Search Results

1. [2023] NZEnvC 018 Aokautere Land Holdings v Manawatu-Wanganui Regional Council [pdf, 208 KB]

   ...alleging failure to comply with the notice c) The appeal is based on an incorrect premise. The abatement notices refer to an expired consent dated 1 December 2019 and that works were required to comply with condition, standards and terms of the permitted activity rule 13.1 of the Councils plan. d) The appellant has not complied with the terms of the rule. [4] Aokautere disputed the contention that the appeal against the abatement notices was filed out of time. The basis of the par...

2. Edwards v Capital and Coast DHB (Strike-Out Application) [2016] NZHRRT 20 [pdf, 144 KB]

   ...the first plaintiff requests, during the course of an investigation by the Commissioner, that there be added to her complaint, complaints made by third parties. [50] There are two principal legal issues. The first is identifying who the statute permits to make a complaint to the Privacy Commissioner and who in turn, is permitted to bring proceedings before the Tribunal. The second is the process rights of the person complained against. Complaints, complainants and persons aggrieved...

3. Heta - Taiharuru 4C3B (2015) 99 Taitokerau MB 164 (99 TTK 164) [pdf, 157 KB]

   ...that if the section subject to the mortgage is ever sold by mortgagee sale or otherwise the whānau trust must transfer its interests in all other sections to the aggregate owners. The underlying principle is that each of the whānau trusts is permitted to mortgage the land and thereby place the land at risk, but if the worst happens and the land is sold, that whānau trust must relinquish its interests in the balance sections. [5] In accordance with my earlier preliminary determ...

4. ENVC Hearing 6Oct14 WML rebuttal Maxwell Dunn [pdf, 5.2 MB]

   ...effects from copper based antifoulant paints on water and sediment quality and some biota as being of a ‘more than minor’ nature. I have received advice from WML’s legal Counsel that the boats within the marina do not require a coastal permit for occupation (under Section 12 of the RMA) and as such the effects boats may cause while berthed in the marina cannot be controlled through consent conditions. I am further advised by WML’s legal counsel that any release of anti...

5. Te Manutukutuku Issue 21 [pdf, 2.6 MB]

   ...shareholders. The claimants say that the dams, and the operation of them, could be important in reaching a settlement with the Crown should their wider claim of ownership of the rivers be upheld. But if the dams were to pass from Crown ownership as permitted by the Act, the claimants' ability to negotiate a settlement involving ownership of the dams, payment for water rights or electricity gener­ ated would be negated. The tribunal report said that because of the urgent nature...

6. Environment Court annual report 2003 [pdf, 162 KB]

   ...impact on the Court and how the Registry carries out its business. This Act will have come into full force by the time of the publishing of this report (from 1 August 2003). Changes include: • Providing flexibility regarding the application of the permitted baseline in assessing the effects of activities for resource consents. • Need for consideration whether a person (not otherwise qualified to become a party to proceedings before the Court) has a greater interest than that of the...

7. Lawyers-and-Conveyancers-Lawyers-Practice-Rules-Amendment-Regulations-2022FINAL.pdf [pdf, 209 KB]

   ...register, the draft Regulations now also refer to the consequences of their details being on the register i.e., the NZLS may prevent or restrict public access to a lawyer’s work details in order to protect the lawyer’s privacy or personal safety, if permitting access is likely to result in physical or mental harm to the lawyer or a person they live with. b. including a provision which sets a renewable time limit of up to the three years on the public restriction of information; and c....

8. [2010] NZEmpC 24 Tian v Hollywood Bakery (Holdings) Ltd [pdf, 31 KB]

   ...of the way the plaintiff’s representative conducted the case. [3] Mr Liu referred first to the difficulties in obtaining a statement of claim which complied with the Employment Court Regulations 2000 (the Regulations) and which would have permitted the defendant to be properly informed of the claims against it. Mr Liu set out the attendances which were required to try and clarify the plaintiff’s pleadings which, in the event, still did not produce a statement of claim in ei...

9. ENV-2017-AKL-000155 The National Trading Company of New Zealand Limited v Auckland Council [pdf, 537 KB]

   ...Tawhia Drive and from Te Oranui Way. Te Oranui Way is one of the four existing arms of the roundabout intersection of Fred Taylor Drive and Don Buck Road (“Roundabout”). (c) The Supermarket was established pursuant to LUC-2012-1109 and Permit 410526 (“Consents”). The Consents were granted in reliance on the roading layout shown in Plan Change 15 to the Auckland Council District Plan (Waitakere Section) and the Massey North Urban 3 DS-010469-76-399-V4 Concept...

10. Dassanayake v Manukau City Council [2010] NZWHT Auckland 18 [pdf, 96 KB]

    ...claim is the subject of: a) ... b) Proceedings initiated by the claimant...by way of: (i) Proceedings in a Court or Disputes Tribunal; or (ii) ...” [12] Council submits that it is clear from section 60(5) that the claimants were not permitted to file the claim for adjudication in this matter. Furthermore, the claimants failed to notify the Tribunal or the parties that District Court proceedings had already been commenced. [13] Council further submits that having pro...