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1. Manning - Kirikiri Pawhaoa B2A1 (2010) 5 Taitokerau MB 234 (5 TTK 234) [pdf, 56 KB]

   ...trustee, the trustee shall not have power under the will or under any Act to sell the interest; and any provision in the will purporting to confer such power shall be void and of no effect. [25] There is otherwise no express provision in the Act permitting a testamentary trustee to sell Maori freehold land. Part 7 of the Act governs the alienation of Maori http://www.legislation.govt.nz/act/public/1993/0004/latest/link.aspx?id=DLM293306#DLM293306� 5 Taitokerau MB 241 fre...

2. ORC & Lower Waitaki Irrigation Company Ltd - EIC - Keri Johnston - 17 September 2021 [pdf, 763 KB]

   ...expert assessment and why the expertise may differ 40 The mediation agreement records aspects of the proposed rule framework that require expert assessment. This includes: (a) the certification of animal effluent storage pond construction (permitted activity land use Rule 14.7.1.1 and controlled activity land use Rule 14.7.2.1); (b) the certification of ancillary components (permitted activity land use Rule 14.7.1.1A); (c) assessment of storage requirements using the Dairy Ef...

3. RV v IP and RM LCRO 212/2014 (25 July 2016) [pdf, 78 KB]

   ...the professional relationship (Rule 8); and 3 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [39]-[41]. 4 Deliu v Connell [2016] NZHC 361, [2016] NZAR 475 at [2]. 8 (b) Whether Mr RV was permitted to disclose the IPs’ “bottom line” to the prospective purchaser in circumstances where Mr IP and Ms RM had expressly or impliedly authorised the disclosure (Rule 8.4(3)). [34] As will be become apparent from the discussion that...

4. [2024] NZEnvC 052 Lakeside Developments 2017 Limited v Waikato District Council [pdf, 368 KB]

   ...land in Iwi or the Council; and (e) Integrating with the Te Kauwhata Town Centre through improved connections to Lakeside and Lake Waikare, particularly walking and cycling. Application of rules For avoidance of doubt the following rules apply to permitted activities within both PREC31 – Lakeside Te Kauwhata precinct and the GRZ – General residential zone as follows: (1) … (2) PREC31-S1 (Noise and vibration – North Island Main Trunk Line (NIMT) in the GRZ – General residentia...

5. Marine and Coastal Area - Provisions for protecting customary interests [pdf, 159 KB]

   ...unless This material is not legal advice 3 the PCR group gives its written approval for the proposed activity (section 55(2)); and  through a prohibition on plans and proposed plans from including rules that describe an activity as a permitted activity if the activity will, or is likely to, have an adverse effect that is more than minor on a PCR (section 85A RMA). A PCR group is not required to pay coastal occupation charges (section 52(2)(a)). PCR groups are also not re...

6. [2023] NZEnvC 097 Amisfield Environment Protection Group v Central Otago District Council [pdf, 21 MB]

   ...6801:2008 Acoustics - Measurement of environmental sound and assessed in accordance with NZS 6802:2008 Acoustics - Environmental noise . Due to the nature of the proposed activity, no duration adjustment in accordance with NZS 6802:2008 shall be permitted. Day Time period Noise limit Monday to Saturday 0700 to 2000 hours 55 dB LAeq (15 min) At all other times 40 dB LAeq (lSmin) and 70 dB LAmax 35. All vehicle reversing alarms on quarry-based equipment or trucks, shall only be b...

7. [2017] NZEnvC 157 Speedys Road Hydro Limited v Waikato Regional Council [pdf, 497 KB]

   ...consequentially amended to read as set out in Appendix A to this Order. [14] There is no order as to costs. DATED at Auckland this ~~ dayo! kt~ kr 2017 Kirkpatrick Environment Judge APPENDIX A Resource Consent: 135083 Consent Type: Water permit Consent Subtype: Surface water take Pursuant to the Resource Management Act 1991, consent is hereby granted to: Speedys Road Hydro Ltd C/- Clearwater Hydro Ltd PO Box 9229 Greerton Tauranga 3142 (hereinafter referred to as th...

8. 2021-11-26 ORC - MOC - re Urban provisions [pdf, 214 KB]

   ...Part G provisions included a proposed new Policy 7.D.10, two new rules and a new definition of “earthworks” to control the land use and discharge components of earthworks for residential development. The general intent of the provisions is to permit smaller-scale earthworks where on-site practices are implemented to prevent or reduce the adverse effects of sediment discharges and 1 Along with the general submissions on PC8 to the extent they relate to the urban provisions of...

9. 2017 NZSSAA 051 (6 September 2017) [pdf, 378 KB]

   ...case. Material conclusions of Potter J, listed at [30] of her judgment, were: • Eligibility for a benefit is denied to persons unlawfully in New Zealand (s 74(1)(a)) and to persons lawfully in New Zealand by virtue of any one of the temporary permits referred to in s 74A(1)(b), but a refugee may be granted an emergency or special benefit if he is “lawfully present in New Zealand”. … • “Lawfully present” is not defined in the Social Security Act but s 4 of the Immigr...

10. Guideline to help reporting entities to develop their AML/CFT programme. [pdf, 130 KB]

    ...relating to the source of the funds or wealth of the customer. 30. Under section 57(j) of the AML/CFT Act your AML/CFT programme must outline how your business will determine when enhanced CDD must be conducted and when simplified CDD may be permitted. 31. Your AML/CFT programme could set out: • an overview of how your business will address the risks identified in your risk assessment and its approach to conducting CDD; • how you will identify if there has been a mate...