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1. [2022] NZEnvC 203 Hadley v Waterfall Park Developments Limited [pdf, 203 KB]

   ...party to proceedings before it to pay to any other party the costs and expenses incurred by the other party that the court considers reasonable. This confers a broad discretion.6 However, the High Court in Environmental Protection Authority v BW Offshore Singapore Pte Ltd (‘BW Offshore’) highlighted the importance of not being inconsistent, when exercising the discretion, with well-established principles.7 In particular, as part of a wider civil justice system, the court shou...

2. BORA Overseas Investment (Restriction on Foreign Ownership of Land) Amendment Bill [pdf, 274 KB]

   ...Act (freedom from discrimination). Our analysis is set out below. PURPOSE OF THE BILL 3. The purpose of the Overseas Investment Act 2005 (“the Act”) was to control and restrict ownership of sensitive New Zealand land by persons who are based offshore and whose connection with New Zealand is tenuous. Sensitive land is defined in the Act, and includes certain non-urban land, land with historical significance and land held for conservation purposes. 4. The Bill amends the Act to pre...

3. BORA Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Bill [pdf, 287 KB]

   ...and provide up-to-date contact details to Inland Revenue under provisions in Australian legislation that authorise the release of information for this purpose. 7. The Bill also proposes to impose the new RLWT when New Zealand land is sold by an offshore vendor. This is proposed to be payable in the same circumstances as bright-line residential income – if the sale of property occurs less than two years after its acquisition. There are exemptions for disposals of inherited property,...

4. Quick Reference Guide Filing Court documents v2.0 Feb21 [pdf, 339 KB]

   ...staff can access the documents for the purposes of the hearing. Those documents may include documents filed for the purpose of the hearing, and other relevant documents already on the court file. What if I don’t want my court documents stored offshore? You can object to the storing of your court information offshore. If you object, please contact the court to advise the court registry at the time of filing or at the earliest opportunity before a hearing is scheduled. Provide...

5. [2007] NZEmpC CC 4/07 Monaco Village Management Ltd v Benson [pdf, 18 KB]

   ...contacted the company’s address for service, a firm of accountants. On 6 October 2006 that firm advised that it merely acts as the registered office of the company which had ceased trading and has no assets. The remaining director has gone offshore to either Fiji or Australia but no one seemed to know exactly the whereabouts of this person. It also had no instructions in the matter. [6] In January 2007 the defendant filed an application for the plaintiff’s challenge and the...

6. Foreign Affairs (Consular Loans) Amendment Bill [pdf, 175 KB]

   ...2020 to lend money under the Public Finance Act. Consistency of the Bill with the Bill of Rights Act Application of the Bill of Rights Act 7. As a starting point, we have considered whether the Bill of Rights Act applies to individuals who are offshore, in relation to government decisions made by actors based in New Zealand. The law governing the extent to which the Bill of Rights Act has extraterritorial application in relation to individuals who are offshore is unsettled. In the...

7. Sampling

   ...were selected with probability proportional to size. Target population Total usually resident, non-institutionalised, civilian population of New Zealand aged 15 years and over. Sampled areas North Island, South Island and Waiheke Island. Areas excluded Offshore islands other than Waiheke Island. PSUs containing fewer than nine dwellings were also excluded. Dwellings included Permanent, private dwellings. Dwellings excluded Temporary private dwellings. Non-private dwellings. Eligible respo...

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8. [2020] NZSSAA 16 (30 July 2020) [pdf, 172 KB]

   ...[4.3] The Ministry addressed s 70 (of the Social Security Act 1964 that applied at the time) in its report to the Benefits Review Committee, noted it allowed a discretion to delay making deductions from New Zealand Superannuation when there is an offshore pension. [4.4] Considering s 70, including the discretion in s 70(2) is an intrinsic part of a case like XXXX’s appeal. [4.5] The Ministry would oppose the exercise of the discretion in s 70(2) in XXXX’s favour, if the Aut...

9. [2021] NZEnvC 195 Canyon Vineyard Limited v Central Otago District Council [pdf, 913 KB]

   ...costs are awarded at all. This would normally be the position in relation to plan appeals under Schedule 1 or in cases where some aspect of the public interest counts against an award of costs being made. Environmental Protection Authority v BW Offshore Singapore Pte Ltd12 [16] After Bendigo's application was lodged with the court, the court became aware of a High Court decision of Environmental Protection Attthoriry v BW Offi'hore Singapore Pte Ltd ('Btf7 Offshore)...

10. [2022] NZEnvC 232 Taranaki Energy Watch Incorporated v Taranaki Regional Council [pdf, 547 KB]

    ...authorised disposal. Activity Rule Coastal management area Classification Standards/terms/conditions Matters of cControl/discretionnotification (32) (61) Policy reference Drilling of an eExploration or appraisal well drilling by an offshore installation or drilling ship, or directional drilling by a land based drilling rig, and placement of a well structure in, on, under or over the foreshore or seabed and any associated: (a) repair, alteration, extension and ab...