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1. [2015] NZSSAA 91 (27 November 2015) [pdf, 57 KB]

   ...contribution to her residential care costs was assessed as being $1,217.28 per fortnight. [17] The appellant, represented by her son Mr XXXX, objects to the assessment. He submits: 1. The appellant and her husband never gifted more than the amount permitted of $27,000 per annum. As the gifting of assets was permitted under the Regulations, it follows that the income associated with those assets must also have been gifted and such gifting permitted. 2. The appellant has not depriv...

2. 2021-08-02 ORC - MOC - in response to directions issued at PHC [pdf, 373 KB]

   ...conferencing and mediation, the notified rule (which applied to discharge of all animal waste) has been amended to refer only to the discharge of liquid animal effluent. Amendments to the conditions of the rule have also been agreed. 3 (b) New Permitted activity Rule 12.C.1.4A; During expert witness conferencing technical experts agreed that the terms and definitions in PC8 were not appropriate because they did not differentiate between liquid and solid waste.2 As a result o...

3. Brown v Christchurch City Council [pdf, 38 KB]

   ...construction of the dwelling house at 28 Courtenay Street. …. The Courtenay Trust relied totally upon Tui/Bernie O'Fagan who managed the entire construction project. The Courtenay Trust relied upon Tui- Bernie O'Fagan to obtain the required permit and is entitled to assume that following the Christchurch City Council issuing a code compliance certificate that, firstly, works have been completed in compliance with the permit and, secondly, that the obligations under the...

4. 2021-09-20 ORC - MOC - re chapter 6 [pdf, 170 KB]

   ...provisions referred to mediation.1 The provisions of Chapter 6 as agreed at mediation are included as Appendix 1. In summary, (a) Further amendments to the notified provisions are proposed to: (i) Amended Policy 6.4.10; and (ii) Amended permitted activity Rule 6.6.2; (b) The parties have agreed with all other changes to Chapter 6 proposed by PC1 should be the wording as notified. 5 Outlined below are further details in relation to the provisions of Chapter 6 that were refe...

5. BORA Crimes (Reasonable Parental Control and Correction) Amendment Bill [pdf, 140 KB]

   ...(the ‘Crimes Act’) to re-establish a defence for the use of reasonable force by a parent of a child or a person acting in the place of the parent of a child for the purpose of “correcting the behaviour of the child”. Thus, the Bill would permit a defence for the use of reasonable force by parents or those acting in their stead for these purposes: • preventing or minimising harm to the child or another person • preventing the child from engaging or continuing to engage i...

6. [2022] NZEnvC 128 Auckland Council v Teddy and Friends Ltd [pdf, 265 KB]

   ...discretionary activity and must be operated in accordance with the terms and conditions of that consent. [4] The respondents say that if a daycare centre for dogs without a boarding element is outside the scope of those standards then it is a permitted activity on the site. If that is held to be the correct interpretation of the AUP- OP, they would take steps to bring their activity within what they say are the relevant standards for operating a dog daycare centre as a permitted act...

7. 1. JWS 1 - JWS of Planning Experts dated 8 March 2022 [pdf, 274 KB]

   ...duplication/inconsistency/alignment issues. Are the provisions inconsistent with each other/alignment of PC8 provisions with the Chapter 25 provisions 17. CH, MB, FB agree that the provisions are not inconsistent. Alleged duplication within the permitted activity rules under each planning framework 18. This discussion is based primarily on Table 1 from CH’s evidence which includes all of the permitted activity standards from PC8 Rule 14.5.1.1 alongside the relevant permitted...

8. 1.3 Appendix C to JWS 1 - Draft Policy Amendments [pdf, 981 KB]

   ...7.D.8………….…………………………………………………………….13 Amended Rule 12.C.0.2…………………………………………………………………16 New Rule 12.C.0.4 (discharge – prohibited) …………………………………...……….17 New Rule 12.C.1.4 (discharge – short term permitted) …………………...…………….17 New Rule 12.C.2.5 (discharge – restricted discretionary) ……………………………....18 Ne...

9. 2021-05-11 ORC PC7 draft site visit itinerary - Final (updated 11.5.21) [pdf, 1 MB]

   ...weirs and diversions, hydrology - including flowing and drier reaches, Falls Dam, and the tributaries of interest that would be difficult to access by vehicle or foot. There would also be value in extending the visit to the Upper Taieri, if time permits. The court can contextualise at a high level a broad range of different methods of irrigation, farm types, and flow regimes by hovering over the suggested sites. We note that it is not possible to stop and view the sites without arran...

10. [2024] NZEnvC 080 Digital Signs Limited v Auckland Council [pdf, 282 KB]

    ...commencement of the building work until the resource consent was approved. [9] Mr Jaques considers it is unreasonable for the Council to require Digital Signs to alter its building consent application to remove the LED displays before it will permit work to commence. In his view, it would be a permitted activity to build the domes, and then to later fit the same displays. Digital Signs accordingly applies for a 4 declaration to that effect. Jurisdiction [10] Under s 311...