Search Results

1. [2019] NZEnvC 031 West Coast Regional Council v Westland District Council [pdf, 176 KB]

   ...independent peer review both of the initial application and the further information received; (c) since 21 December written approvals have been obtained from all parties; (d) all consents applied for were granted on 21 January 2019; and (e) the appeal period expires 15 working days after the decision is received by the parties, at the earliest 12 February 2019. Discussion [7] While the court is disappointed to have before it a further application to amend the enforcement orders,...

2. [2018] NZEnvC 247 Gisborne District Council v O'Connell & de Cent [pdf, 635 KB]

   ...and the Respondents requiring the activities to cease, all of which proved to be fruitless. The Council had served parking infringement notices, resource management infringement notices and an abatement notice on Mr O'Connell, who had not appealed the abatement notice, nor contested any of the infringement notices, nor paid any of the infringement fees. A feature highlighted in Mr Dobbie's affidavit was threatening and abusive conduct on Mr O'Connell's part towards...

3. Priestly v Tawa - Tuaropaki A (2018) 191 Waiariki MB 234 (191 WAR 234) [pdf, 282 KB]

   ...3 184 Waiariki MB 220-224 (184 WAR 220-224). 4 327 Rotorua MB 180-184 (327 ROT 180-184). 5 Rameka v Hall [2013] NZCA 203; and Apatu v Puna - Owhaoko C1 [2010] Māori Appellate Court MB 34 (2010 APPEAL 34). 191 Waiariki MB 238 [17] The application for removal of Marilyn Khan as trustee of the Mokai Marae must fail as she is not a trustee of that trust. Arapiu Seymour [18] The applicants submit that Arapiu Seymour should

4. ARLA PNG 1 [pdf, 177 KB]

   ...followed in the administration of this Act or any provisions of it; or (c) any information obtained by the authority from any inquiry held by it or from any other source. (2) A statement must not relate to a matter that may be a ground for an appeal against a decision of a licensing committee. (3) In performing its functions under this Act, a licensing committee must observe every statement issued under this section. This is the first such practice direction and statement is...

5. Brodav Ltd v Waters [pdf, 28 KB]

   ...counsel). 19. Where the alleged bad faith involves public authorities or abuse of executive power the courts give a more restrictive meaning to “bad faith” by requiring an element of dishonesty be proven. As McMullin J stated in the Court of Appeal decision in Webster v Auckland Harbour Board (supra) there is generally difficulty in establishing bad faith against public authorities. (page 683) A broader interpretation is given in other situations, such as in this claim....

6. Holland & Ors as Trustees of the Harbourview Trust v Auckland City Council [2010] NZWHT Auckland 7 [pdf, 82 KB]

   Page 1 of 8 IN THE WEATHERTIGHT HOMES TRIBUNAL TRI 2009-100-000008 [2010] NZWHT AUCKLAND 7 BETWEEN JAMES HOLLAND, ALAN IVORY and YVONNE VAN DONGEN as Trustees of the HARBOURVIEW TRUST Claimant AND AUCKLAND CITY COUNCIL First Respondent AND L REEVE CONSTRUCTION LIMITED (in Liquidation) (Removed) Second Respondent AND LLOYD FREDERICK REEVE (Bankrupt therefore removed) Third Respondent AND LAUREEN EDITH REEVE Fourth Respondent AND MAX GRANT ARCHITEC

7. BORA Friendly Societies and Credit Unions (Regulatory Improvement) Amendment Bill [pdf, 224 KB]

   ...proportion to the importance of the objective. The Registrar must, by virtue of s 3 of the Bill of Rights Act, exercise their powers consistently with the right to freedom of expression. The decision of the Registrar is subject to the general rights of appeal in s 151 of the Act and is also judicially reviewable. 10. We consider that the Bill appears to be consistent with the right to freedom of expression affirmed in s 14 of the Bill of Rights Act Section 17 – Freedom of association...

8. [2017] NZEnvC 064 Mitchell Family Trust v Point Trust [pdf, 262 KB]

   ...merit on that party's side or embarking on an inquiry into the merits as that would be contrary to the objective of finality.9 [12] I also note that the amounts claimed in this case are stated to be GST inclusive. I note that the Court of Appeal has provided authoritative guidance on this. In relation to the GST component of costs and disbursements actually incurred by a party claiming costs, a GST-registered party will generally recover from the Commissioner of Inland Revenu...

9. [2019] NZEmpC 137 Independent Prosperity Ltd v Huang [pdf, 343 KB]

   ...application was based on undue hardship to the company, not concerns about an ability to recoup money paid to Ms Huang if the challenge succeeds. [23] This factor points away from granting a stay. Brought in good faith? [24] Mr Nguy submitted that the appeal was brought in good faith. He emphasised that the company had cooperated in the Authority investigation and in the timetabling for the challenge so that it can be disposed of expeditiously. [25] I accept that the challenge...

10. [2019] NZEnvC 067 Minister for Children v Auckland Council [pdf, 3.3 MB]

    ...contentious; (h) It will be more efficient in terms of cost and time for all parties and interested persons to have the NOR referred directly to the Environment Court, as the matter may come before the Environment Court in any event through an appeal of any decisions made by the Minister; (i) Given this public interest, but also the need for this particular Residence to accommodate 17-year olds by 1 July 2019, it is submitted that it is in the interests of all parties that the p...