Search Results

1. [2020] NZEnvC 181 BW Offshore Singapore Pte Ltd v Environmental Protection Authority.pdf [pdf, 1.4 MB]

   ...describe the sequence of steps from that time, without any further description of the information and assumptions which are considered to not now apply. [23] It appears to be common ground that the disconnection from anchor cables and the like is permitted, and thus it is only these Notices that prevents the FPSO from disconnecting and sailing away from the Tui Field. Is this an appeal on substantive merits? [24] The appellants contended that this was an appeal on the merits, and we...

2. Issues with access to justice in the Environment Court of New Zealand [pdf, 477 KB]

   ...ensure full public participation.8 The Court also has a role more traditionally reserved to the administration: it licenses specific activities as regards the take, use, develop- ment and discharge of/into land, air and water that are not automatically permitted, and in this sense is concerned with prediction, uncertainty, risk-evaluation and allocation. How to ‘promote sustainable management’ of a resource will be determined by the facts and relevant context of any given case but will be g...

3. [2023] NZEnvC 188 Wakatipu Equities Ltd v Queenstown Lakes District Council [pdf, 414 KB]

   ...Low – High). [55] Consistent with the primary purpose of maintaining or enhancing landscape character and visual amenity values, the enablement of primary production is qualified in associated rules. Farming activity and farm buildings are a permitted activity. However, a farm building that exceeds a maximum gross floor area of only 50m2 defaults to a restricted discretionary activity (r 24.5.13). Discretion is available to decline a consent application for a larger farm build...

4. [2022] NZEnvC 234 Paterson Pitts Limited Partnership v Dunedin City Council [pdf, 18 MB]

   ...changes set the scope for what can be considered as part of any submission on Variation 2. [13] Provisions of the 2GP that are affected by the changes are also listed against each of the changes. Change A2 amends the density performance standard to permit duplexes in identified residential zones on sites with a minimum site area of 500m2. It also permits residential units in one residential building which will 4 Dunedin City Council "Variation 2 - Summaty of provision changes&q...

5. Reid v New Zealand Law Society [2023] NZLCDT 7 (24 March 2023) [pdf, 248 KB]

   ...restored to the roll of barristers and solicitors. New Zealand Law Society opposes her application. This Tribunal is independent of both parties. [2] Ms Reid was struck off1 almost eight years ago. Redemption is possible: the statutory provision permits restoration. In applications2 for restoration after strike-off, the Tribunal must make a predictive (forward-looking) evaluation whether the applicant is now a “fit and proper person” to be admitted. A similar criterion pertains...

6. [2007] SFWU v ADHB and Ors WN WC 18/07 [pdf, 134 KB]

   ...agreement from such bargaining. [68] At the close of his submissions in reply, Mr Cranney, perhaps tacitly accepting the logical extension of his argument in the circumstances, altered his stance to submit that the legislation does not contemplate or permit counter-initiation of bargaining by an employer against whom collective bargaining has been initiated by a union. In these circumstances we allowed time for the development of that argument by Mr Cranney and for responses by o...

7. [2020] NZEmpC 109 McCook v Chief Executive of the Inland Revenue Department [pdf, 333 KB]

   ...confirms that the statutory privilege was introduced in 1952 to clarify the basis and extent of that protection of the position of the Commissioner. Its purpose is to reinforce tax secrecy obligations under s 81. ... [69] ... Disclosure is not permitted unless, and to the extent that, it is reasonably necessary for the performance of the Commissioner’s statutory functions. ... [44] Ms Hornsby-Geluk submitted that this dicta continues to apply, having regard to the express...

8. [2019] NZEnvC 029 Cable Bay Wines Limited v Auckland Council [pdf, 12 MB]

   ...appropriate to consider the existing environment as that represented by the lawfully established activities on the site. Logically, the assessment of effects of the new consents applied for should relate to effects beyond those already consented or permitted by the District Plan. [18] Some dispute arose in submissions by Counsel for Cable Bay as to the scope and constraints on the 2006 consents. Counsel submitted2 that the 2006 application "was sparse in its description of th...

9. Waxman v Pal (Application for Non-Publication Orders) [2017] NZHRRT 4 [pdf, 322 KB]

   ...calls made by Dr Waxman while at the Panmure surgery. By these means Dr Pal intended demonstrating the dismissal was justified and that no award in favour of Dr Waxman should be made. Unfortunately for Dr Pal the appeal was dismissed as the limited permitted grounds of appeal to the District Court from the Disputes Tribunal do not allow a re-litigation of the evidence. [9] Be that as it may, the significant point for present purposes is that Dr Waxman was served with the appeal papers...

10. [2024] NZEnvC 142 Neil Construction Limited v Far North District Council [pdf, 3.2 MB]

    ...shall be a maximum of 1.5m in height, finish to be of natural materials, ie timber or stone. Other materials such as brick or plaster are discouraged. Open rail style fencing on top of retaining walls over 900m in height, close boarded fences are not permitted; • Side boundary fencing shall be limited to 1.2m height post and rail or post and wire fencing; • Where the access, vehicle parking, and manoeuvring area surfaces are constructed of concrete then a dark (black) oxide shall be...