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1. Albert – Lake Waikaremoana (2013) 74 Waiariki MB 276 (74 WAR 276) [pdf, 104 KB]

   ...agent, of rent, purchase money, royalties, or other proceeds of the alienation of land, or of any compensation payable in respect of other revenue derived from the land, affected by any order to which an application under section 45 of this Act or an appeal under Part2 of this Act relates. (2) Notwithstanding anything in the Crown Proceedings Act, any injunction made by the Court under this section may be expressed to be binding on the Maori Trustee. (3) Any injunction made by the Cou...

2. Hall v Auckland Council [2012] NZWHT Auckland 23 [pdf, 53 KB]

   ...7 Holland & Ors as Trustees of the Harbourview Trust v Auckland City Council WHT TRI- 2009-100-00008, 17 December 2009. 4 At adjudication the claim against the architect failed but the Tribunal declined his application for costs. On appeal the District Court held that the Tribunal was wrong to conclude that the threshold for an award of costs under s91(1)(b) had not been met because the claimant failed to offer the necessary evidence of causation at hearing.8 G...

3. BORA Crimes Amendment Bill [pdf, 361 KB]

   ...recent decision Ministry of Health v Atkinson HC Auckland CIV-20101-404-287, 17 December 2010 the Court did not accept that discriminatory impact of this kind was required to establish a prima facie breach of s 19. The Crown has been granted leave to appeal the decision. The Supreme Court of Canada in Withler v Canada (Attorney-General) (2011) SCC 12 has recently reaffirmed that discrimination only arises where, taking account of the full context the actual impact of the measure, there...

4. BORA Statutes Amendment Bill [pdf, 382 KB]

   ...to exercise or perform the powers, functions, and duties of an accredited person to a satisfactory standard; or d. has been convicted of an offence against section 32(fa) of the Act. 9. Secondly, persons who have their accreditation suspended may appeal to the District Court during the suspension period, or within such further time as a Judge may allow on application made before or after the expiration of that period (under section 30F of the Act). We also note that the suspension is te...

5. BORA Electoral (Administration) Amendment Bill [pdf, 287 KB]

   ...provisions limit s 12(b) right 6. The United Nations Human Rights Committee has considered restrictions of this kind as limitation on the parallel right under the International Covenant on Civil and Political Rights.[1] However, the Ontario Court of Appeal has suggested that a requirement to resign from employment is not a “coercive burden” that limits the parallel right under the Canadian Charter of Rights and Freedoms.[2] 7. In light of the financial burden of not receiving remu...

6. PSPLA - Individual licence disqualification criteria [pdf, 367 KB]

   ...equivalent provision? Yes No Page 2 For more information visit www.pspla.govt.nz PSPLA 02/15 - S Z 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 or appealed? 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 w...

7. BA v ZU LCRO 65/2014 (13 May 2014) [pdf, 29 KB]

   ...would be considerable obstacles to an argument that the jurisdiction of this office to receive an application out of time was in any way enlarged by some failure to explain on the part of staff of the Office. As Judge Barber observed in Customs Appeal Authority No. 29/98 (1999) 1 NZCC 51, 128, the jurisdiction of a Tribunal cannot be extended by the conduct or omissions of its staff. [14] A copy of the committee’s decision, when sent as required under s 198, in the absence of p...

8. [2018] NZEmpC 23 Propellor Property Investments Ltd v Elsegood [pdf, 135 KB]

   ...discretion under s 180 there are seven considerations that have been accepted as applicable to a greater or lesser extent in a particular case. While not comprehensive, the list is:3 • if no stay is granted, whether the applicant’s right of appeal (or challenge) will be ineffectual; • whether the challenge is brought and prosecuted for good reasons, and in good faith; • whether the successful party at first instance will be affected injuriously by a stay; • the ef...

9. BORA Accident Compensation Amendment Bill [pdf, 196 KB]

   ...regulation-making power in relation to levies, to allow regulations to specify the maximum amounts or deemed minimum amounts of earnings for levy purposes, or the methods for calculating those amounts; and f. disestablishes the Accident Compensation Appeal Authority, which hears cases under the 1972 and 1982 Accident Compensation Acts. Consistency of the Bill with the Bill of Rights Act Section 19(1) – freedom from discrimination 5. Section 19(1) of the New Zealand Bill of Rig...

10. [2021] NZEnvC 044 Federated Farmers of New Zealand Incorporated v Bay of Plenty Regional Council [pdf, 729 KB]

    \ BEFORE THE ENVIRONMENT COURT I MUA I TE KOTI TAIAO O AOTEAROA IN THE MATTER AND BETWEEN AND AND AND AND BO PRC Plan Change 10 - Lake Rotorua Decision No. [2021] NZEnvC 044 of the Resource Management Act 1991 of three appeals under clause 14 of Schedule 1 to the Act FEDERATED FARMERS OF NEW ZEALAND INCORPORATED (ENV-2017-AKL-146) CNI IWJ .LAND MANAGEMENT LIMITED (ENV-2017-AKL-148) MAORI TRUSTEE (ENV-2017-AKL-149) Appellants BAY OF PLENTY REGIONAL COU...