Search Results

1. [2016] NZEnvC 253 Environmental Defence Society Incorporated v Mackenzie District Council [pdf, 666 KB]

   ...of the letter of the declarations themselves. 3 [7] The agreement was to the effect that the District Council would urgently promulgate a Plan Change (to be numbered PC17) before Christmas, putting a 12 month freeze on the purported "permitted activity" exemptions in the two rules under scrutiny. [8] The Court would therefore be asked to issue one or both of the following: (a) a Declaration that the intended Plan Change proposal would have immediate legal effect un...

2. Tonks v Stone [pdf, 105 KB]

   ...Walker made closing submissions. 2. THE PROPERTY 2.1 The dwellinghouse is situated at 37A Wairoa Street, New Brighton, Christchurch and is owned and occupied by the claimant the owner. 5 Claim 363:Determination 2.2 A building permit was issued dated 25 November 1992. The completion date is unknown and no Code Compliance Certificate has been issued as the work was carried out under a building permit. 2.3 Construction was from mid 1993 to late 1994. 2.4...

3. BORA Border Security Bill [pdf, 72 KB]

   ...held in respect of travellers who have been processed and have entered, or left, New Zealand, there is no convincing reason why the traditional protections for personal information should not remain in place and be observed. Moreover, any scheme permitting access to personal travel-related information must contain sufficient protections (for example, by way of definition of the information that can be searched and seized and the circumstances in which search and seizure can occur) to ens...

4. [2018] NZEnvC 089 Auckland Council v Braines [pdf, 8.2 MB]

   ...establishing any additional dwellings at the Site; Auckland Council v Braines - ex p interim enforcement orders 2 ii. Allowing or granting any new, replacement or extended tenancies in respect of any dwellings at the Site; iii. Using or permitting the use of the toilet facilities at the Site in seven days' time; and b. Pursuant to ss 320(1), 314(1)(b)(i), 314(1)(b)(ii) , 314(1)(c) and 314(1)(da) of the RMA, Mr Braines is required to do the following within seven days:...

5. BORA Aquaculture Reform Bill [pdf, 458 KB]

   ...Fisheries Acts and the Resource Management Act 1991 (the "RMA") to give regional councils responsibility for managing the impact of aquaculture development on the environment and the sustainability of fisheries resources; • simplifies the permitting requirements for aquaculture; • provides regional councils with greater powers to manage the allocation of coastal space; • establishes a mechanism whereby the Ministry of Fisheries will assess whether a proposed aquacul...

6. [2017] NZEnvC 168 Mawhinney v Auckland Council [pdf, 2 MB]

   ...[42] The declaration sought is: DECLARATION 44: The erection of 72 barns and 75 sheds [on] the land the subject of SUB-2008-570 and 571 (excluding Unity ridge) described in paragraph 20 of the 1st affidavit of P W Mawhinney is either: (a) a permitted activity; or (b) does not require land use consent. [43] The wording seems tautological - a permitted activity is defined34 as an activity " ... for which resource consent is not required ... " [44] The plans and elevatio...

7. Heath v Auckland Council [2012] NZWHT Auckland 20 [pdf, 193 KB]

   ...7th Edition (2) July 1999 form of that agreement. [21] As is material to this claim, the agreement contained a number of vendor warranties, including a warranty at clause 6.2(5) which stated: (5) Where the vendor has done or caused or permitted to be done on the property any works for which a permit or building consent was required by law: (a) The required permit or consent was obtained; and (b) The works were completed in compliance with that permit or consent; an...

8. INZ (Calder) v Horan [2019] NZIACDT 13 (11 March 2019) [pdf, 274 KB]

   ...of information. The contrived consultations between public servants would also have to be released to him. He questioned why a government agency required consultative meetings against a mere licensed immigration adviser who had been refused a licence renewal by those very agencies who had waged the contrived agenda against him over the last two years. He questioned whether he was a threat to national security. [25] Mr Horan stated that his hundreds of migrant clients and profess...

9. Regulatory Impact Statement Judicature Modernisation Bill Review of the Judicature Act 1908 Second Paper [pdf, 166 KB]

   ...ensuring  that  appointees  have  an  appropriate  understanding of New Zealand’s legal system and community.    2  Appeals in respect of Interlocutory Matters  Status quo  12. Section  66  of  the  Judicature Act  permits  an  appeal  to  the  Court  of Appeal  as  of  right  in  respect of any judgment, order or decree of the High Court.  13. Prior to November 2011, the Court of Appeal had issued a number of judgments t...

10. [2011] NZEmpC 31 Ravnjak v Wellington International Airport Ltd [pdf, 262 KB]

    ...monitor the surveillance camera was to investigate who was using the EOC room and the purpose of that use. It was not, or at least not predominantly, to ensure the security of the room, that is to ensure that it remained secure against those not permitted to be there. In this sense, therefore, Mr Hardiman’s role was as an investigator and not as a security guard. [16] It does not change Mr Hardiman’s role, that he did not render an invoice to WIAL for the work performed by him...