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1. 2021-04-21 Minute - PC7 - Court questions for conferencing [pdf, 749 KB]

   ...For example, border dyking or wild flooding. 5 [16] JWS Primary Sector dated 25 March 2021. the provisions relative to the objective. Matters of Control [6] As amended in the JWS: Within the limits of historical use and existing water permits, the volume and rate of water taken, dammed, discharged or diverted; [7] What is intended by this control? (i) Does it (or could it be interpreted to) confer on ORC a discretion to impose a condition for a rate of take and volume th...

2. Pera v Broomfield-Hoet -Tuhuna 16B (2021) 229 Taitokerau MB 190 (229 TTK 190) [pdf, 236 KB]

   ...electronic hui. That is not the case. [10] Section 10 of the COVID-19 Response Act provides that, in order to call an electronic hui, the trustees had to comply with the Act if:3 (a) There is a restriction in the constitution or rules which do not permit an electronic hui; or (b) The constitution or rules are silent on whether trustees can hold an electronic hui. [11] Regulation 19 of the Māori Reservation Regulations 1994 requires the trustees to hold an AGM. This pro...

3. [2018] NZEnvC 165 Nelson City Council v Bailey [pdf, 544 KB]

   ...Henderson, a planning officer and an enforcement officer respectively, employed by the Council. Ms Lancashire deposed' that the chiller unit is in breach of rules REr.25 and REr.35 NRMP and considers the only way to achieve compliance with the permitted standards is to remove the chiller unit form the property>' [3] Orders were initially sought against the two respondents, however after the proceeding commenced the Council advised they could not locate the second respon...

4. HortNZ - EiC - S J Ford - Economics (5 February 2021) [pdf, 237 KB]

   IN THE ENVIRONMENT COURT OF NEW ZEALAND ENV-2020-CHC-128 CHRISTCHURCH REGISTRY I TE KŌTI TAIAO O AOTEAROA ŌTAUTAHI ROHE UNDER the Resource Management Act 1991 (RMA) IN THE MATTER of the Water Permits Plan Change – Plan Change 7, being part of a proposal of national significance directed by the Minister for the Environment to be referred to the Environment Court under section 142(2)(b) of the RMA AND IN THE MATTER of an application under section 149T of...

5. [2021] NZEnvC 185 Otago Regional Council [pdf, 328 KB]

   ...Resource Management Plan 2005; Te Tangi a Tauira: Ngāi Tahu ki Murihiku Natural Resource and Environmental Iwi Management Plan 2008; and Waitaki Iwi Management Plan 2019. 8 Section 32(3) of the Act. 6 rule in a regional plan that allows as a permitted activity a discharge of a contaminant onto or into land in circumstances which may result in that contaminant (or any other contaminant emanating as a result of natural processes from that contaminant) entering water. Those requir...

6. 2021-11-30 ORC PC1 - [2021] NZEnvC 185 - Final Decision on Dust Suppressants [pdf, 328 KB]

   ...Resource Management Plan 2005; Te Tangi a Tauira: Ngāi Tahu ki Murihiku Natural Resource and Environmental Iwi Management Plan 2008; and Waitaki Iwi Management Plan 2019. 8 Section 32(3) of the Act. 6 rule in a regional plan that allows as a permitted activity a discharge of a contaminant onto or into land in circumstances which may result in that contaminant (or any other contaminant emanating as a result of natural processes from that contaminant) entering water. Those requir...

7. Auckland Standards Committee 3 v Yu [2010] NZLCDT 32 [pdf, 153 KB]

   ...to avoid inconsistent factual findings as between the Court and the Tribunal and to enable the Tribunal (if required to do so) to dispose of the charge on the basis of the High Court’s findings and determinations of law; 2.4 By effectively permitting the complainant to pursue concurrent claims and allegations against the practitioner both in the Tribunal and in the High Court, the Tribunal would be countenancing an abuse of process.” the Tribunal considers that the Interim Sta...

8. BORA New Zealand-China Free Trade Agreement Bill [pdf, 202 KB]

   ...Government of New Zealand and the Government of the People’s Republic of China ("the FTA") done at Beijing on 7 April 2008 to be brought into force. This is accomplished through technical amendments to the: • Tariff Act 1988 – amendments permit preferential tariff rates on imported goods of Chinese origin; • Customs and Excise Act 1996 – amendments create a system of issuing certificates of origin for goods exported from New Zealand to China; • Fair Trading Act...

9. CPA Form 8 Notice of appeal extended supervision order [pdf, 24 KB]

   ...sentencing court- • making an extended supervision order (section 107I of the Parole Act 2002); or • declining to cancel an extended supervision order (section 107M of the Parole Act 2002); or • ordering for a specified period that you not be permitted to apply for the cancellation of the extended supervision order to which you are subject (section 10M(6) of the Parole Act 2002); or • extending a short extended supervision order (section 107N of the Parole Act 2002)] _________...

10. [2020] NZEnvC 198 Lake Road Preservation Society Incorporated v Lake Road Quarry Limited [pdf, 801 KB]

    ...tentatively considers the original resource consent granted in this matter in 1981 is now fulfilled by virtue of all material within the area and within the terms of that consent having been exhausted. It is therefore unclear if any quarry operations are permitted on the site even in accordance with the 1981 consent. C. The Court accepts that there is a consent issued by the Regional Council authorising the removal of over-burden and stockpiling on site. There has been no applicat...