Search Results

1. Federated-Farmers-of-New-Zealand.pdf [pdf, 556 KB]

   ...found favour with the proposition that farming activities with low levels of environmental effects should be enabled. The Appellant says that the Hearing Panel erred in failing to recognise that the principles Amend policy 16 and insert new permitted activity rule to provide for the use of land for farming, including associated diffuse discharges that may result in contaminants entering water, as a permitted activity within the Whangamarino Wetland Catchment Oppose In princi...

2. [2020] NZEmpC 56 A Labour Inspector of Ministry of Business, Innovation and Employment v Jeet Holdings Ltd [pdf, 180 KB]

   ...matter relating to the pending hearing involves Mr Singh’s position because of the COVID-19 lockdown. Mr Singh is presently in India caring for his aged mother. He is affected by a similar lockdown to that applying in New Zealand. He is not permitted to travel within India nor make any connections with an international flight to New Zealand. Mr Singh is a New Zealand citizen. He has indicated that, even if he were able to procure a ticket for a flight back to New Zealand, he...

3. [2020] NZEnvC 175 Wilkins Farming Co Ltd v Southland Regional Council.pdf [pdf, 6.1 MB]

   ...G Mabin Environment Commissioner A P Gysberts Hearing: In Chambers at Christchurch Date of Decision: 14 October 2020 Date of Issue: 14 October 2020 SECOND INTERIM DECISION OF THE ENVIRONMENT COURT A: The appeal is allowed in part and water permit AUTH-20181529 is confirmed subject to the amended conditions and the irrigation area plan set out in Attachment A. B: The balance of the appeal is on hold until 21 September 2022, being a period of two years from the date of the Inte...

4. [2024] NZEnvC 168 Lun v Auckland Council [pdf, 239 KB]

   ...anyone was on the land. As soon as they learned of the occupation they took steps including notifying the police. [4] They assert in their notice of appeal, in the application for stay, and draft affidavit that they did not undertake any works or permit any other person to undertake any works on the property whatsoever. They assert they are not responsible to avoid, remedy or mitigate any effects caused, as they undertook no work.1 [5] In short, if the Appellants’ assertions are...

5. BORA Counter Terrorism Bill [pdf, 15 KB]

   ...on anything and monitor that device where, in all the circumstances, it is not reasonably practicable to obtain a TDW and the officer believes on reasonable grounds that a Judge would have issued a warrant under the warrant procedure if time had permitted. Where this warrantless process is used, application must be made within 72 hours for a warrant authorising continued monitoring of the device. If the application is declined then the officer must apply for a warrant to remove the device...

6. BORA Cluster Munitions Prohibition Bill [pdf, 360 KB]

   ...clause 13 of the Bill constitute a ‘seizure’ for purposes of section 21 of the Bill of Rights Act. We consider, however, that section 21 is not engaged because the seizure is reasonable in the circumstances contemplated by clause 13. Clause 13 only permits the seizure of cluster munitions when an offence has been committed and will typically operate post-conviction. While clause 13 may permit warrantless searches and seizures to be undertaken, for instance, in respect of unwitting tran...

7. Crown Pastoral Land Reform Bill [pdf, 149 KB]

   ...by new section 7); b. affecting or disturbing soil without a consent (if a consent is required by new section 8 or 9); c. contravening a stock limitation or an exemption from a stock limitation; d. undertaking an activity without a recreation permit (if a permit is required under section 66A of the Land Act 1948); and e. felling, selling, or removing any timber, tree, or bush without a consent (if a consent is required under section 100 of the Land Act 1948). 9. Such offences may n...

8. [2014] NZEmpC 139 Brown v Richard & Jennifer Adams t/a Untouchable Hair & Skin [pdf, 64 KB]

   ...to be instituted within the 28-day period provided for any challenge under s 179 of the Employment Relations Act 2000 (the Act); or an application for leave would have to be made. Principles [8] The provisions of s 219 and 221 of the Act permit the Court to extend time in a situation such as the present. The criteria were set out as follows in Stevenson v Hato Paora College Trust Board: 3 There are well-established principles for the exercise of the Court’s discretion t...

9. [2021] NZEmpC 227 AlKazaz v Enterprise IT Ltd [pdf, 162 KB]

   ...rights and liabilities of the parties; (e) subsequent events; and (f) to a limited extent, the merits of the proposed challenge. [8] The Court may also consider whether there is any public interest in the proceeding. Limited oral evidence is permitted [9] Mr AlKazaz has already given affidavit evidence about both the issues he raises. I do not accept that further evidence, let alone oral evidence on the first issue, will assist the Court. Further, I accept the point made b...

10. [2021] NZEnvC 112 Tahuaroa v Marlborough District Council [pdf, 562 KB]

    ...restrictions: (i) the buildings are only used for storage (which is not to include any fuels, pesticides or anything likely to cause adverse effects); (ii) there are no discharges of grey and/ or black water to land or water and except as provided for as a permitted activity within the applicable zone rules of the proposed Ivfarlborough Environment Plan ('the pMEP'); (iii) there is no camping except as provided for as a permitted activity in the applicable zone rules of th...