Search Results

1. [2017] NZEnvC 090 Pierau v Auckland Council [pdf, 2.1 MB]

   ...The issues [7] A broad statement of the issues in the case is as follows: • What are the landscape, amenity and natural character values of the locality? • What constitutes the relevant existing environment? • Is the application of the permitted baseline concept appropriate here? • What effects might the festivals and events have on amenity values of the residents in terms of noise, traffic, and general amenity, particularly visual? • What is the ecological importance of...

2. Balatbat v Sparks [2016] NZIACDT 27 [pdf, 254 KB]

   ...interview with the prospective employer. Mr Sparks would not usually participate; one of the unlicensed contractors would represent BIL. [21] If the interview was successful and the employer offered employment, the worker would require a work permit. Mr Sparks would not personally engage with the worker. SIL and the worker would prepare the application for a work visa and Mr Sparks’ contribution to this process was to provide SIL with a checklist. It was a one-page document with...

3. [2022] NZIACDT 29 - EQ v McCarthy (19 December 2022) [pdf, 322 KB]

   ...Act 2007 (the Act), or alternatively that he breached certain obligations set out in the Licensed Immigration Advisers Code of Conduct 2014 (the Code). BACKGROUND [3] Mr McCarthy is a director of Corporate Migration NZ Ltd, of Masterton. His licence expired on 27 April 2022. [4] X, the complainant’s representative, is a New Zealand based friend and business partner of the complainant and her husband, WD. The couple has a young daughter. They are nationals of [Country]....

4. ASC Annual Report 2020 [pdf, 1019 KB]

   ...reimbursed by the system, also make quite significant financial demands on their patients.” 1993 “Abortion beyond 20 weeks where there are major fetal abnormalities incompatible with life has posed some dilemmas. The current law does not permit abortion to be carried out for fetal reasons when gestation is beyond 20 weeks. Under the law abortion may be carried out on maternal health grounds only the Committee was reminded that the late Sir William Lilley saw there being a clea...

5. [2018] NZEnvC 141 Auckland Council v Lau [pdf, 419 KB]

   ...termination of a range of unlawful activities undertaken on the properties. The primary unlawful activity could be described as establishing multiple residential units on the properties without having obtained necessary resource consents and/or building permits. In its decision on the main body of enforcement 2 orders,1 the Court described the situation of the buildings as "unpermitted and frequently unsafe, overcrowded and unsanitary".2 In addition to the unlawful est...

6. Re Jones (Rejection of Statement of Claim) [2021] NZHRRT 19 [pdf, 116 KB]

   ...para 1 of the intended statement of claim. [4] Mr Jones has subsequently provided emails from the Privacy Commissioner which establish: [4.1] The Commissioner made a decision not to investigate the complaint made by Mr Jones. Such decision is permitted by s 74 of the Act. [4.2] No action was taken by the Commissioner under s 77 of the Act. [5] By email dated 23 March 2021 the Secretary advised Mr Jones that in view of this information the Tribunal had no jurisdiction to accept the...

7. Guide to the MVDT [pdf, 198 KB]

   ...hearing to arrange for one to be present. This service is free of charge. Right to appear at hearings The parties to a claim have the right to attend and be heard at any hearing of that claim. In appropriate circumstances, the adjudicator may permit a party to be represented at the hearing by someone else. This is always necessary where a party is a company. However, parties cannot be represented at the hearing by anyone who is or has been enrolled as a barrister or solicitor o...

8. ENVC Hearing 6Oct14 AC rebuttal Christiaan Moss [pdf, 105 KB]

   ...Bay 14. There are no surplus moorings in Mooring Management Area (MMA) number 64 Huruhu Bay West (Blackpool), number 65 Huruhi Bay East (Esslin Bay) and number 66 Huruhi Bay Southside. These areas are over capacity with 60 mooring bylaw permits issued by the Harbourmaster’s office. These combined MMAs only provide for 51 moorings under the Auckland Regional Plan: Coastal. Page 5 31555485:629148 Matiatia as a safe haven during rough weather 15. The iss...

9. Steedman v Steedman – Owhaoko D6 Section 3 (2012) 20 Takitimu MB 230 (20 TKT 230) [pdf, 155 KB]

   ...cornerstone principles of the Act are the retention, utilisation and development of Māori land for the benefit of the owners, their whānau and hapū. The result is that there are legislative hurdles that must be overcome before the Court is permitted to enable alienation by way of sale, gift or testamentary disposition and in terms of partition and change of status. For example, in order to achieve a sale of Māori land, the Court must be satisfied that there is 75% consent from...

10. [2018] NZEnvC 007 Aitchison v Walmsley [pdf, 474 KB]

    ...Court in Aitchison v Wellington City CounciP (the 2015 Decision) wherein it was determined that a fence/play structure (the structure) constructed by Walmsleys on the boundary between their property and the adjoining Aitchison property was not a permitted activity under the Wellington City District Plan. [7] The starting point for this Court's consideration of the recall application is s 295 Resource Management Act 1991, which relevantly provides: 295 Environment Court decision...