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1. FT v MU & T Ltd & U Ltd [2023] NZDT 470 [pdf, 227 KB]

   ...costs. I do not award these amounts as it was not imperative for him to travel to NZ to resolve the dispute. It could have been addressed from [country 1] with the assistance of his NZ residing son (who has been substantially assisting him and was also permitted to represent him in these Tribunal hearings). 23. As to any hire costs in [country 1] such would not be awarded as the customs issue would still have been left to be resolved and I am not satisfied he needed a car there as he...

2. BORA 2002 Income Tax Bill [pdf, 114 KB]

   ...Attorney-General Table of Discriminatory Clauses Practical Effect Who is Disadvantaged? Clause De Facto Partners (Same or opposite-sex) CB 19(1)(b) – Farmland exclusion: land division; CB 20(1) – Farmland exclusion: land affected by changes in permitted use; and CW 24(b) – Maintenance payments. Tax Exemption Married Persons CD 5(1)(a)(iii) – When is a transfer caused by a shareholding relationship. De Facto Partners (Same or opposite-sex) CF 1(2) - Benefits, pensions, compensati...

3. International Covenant on Civil and Political Rights - list of issues 5th report [pdf, 38 KB]

   ...of the Misuse of Drugs Act 1975 (para.14 ). Right to privacy, Freedom of speech and freedom of association (arts. 17, 19 and 21) 20. According to information before the Committee, provisions of the Criminal Investigation Amendment Bill 2009 permitting the expanded collection and retention of DNA samples and CCPR/C/NZL/Q/5 page 4 profiles place an unjustifiable and disproportionate limit on the right to privacy. Please provide comments on this information in light of artic...

4. [2018] NZEnvC 076 Vernon v Thames Coromandel District Council [pdf, 730 KB]

   ...introduction, increase or reduction to the Decisions Version of the Natural Character Overlays on property owned by them, except where the property is already the subject of an appeal in these proceedings; (iii) any holder of an exploration or mining permit on land affected by a change, being the introduction, increase or reduction to the Decisions Version of the Coastal Environment Line, other than Oceana Gold Limited; and (iv) the twelve Iwi of Hauraki whose Treaty settlement...

5. [2018] NZEnvC 120 Jayashree Limited v Auckland Council [pdf, 207 KB]

   ...event, the essential facts advanced by the Council were confirmed by the answers Mr Karmarkar gave to Mr Govind's questions. [18] In his reply, Mr Karmarkar endeavoured to persuade us that there are two dwellings on this site (he claimed, a permitted activity under the Unitary Plan), because there are two kitchens. This argument cuts no ice because while the definition of a dwelling house requires the presence of a kitchen, things do not work in the opposite 5 direction suc...

6. Ngakoti v Department of Conservation - Ngaiotonga A3 [2019] Maori Appellate Court MB 213 (2019 APPEAL 213) [pdf, 211 KB]

   ...leave to file late. [5] The issues discussed included: (a) The late filing of the appeal; (b) Had the 1080 drop taken place and the land affected; (c) The ground of appeal relied on by the appellants. The Framework [6] Section 58 of the Act permits the Court to allow appeals out of time and r 8.14 of the Māori Land Court Rules 2011 (the Rules) sets out the procedure by which that discretion is to be exercised. The Rules, however, do not set out in detail how that discretion is...

7. Youth Court FAQs for Professionals at Alert Level 3 - August 2020 [pdf, 91 KB]

   ...Court sitting during Alert Level 3? Yes – at Alert Level 3, the Youth Court will provide an essential service. Court buildings are open; however, for physical distancing reasons, access may be restricted, including a maximum number of people permitted in the courthouse at one time. Q: Are Rangatahi and Pasifika Courts sitting during Alert Level 3? No – the Rangatahi and Pasifika Courts will not be sitting during Alert Level 3. Monitoring appearances for these courts will be he...

8. WHT Annual Report 2019 [pdf, 267 KB]

   ...claims, being those under $20,000, in order to ensure they are quickly and efficiently heard and determined. Such claims are rare and there are none currently before the Tribunal. The Tribunal operates in an inquisitorial or investigative manner, as permitted by the Act.4 It may grant any remedy that can be claimed in a court of law, though has only limited power to award costs.5 The Chair can issue practice directions.6 There are comprehensive Directions and Guidelines in plac...

9. [2021] NZEnvC 058 The Tree Council (Auckland) Inc v Auckland Council & Zheng [pdf, 895 KB]

   ...title, owned by Mr Jianhua Zheng. It has an area of 938 square metres. There is a single dwelling on the site dating from around 1910. The land is zoned Residential - Mixed Housing Suburban. In that zone up to three dwellings may be built as a permitted activity. [5] The Aucldand Council is the local authority in respect of the property. The pohutukawa tree l6] The pohutukawa tree which is the subject of this application is located to the rear of the site. In the previous district...

10. ENV-2016-AKL-000205 Liddle v Auckland Council [pdf, 209 KB]

    ...presence of a stream, it would not be possible to construct a minor dwelling at 83 Karekare Rd, outside of the SEA, as is allowed under the PAUP (DV). 10 I seek the following relief: That up to five dwellings per large lot be a permitted activity, for properties that are more than 95% within the SEA-Ts overlay and that have a lot size of over 39 Hectares. One dwelling, the primary dwelling may be up to 200M2 in size(GFA), the others, ancillary dwellings, are to be li...