA Crown Minerals Amendment Act 2013 Amendment Bill [pdf, 186 KB]

   ...of Rights Act’). We understand that the Bill will be considered by Cabinet at its meeting on Monday, 13 May. 2. The Bill amends the Crown Minerals Amendment Act 2013 to modify the capability requirements for certain applicants for exploration permits, and to correct errors and omissions that have become apparent in that Act. 3. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act. Jeff Orr Chief Legal Counsel...

10. 2021-05-21 Minister for Environment - MOC - notice of cross-examination of JWS witnesses [pdf, 151 KB]

    ...to present the Joint Witness Statements (JWS): 2.1 Planning Expert Panel re JWS: Objective, controlled activity and restricted discretionary activity rules, and Schedule 10A1.1, dated 7 May 2021; and 2.2 Planning Expert Panel re JWS: Deemed Permits and Associated Rights of Priorities, dated 17 May 2021. 3. Such questioning may be unnecessary following Mr Maw’s leading of evidence from the Planning Expert Panels. 21 May 2021 Rosemary Dixon Counsel for the Minister f...