Search Results

1. [2018] NZEnvC 023 Royal Forest Bird Protection Society of NZ Inc v Northland Regional Council [pdf, 4.2 MB]

   ...measure that might be discovered in the future, while nevertheless accepting that at the present time the outlook for infected trees is bleak. Use of the Biosecurity Act [20] Councils in the upper North Island are faced with this issue. There is an appeal .on the subject against the proposed Thames-Coromandel district plan, which is part heard before the Environment Court. Other councils, such as Auckland, appear to be taking alternative approaches. We commend the Northland Regional...

2. PSPLA - Form E: Company Officer form [pdf, 282 KB]

   ...under section 65 of the Land Transport Act 1998, or an earlier equivalent provision?  Yes  No Have you ever been ordered by a court to be imprisoned following conviction for an offence and that conviction or order has not been quashed on appeal?  Yes  No In the last 7 years, have you ever been convicted by a New Zealand court of an offence under the Private Security Personnel and Private Investigators Act 2010 or Private Investigators and Security Guards Act 1974 for worki...

3. BORA Vulnerable Children Bill [pdf, 307 KB]

   ...offence, contrary to s 26(2). 7. These questions turn upon whether the prohibitions amount to a criminal penalty. That issue has been canvassed in respect of the provision for Extended Supervision Orders in the Parole Act 2002 both in the Court of Appeal decision in Belcher, above, and in reports under s 7 by successive Attorneys-General.3 As noted both in Belcher and by the Attorney- General, some other jurisdictions have taken a more restrictive view of the scope of penalty, but the p...

4. Top Energy Ltd - Whakataha Z1C (2015) 104 Taitokerau MB 108 (104 TTK 108) [pdf, 243 KB]

   ...non-access easements, such as the present electricity easements. I addressed the Act’s approach to this issue in light of its lack of express guidance in Smith - Ohuirua No.2. 5 My approach was upheld by the Māori Appellate Court in the subsequent appeal. 6 [49] Nevertheless, Mr Mathias submitted that the Smith decisions should not be followed, were not correct, were obiter and, if not obiter, were determined per incurium (through want of care or ignorance) as there was no r...

5. [2014] NZEmpC 216 Scarborough v Micron Security Products Ltd interlocutory [pdf, 72 KB]

   ...Ms Scarborough’s challenge to the determination of the Authority there is no basis upon which the Court could undertake a judicial review. The Act is specific as to the entitlement of the Court to judicially review the Authority. Even if an appeal by way of a challenge were not pending and even if Ms Scarborough had adopted required procedures, which she has not, there is nothing set out by her to bring the matter within the very narrow grounds of lack of jurisdiction entitling th...

6. [2016] NZEmpC 2 Northern Amalgamated Workers Union of NZ v Golden Bay Cement [pdf, 205 KB]

   ...22. 27 New Zealand Meat Workers and Related Trades Union v Taylor Preston Ltd, above note 22. 28 New Zealand Meat Workers and Related Trades Union v Taylor Preston Ltd, above note 22. [41] Taylor Preston unsuccessfully sought leave to appeal on a question of law, namely, as Ms Muir expressed it, "whether the preference was unlawful if the employer's subjective reason did not involve favouring non-union members." On this issue, the Court of Appeal stated:...

7. Merito - The Moutoki, Tokata and Rurima Islands (2011) 34 Waiariki MB 176 (34 WAR 176) [pdf, 103 KB]

   ...opportunity to discuss this application with the Registrar and Court staff. The Deputy Registrar responsible for the project confirmed that the owners and their representatives are entitled to notice, to be heard and to pursue the remedies of rehearing, appeal and review. [8] The current application concerns a review of trust that began in 2003. Since then I have issued two reserved judgments on 30 April 2004 and 23 December 2005 dealing with, inter alia, the appointment of new an...

8. FFNZ - EiC - L Hume - Agricultural Science (5 Feb 2021) [pdf, 135 KB]

   ...Currently, I am a member of Federated Farmers’ regional policy team and have 16 years of experience working with regional planning processes, including the Canterbury Natural Resources Regional Plan (from submission through to resolution of High Court appeals); development of the Resource Management (Measurement and Reporting of Water Takes) Regulations 2010 and membership of the implementation taskforce for those regulations; the development of catchment-based flow and allocation...

9. LCRO 133/2017 AD v BE (18 September 2019) [pdf, 349 KB]

   ...court. (d) Mr AD lied when he said the documents had been filed in court. (e) Mr AD was not instructed to inform the court that the parties would negotiate a settlement. (f) After [EJP] had been liquidated, Mr AD said that there was a chance to appeal that decision and that he could “win this case because we have enough evidence”. Standards Committee requests further information 2 February 2017 [24] On 2 February 2017 the Committee requested further information from Mr AD...

10. Motiti Avocados Limited Submissions - 5 December 2017 [pdf, 148 KB]

    IN THE ENVIRONMENT'COURT AT AUCKLAND ENV-2016-348-040 IN THE MATTER of the Resource Management Act 1991 (the Act) AND IN THE MATTER of appeals pursuant to clause 14 of the First Schedule to the Act BETWEEN MOTITI ROHE MOANA TRUST (ENV-2015-AKL-134) NGATI MAKINO HERITAGE TRUST (ENV-2015-AKL-140) NGATI RANGINUI IWI INCORPORATED SOCIETY (ENV-2015-AKL-141) Appellants A N D BAY OF PLENTY REGIONAL COUNCIL Respondent AND Various Section 274 parties SUBMISSIONS ON...