Search Results

1. [2021] NZEnvC 095 Auckland Council v Waiwera Heights Country Club Limited [pdf, 513 KB]

   ...in the period through 2016 2021 then the need to ensure the orders apply to any successors would not have arisen. 1 IV'aiwera Heights Country Club Limited v Auckland Council [2021] NZEnvC 66. 2 Tasman District Council v Douglas [2010] NZEnvC 101 at [17]. 3 [7] The Council referred to McMaho!l v Southland Regional Cou!lcil in which the Court commented:3 ... the costs of [enforcement proceedings] should not fall as a burden on the ratepayers of the region where there is no ac...

2. BORA Trans-Pacific Partnership Agreement Amendment Bill [pdf, 187 KB]

   ...concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act. Jeff Orr Chief Legal Counsel Office of Legal Counsel 6 Hamed v R [2011] NZSC 101, [2012] 2 NZLR 305 at [162]

3. [2019] NZEnvC 130 New Zealand Association of Radio Transmitters Incorporated v Kapiti Coast District Council [pdf, 4.9 MB]

   ...avoidance area; c) a river corridor, stream corridor or overflow path; d) an Open Space (conservation and scenic) Zone; e) an outstanding natural feature and landscape; f) an ecological site; or g) historic heritage feature identified in Schedule 10.1 - Historic Heritag~e_. ____ _ I j

4. ONC v MDT [2012] NZIACDT 29 (18 June 2012) [pdf, 74 KB]

   ...breakdown of the USD4,000 Mr ONC had paid to the agent. The fee is said to cover airfares, various government fees, and the agent’s fee. [10] Mr MDT provided material with the second letter that documented the work undertaken, which included: [10.1] A copy of an agreement for the provision of professional services dated 3 May 2008, which appeared to be signed by both Mr MDT and Mr ONC. The agreement contained a schedule of fees, totalling USD3,200, and set out a description of the s...

5. 1982 Official Information Act charging guidelines [pdf, 28 KB]

   ...Section 16 which enables the holder to provide information in a manner other than that requested where compliance with the requester’s preferred method of disclosure would “impair efficient administration”. 10. REVIEW OF DECISIONS ON CHARGES 10.1 Section 28(l)(b) of the Official Information Act 1982 provides that the Ombudsman may investigate and review any decision on the charge to be paid in respect of a request for access to official information. When informing applicants of charges...

6. Tawera - Waitangi A1A2 and Waiaranga A2C (2001) 60 Ruatōria 135 (60 RUA 135) [pdf, 291 KB]

   ...2 March 1987 (24 Rua 195- 197) under section 438 of the Maori Affairs Act 1953. The Waitangi A1A2 Trust, which was vested in 5 trustees, was established after two Court sittings on 27 May 1996 and then 5 August 1996 (44 Rua MS 247-256 and 45 Rua MS 101). On 26 October 1996, at a meeting of owners, a resolution was carried by a majority of owners to place Waiaranga A2C under the administration of the Waitangi A 1 A2 Trust. An application was made to the Court on 29 October 1996 to vary the...

7. SB v MT LCRO 30 / 2011 (23 October 2012) [pdf, 81 KB]

   ...Zealand Law Society, seeking repayment of that sum plus his legal costs. [5] The Standards Committee identified the complaints as alleging overcharging (LCC Rule 9), use of legal processes inappropriately (LCC Rule 2.3) and discourtesy (LCC Rule 10.1). [6] Although the Committee did not uphold the complaints (referring to pre-1 August 2008 conduct that did not reach the section 351 threshold and there being no ‘special circumstances’ in this matter to raise its jurisdicti...

8. People discharged without conviction June 2021 [xlsx, 89 KB]

   ...Waikato Hamilton 67 90 67 59 73 57 89 93 91 122 Waikato Huntly 3 5 4 6 12 8 3 5 5 8 Waikato Morrinsville 0 8 4 2 9 5 1 2 4 7 Waikato Te Awamutu 4 5 3 1 3 2 10 3 9 11 Waikato Te Kūiti 2 0 1 1 0 0 2 1 3 3 Waikato Thames 6 5 12 15 4 5 5 5 8 16 Waikato Justice service area total 82 113 91 84 101 77 110 109 120 167 Bay of Plenty Ōpōtiki 9 3 10 6 15 4 13 12 3 6 Bay of Plenty Tauranga 62 56 57 50 68 60 54 67 48 57 Bay of Plenty Waihī 3 12 3 5 3 2 5 6 1 5 Bay of Plenty Whakatāne 21 27 2...

9. R v D LCRO 56 / 2009 (19 June 2009) [pdf, 17 KB]

   ...the substance of Complainant R’s mother’s complaint. [17] In considering this complaint in terms of the standard imposed by the new Rules, the question is whether Lawyer D failed to meet the professional standard envisaged by the Rule 10.1 in particular in respect of his professional dealings with Mr XX. Rule 10 imposes an obligation of respect and courtesy. [18] I have taken into account that this matter involved several attempts on Mr XX’s part to communicate with...

10. Forests (Regulation of Log Traders and Forestry Advisers) Amendment Bill [pdf, 167 KB]

    ...context. 17. On this basis, we regard searches under the Bill as being reasonable, and thus not in conflict with s 21 of the Bill of Rights Act. Section 25(c) - Right to be presumed innocent until proven guilty 2 See, for example, Hamed v R [2011] NZSC 101, [2012] 2 NZLR 305 at [161] per Blanchard J. 3 Above n1 at [162]. 4 At [172]. LEGAL ADVICE LPA 01 01 24 18. Section 25(c) of the Bill of Rights Act affirms that everyone who is charged with an offence has, in relation to the determi...