Search Results

1. [2023] NZEnvC 108 Environmental Defence Society Incorporated v Marlborough District Council [pdf, 390 KB]

   ...Environment Zone, Coastal Living Zone, Port Zone, Open Space 1 Zone, Open Space 2 Zone, Open Space 3 Zone and Lake Grassmere Saltworks Zone, replace the indigenous vegetation clearance standards with the following: X.3 Standards that apply to specific permitted activities … X.3.X Indigenous vegetation clearance. … X.3.X.1 Indigenous vegetation clearance must comply with Standards [see table in 2 below] X.3.X.2 The clearance of indigenous vegetation can only occur in the following ci...

2. [2022] NZEmpC 58 GF v Comptroller of the New Zealand Customs Service [pdf, 192 KB]

   ...inform the other party and the Court of the nature of the case as distinguished from the mode in which it will be proved, to prevent surprise, to limit and define issues. There is, as his Honour noted, a dividing line between “proper particulars (permitted) and probing for evidence (not permitted)”.6 [15] And the fact remains that it is the defendant who is obliged to justify the dismissal having regard to what a fair and reasonable employer could have done in all the circumsta...

3. ST v AHX [2013] NZIACDT 30 (27 May 2013) [pdf, 82 KB]

   ...[4] Ms ST has made a complaint on the following basis. [5] She engaged Mr SNJ’s company in November 2008 to assist her to gain residence in New Zealand. [6] The application was lodged in December 2008. In August 2009 an application for a work permit was lodged, so Ms ST could continue working after her then current permit expired. [7] In September or October 2009 Ms ST contacted Immigration New Zealand and was told that Mr AHX was her adviser according to Immigration New Zealand rec...

4. [2023] NZEmpC 23 Pilgrim v The Attorney-General [pdf, 186 KB]

   ...Siemer v Solicitor General [2013] NZSC 68, [2013] 3 NZLR 441 at [114]. 5 See too Pilgrim, above n 2, at [4]-[5]. weighing exercise and relevant to an assessment of what conditions might appropriately be imposed on any attendance that is permitted. [7] As Mr Stewart pointed out, there are syndication arrangements in place between RNZ (which has approval to attend the site visit) and each of the applicant media organisations. While sharing footage may have gone some way t...

5. Koopu - Maraenui Part 19 (2003) 276 Rotorua MB 89 (276 ROT 89) [pdf, 328 KB]

   ...of Maraenui Part 19 stated at 81 OPO 125 that they have no objections to allowing access for both Maraenui 152 and 153 owners. In other words, they did not want the owners of Maraenui 152 to obtain exclusive use and vehicular access should be permitted for the owners of both blocks. Court's View The Court is prepared to limit the class of persons entitled to use the roadway to the owners of Maraenui 152 and 153. The right of those owners of Maraenui 153 to use the road will...

6. FD v CE [2021] NZDT 1395 (22 April 2021) [pdf, 192 KB]

   ...says the fence is compliant with council regulations and is not seeking an order for its removal. The Tribunal has no power to order a mirror to be erected or to order the respondent to contribute towards the cost of a mirror. As the fence height is permitted by Council I cannot grant the applicants request for it to be reduced. 10. For these reasons the applicants claim must also be dismissed. Referee: P McKinstry Date: 22 April 2021 CI0301_CIV_DCDT_Order Pa...

7. 2022-03-10-Minute-as-to-access-to-manifesto-and-footage.pdf [pdf, 167 KB]

   ...be adequately informed and be able to effectively participate in the coronial inquiry must be carefully balanced against the inherent risk of causing harm these publications have been determined to possess. Mere curiosity will not suffice to permit access, I must be satisfied that viewing the Manifesto or the Footage is necessary for the purposes of the coronial inquiry. [10] In making an application to view the Footage applicants are asked, where possible, to frame their reques...

8. 9.3 Appendix 3 to JWS 9 - Section 32AA Analysis [pdf, 119 KB]

   ...except that: o the environmental risk is further reduced by limiting the access to the RDA pathway to land uses that are known to have lower impacts in terms - Similar benefits as option 3, except that: o That there may be reduced benefits for permit holders with a pastoral farming to orchards and viticulture only of water quality (i.e. orchards and viticulture) compared to other land uses (i.e. pasture irrigation). Where the proposed expansion is intended to provide fo...

9. Environment Court COVID-19 Protocol - September 2022 [pdf, 166 KB]

   ...tested positive for COVID-19 within the last 7 days may not enter. 2. Court Buildings remain open to the public, but for health and safety reasons there may be limits on the number of people who are not directly involved in proceedings who are permitted to be physically present in courtrooms and premises used for hearings/mediations/expert conferencing. Masks 3. All persons entering court buildings may wear a surgical mask or a KN95 mask, and are strongly encouraged to do so...

10. [2020] NZEnvC 017 Renew Energy Limited v Canterbury Regional Council [pdf, 239 KB]

    ...holds consent for a future transfer station at 25 Spencerville Rd, although the consent has yet to be "activated". 3 [6] Renew Energy Ltd had been storing the bales at the Spencerville Rd site, on the understanding that the activity was permitted by a rule in a Regional Plan. In July 2019, the Regional Council advised the appellants/applicants that resource consent was required because the bales were "municipal waste". Further, there is enough vulnerability in th...