Search Results

1. Powerpoint NZLS Workshop - HOW TO RUN A RESOURCE MANAGEMENT CASE [pdf, 815 KB]

   ...Documents o rules o objectives / policies o the environment • District and Regional Plans (NB Unitary Plans) – Need to consider operative and proposed – If proposed – may or may not have legal effect • Rules – Start with the rules – Permitted to prohibited – May need to adjust proposal – Bundling – can be across district and regional plan – Exception to bundling when no overlap in effects • Objectives / Policies – Can be useful if breach of rule, neve...

2. [2021] NZEnvC 132 Drach v Tasman District Council [pdf, 954 KB]

   ...Management Plan provisions This resource consent only authorises the activity described above. Any matters or activities not referred to in this consent or covered by the conditions must either: (1) comply with all the criteria of a relevant permitted activity rule in the Tasman Resource Management Plan (TRMP); (2) be allowed by the Resource Management Act; or (3) be authorised by a separate resource consent. Consent Holder This consent is granted to the abovementioned Consent...

3. Stowers v Short -Tumu Kaituna 14 (2021) 251 Waiariki MB 144 (251 WAR 144) [pdf, 243 KB]

   ...Trust — Owhaoko C1 and C2 (2010) Maori Appellate Court MB 34 (2010 APPEAL 34) at [16], as cited in Rameka v Hall [2013] NZCA 203 at [29]. 251 Waiariki MB 147 (a) failed to carry out the business of the trust in a prudent manner; (b) permitted sand mining to occur in breach of the resource consent and failed to protect the cultural importance of the land; (c) failed to inform, provide information to and consult with beneficiaries; and (d) failed to hold an election for fu...

4. [2015] NZSSAA 42 (1 July 2016) [pdf, 48 KB]

   ...received the payments of benefit in good faith; (d) the beneficiary changed his position believing he was entitled to receive the money; and (e) it would be inequitable in all the circumstances, including the debtor’s financial circumstances, to permit recovery. [12] Pursuant to s 86(9B) of the Act the term “error” includes: (a) the provision of incorrect information by an officer of the Ministry; (b) an erroneous act or omission occurring during an investigation of benefit...

5. LCDT - 2014 annual report [pdf, 656 KB]

   ...requiring adjudication prior to hearing, some of which (of a procedural nature) can be considered by the Chair alone, and some of which require the convening of the full, or reduced number Tribunal. The circumstances where a reduced quorum is permitted has been extended by recent amendment to the Act2. 2 Lawyers and Conveyancers Amendment Act 2012, ss 15 and 19. 1 Jul 2009 - 30 Jun 2010 1 Jul 2010 - 30 Jun 2011 1 Jul...

6. BS v KC & DC [2024] NZDT 721 (9 September 2024) [pdf, 114 KB]

   ...the new fence. My orders included that the fence was to be 1.5m high. The height of the fence was set at this level because in the hearing of the claim BS had provided an email from the local Council in which it said that this was the maximum height permitted (in the absence of a resource consent) for the fence because of the heritage listing that applies to KC and DC’s house. 3. After I issued my order BS filed an application for a rehearing. He said that new information had become...

7. [2025] NZEmpC 42 Soundhomes NZ Ltd v Doughty [pdf, 245 KB]

   ...application to extend the freezing order and for 1 Soundhomes NZ Ltd v Doughty [2024] NZEmpC 194. 2 Soundhomes NZ Ltd v Doughty (No 6) [2024] NZEmpC 252 at [2]–[11]. additional ancillary orders. They say that the freezing order should be permitted to lapse. Should the freezing order continue? [5] Three elements must be satisfied to justify the imposition or continuance of a freezing order: (a) that the applicant has a good arguable case; (b) that the responden...

8. Harihona v Heta - Te Pupuke C1B1 [2025] Māori Appellate Court MB 167 (2025 APPEAL 167) [pdf, 251 KB]

   ...when there has been a considerable lapse in time. For example, in Tairua v Aati - Estate of Mere Hare Kerepeti [2020] Māori Appellate Court MB 224 (2020 Appeal 224) an appeal which was filed approximately 15 years after the relevant decision was permitted. In that instance, the affected parties had not been notified about the application, the appellant had serious health conditions which impacted on her ability to progress the appeal, and the appellant reasonably believed the matter...

9. BC v Accident Compensation Corporation (Cost of Treatment) [2025] NZACC 40 (4 March 2025) [pdf, 246 KB]

   ...or contribute to cost of treatment. (1) The Corporation is liable to pay or contribute to the cost of the claimant's treatment for personal injury for which the claimant has cover if clause 2 applies, — (a) to the extent required or permitted under an agreement or contract with any person for the provision of treatment; or (b) if no such agreement or contract applies, to the extent required or permitted by regulations made under this Act; or (c) if paragraphs (a) and...

10. Andrew Hill - Evidence in Chief [pdf, 4.3 MB]

    ...representatives20 in ·the Bay of Plenty issued at least 594 authorisations to take fisheries resources for hui or tangi. These authorisations covered at least 11 species.21 23. Where rohe of tangata whenua overlap, more than one group may issue permits to take fisheries resources for hui, tangi or other approved customary purposes in the same area. But once Tangata Kaitiaki/Tiaki22 are confirmed as being responsible for managing customary food gathering for that area (under the Fis...