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1. [2023] NZEnvC 204 Aratiatia Livestock Limited v Southland Regional Council [pdf, 3.5 MB]

   ...landowners/agents to Papatipu Rūnanga or their environmental agents be deleted. Amendment to Part C [32] The court has previously noted the interpretational issue concerning the production of farm management plans required under conditions of certain permitted activities and by Part 9A RMA and other relevant regulations. In essence, the issue is concerned with the timing of management plans under the two instruments. We said the court’s view on this issue is not required for...

2. 2021-07-05 Nga Runanga - Closing Submissions [pdf, 214 KB]

   ...effects on values of importance to Ngā Rūnanga. The direction it provides for decision-making inappropriately prioritises consumptive use over instream values and it does not give consideration to cumulative effects. (b) It is clear that if permits continue to be granted under the current planning framework for timeframes of up to 35 years, this will undermine the new regional planning framework and limit its ability to give effect to the NPSFM. (c) Long term water allocation...

3. [2021] NZEnvC 142 Waimakariri District Council [pdf, 314 KB]

   ...Rural Zone. Under the operative Plan, the minimum lot size for subdivision and residential development in the Rural Zone is 4 ha. Subdivision down to this size is a controlled activity. Construction of a Residential Unit (at this density) is permitted, as is a Minor Residential Unit. The 4 ha threshold has been operative since 2005.4 [6] The proposed plan would split the operative Rural Zone into two new rural zones: first, the proposed Rural Lifestyle Zone and second, the propo...

4. CAC10056 v Ferguson [2013] NZREADT 5 [pdf, 83 KB]

   ...Because the Defendant advised that he would not be attending the hearing and, indeed, did not; this prosecution has proceeded by way of formal proof. We are advised that the Defendant has handed back to the Registrar of the Authority his salespersons licence and has indicated he does not wish to take any further part in this prosecution. However, at the end of this decision we provide the defendant with a chance to make submissions about penalty. Background Information [4] At the t...

5. Robb v Complaints Assessment Committee [2017] NZREADT 39 [pdf, 198 KB]

   ...Mr Lemon had an association with a kiwifruit packhouse, MPAC. Mr Robb had never met Mr Lemon, and was not aware of his association with MPAC. [8] Mr Lemon asked for further information (as to what was actually for sale, and what variety of licences were included), and for a draft sale agreement that he could send to his solicitors. There was a discussion about the Stevensons’ price expectations. In later proceedings there was a dispute as to what was said. Mr Lemon said th...

6. [2023] NZEnvC 021 Regina Properties Ltd v New Plymouth District Council [pdf, 611 KB]

   ...not been confirmed but neutral colours are indicated I was advised that proposal proposes a maximum building height of 15.4 metres above existing ground level ,vithin Lot 1 DP 19148 and therefore a maximum infringement of 5.4 metres above the permitted 10 metre height limit for the zone. However, and as the site is not unifo1m, differing height infringements occur at various of the site. The existing consented GQ building is approximately 1.7 metres higher than the 10-metre height...

7. [2010] NZEmpC 62 NZ Meat Workers & Related Trades Union v AFFCO NZ Ltd [pdf, 63 KB]

   ...of the Act. It does not follow, therefore as Mr Malone contended, that as s 5 (2005) 7 NZELC 97,995. 6 [1998] 1 ERNZ 462. 7 [1998] 3 ERNZ 629. 8 CA43/07, 12 April 2007. 67 of the Act permits expressly parties to agree to probationary arrangements, it is not possible in law for a collective agreement to prohibit such, whether expressly or certainly by implication. If s 67 had required all employment agreements to contain...

8. E71 Keith Ingram - EIC - Tug William C Daldy [pdf, 3.5 MB]

   ...from both the community and businesses alike. Auckland Council is one such sponsor of whom we have a license to occupy ‘Heads of Agreement’ via Waterfront Auckland now ‘Panuku’, to use our current berth on Hobson West. In doing so we are permitted under the Auckland Plan to raise steam and operate as a heritage, coal burning steam tug on Auckland’s Harbour from our berth at Hobson West. We raise this, only to point out that both the Society and the ship we believe, are not ob...

9. [2021] NZEnvC 028 Goodwin v Wellington City Council [pdf, 990 KB]

   ...Institute of Acoustics, or Acoustical Society of New Zealand) shall be provided to the CCMO. The report shall: • Compare the measured noise levels with the predicted noise levels provided with the application. • Should the operation exceed the permitted standards with respect the external boundaries of the site, the zipline shall cease operations and apply measures to make it comply. • Comment on compliance with condition {10) above, based on noise measurements undertaken in...

10. HNL v SEC [2013] NZIACDT 11 (19 March 2013) [pdf, 146 KB]

    ...to sponsor his wife. Accordingly, an application could only proceed once Mr HNL had been issued with a residence visa. Mr HNL said he would lodge his own residence application. [16.5] Mr SEC then said Mr HNL’s fiancée could apply for a work permit, and he took the initial details for an application. [16.6] Mr SEC provided written notes to Mr HNL that explained the information required to complete the application for a work permit. [17] Mr SEC explained his approach to this profe...