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1. [2017] NZEnvC 053 Federated Farmers of New Zealand v Mackenzie District Council [pdf, 17 MB]

   ...Protection Area] overlay35. Ben Ohau Farming Trust [27] The sole issue for the Trust is the date for the exemption to Policy 3B13 and the related rule so that resource consent is not needed for "pastoral intensification" if a water permit to use water on land has been obtained from the CRC before 15 November 2015 (the date of notification of PC13(s293V)). 1.4 Recalling the issues [28] In addition to recognition of the outstanding natural landscape of the Mackenzie Ba...

2. [2022] NZEnvC 212 Kristin School Charitable Trust v Auckland Council [pdf, 7.3 MB]

   ...are urban in character with setbacks limited, building to the street is encouraged. Increased building height, continuous frontage and reduced setback reinforces the urban character of the street. No vehicular access or garaging is permitted to ensure pedestrian safety and amenity. streets and lanes provide a less formal urban frontage. Safety for all users is ensured by allowing for but reducing the impact of car parking and manoeuvring areas. Services ar...

3. Director of Human Rights Proceedings v Schubach [2015] NZHRRT 4 [pdf, 152 KB]

   ...Constitutional and Administrative Law in New Zealand at [15.4.3] citing AV Dicey Introduction to the Study of the Law of the Constitution (10th ed, Macmillan & Co, London, 1959) at 39-40. [65.3] There is no express provision in the Privacy Act which permits contracting out and no such provision can be implied: [65.3.1] The purpose of the Act (as set out in the Long Title reproduced below) is to promote and protect individual privacy in general accordance with the OECD Guidelines....

4. Practice Note 2014 [pdf, 286 KB]

   ...relevant form is Form 38 of the Resource Management (Forms, Fees, and Procedure) Regulations 2003. 2.5 Multiple consents and appeals (a) Where a development proposal requires more than one resource consent (eg a land use consent and a discharge permit), the Court will normally postpone processing an appeal in respect of a particular consent (or consents) until the Council’s decision in respect of the other consent (or consents) has been given. (b) If appeals are lodged in res...

5. [2022] NZEnvC 112 Minister of Conservation v Wellington Regional Council [pdf, 1.5 MB]

   ...The use of land for pastoral land use, arable land use, or horticultural land use and the associated discharge of contaminants into water or into or onto land where contaminants may enter water which is irrigated with new water is not otherwise permitted or controlled by Rule R94A, is a discretionary activity. Rule R94C: Use of rural land in priority catchments – permitted activity Until 31 December 2028, in the priority catchments listed in Schedule Z the use of: (a) 20 ha or mo...

6. [2012] NZEmpC 153 Hayllar v The Goodtime Food Co Ltd [pdf, 265 KB]

   ...places time limits on what events may be actionable by an employee bringing a personal grievance, earlier events may nevertheless inform the Court of relevant background to those which are sued on. So there is a balance to be struck between not permitting every complaint or grievance that may have occurred over sometimes very lengthy employment being litigated or relitigated, on the one hand, and, on the other, allowing the Court to understand the context in which the justiciable...

7. 2014-Environment-Court-Practice-Note.pdf [pdf, 286 KB]

   ...relevant form is Form 38 of the Resource Management (Forms, Fees, and Procedure) Regulations 2003. 2.5 Multiple consents and appeals (a) Where a development proposal requires more than one resource consent (eg a land use consent and a discharge permit), the Court will normally postpone processing an appeal in respect of a particular consent (or consents) until the Council’s decision in respect of the other consent (or consents) has been given. (b) If appeals are lodged in res...

8. BORA Canterbury Earthquakes Insurance Tribunal Bill [pdf, 616 KB]

   ...(clause 18). 6. Clause 20(3) provides that the Tribunal must comply with the principles of natural justice. 7. Clause 51 provides that Tribunal decisions may be appealed to the High Court on questions of fact and law, and may only be permitted with leave of the High Court. Second and subsequent appeals to the Court of Appeal and Supreme Court are permitted with leave of the relevant court and on questions of law only (Clause 51(6)). 8. This engages the right to justic...

9. [2022] NZEnvC 200 Director-General of Conservation v Dunedin City Council [pdf, 662 KB]

   ...triangles…. Figure 6B.18, Appendix 6B Section 8A Earthworks Rule 8A.5.1.1 General The following earthworks are always considered earthworks - small scale: a. post holes for the erection of fences; b. post holes for permitted or approved buildings or signs; c. driving of piles for building foundations; d. earthworks in the Port Zone; e. earthworks in the rural or rural residential zones, outside flood hazard overlay zones, associated with buryi...

10. ENVC practice note 2014 [pdf, 263 KB]

    ...relevant form is Form 38 of the Resource Management (Forms, Fees, and Procedure) Regulations 2003. 2.5 Multiple consents and appeals (a) Where a development proposal requires more than one resource consent (eg a land use consent and a discharge permit), the Court will normally postpone processing an appeal in respect of a particular consent (or consents) until the Council’s decision in respect of the other consent (or consents) has been given. (b) If appeals are lodged in res...