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1. ENVC Hearing 6Oct14 AT evidence chief Appendix A 2012 bylaw [pdf, 208 KB]

   ...engine braking on any road in contravention of a prohibition or restriction made by Auckland Transport. 17 Unformed legal roads (1) Auckland Transport may by resolution restrict the use of motor vehicles on unformed legal roads for the purposes of protecting the environment, the road and adjoining land, and the safety of road users. (2) A person must not use a motor vehicle on an unformed road contrary to a restriction made by Auckland Transport. Part 3 Parking 18 Stopping,...

2. Gillard v CAC 20003 [2014] NZREADT 4 [pdf, 132 KB]

   ...with them. They wished to be able to participate in a multi-offer and said that the licensee may have achieved a better price for his client. [12] The Committee found a breach of Rules 5.1 and 6.2 of the Real Estate Agents Act (Client Conduct and Care) Rules 2009. [13] Rule 5.1 reads: “A licensee must exercise skill, care, competence, and diligence at all times when carrying out real estate agency work.” Rule 6.2 reads: “A licensee must act in good faith and deal fairly w...

3. [2021] NZEmpC 113 Waitoa v The Chief Executive of the Ministry of Social Development [pdf, 231 KB]

   ...was arrested for trespass and forcibly removed from the premises and into the Police car. MSD conducts employment investigation [27] In the days after the sit-in, Mrs Banaghan, who was then the General Manager, Residential, High Needs and Care Services, learnt of the incident. She was the decision-maker in relation to any decisions to be made regarding Mrs Waitoa arising out of the sit-in. The Manager Operational Support, Residential and High Needs was tasked to undertake...

4. [2017] NZEnvC 182 The Rise Ltd v Kaipara District Council [pdf, 3.9 MB]

   ...the performance standards will not be met). Such activities include renewable energy generation facilities, network utilities infrastructure and mineral extraction and processing activities. [20] The Mangawhai Harbour Overlay was established to protect the cultural, heritage, landscape and ecological values of the Mangawhai area. The Mangawhai Structure Plan was adopted in 2005. It anticipated growth and further subdivision, including rural­ residential development, in the Mangawhai...

5. 2021-03-23 OWRUG opening subs [pdf, 311 KB]

   ...contravention of the obligation to begin implementing the NPS FM 2020 as soon as reasonably practicable. 12. All the policy making in the world will not save the non-migratory galaxiids of Otago if the permits held to take water are not designed to protect them. It is the Otago Regional Council’s position, or so it seems, that doing nothing to that end in Otago for at least six years is an acceptable outcome. OWRUG does not agree with that proposition, because they say that w...

6. [2018] NZEnvC 021 Te Tumu Kaituna 14 Trust v Tauranga City Council [pdf, 8.2 MB]

   ...system providing opportunities and integrated links for both public and private transportation modes; (c) Demand management is considered in planning, design and transport investment decisions; (d) Existing and future transport corridors defined and protected; and (e) Integrated transport packages for funding are developed. The s32 report says in relation to this policy: The plan change does not promote any change in the basic urban layout of the new suburb. The roading layout will...

7. BORA Ngai Tāmanuhiri Claims Settlement Bill [pdf, 281 KB]

   ...culturally significant matters are provided to Ngāi Tamanuhiri by the Bill. These include participation in resource management and related decision-making affecting the areas with which Ngāi Tamanuhiri have a special association, and right of access to protected sites within Whareata Forest. Issue under sections 20 and 27(2) 3. The Bill provides in clause 13 that the settlement of the historical claims is final and excludes the jurisdiction of the courts, Tribunals or other judicial...

8. BORA Ngāti Haua Claims Settlement Bill [pdf, 284 KB]

   ...with the taonga tuturu protocol issued under Part 2 of the Bill. 9. We have considered whether these clauses limit the right to bring civil proceedings against the Crown affirmed by section 27(3) of the Bill of Rights Act. However, section 27(3) protects only procedural rights[3] while clause 25(3) affects the substantive law. Accordingly, no inconsistency arises. Discrimination – Section 19 10. The Bill does not prima facie limit the right to freedom from discrimination affirmed...

9. BORA Accounting Infrastructure Reform Bill [pdf, 214 KB]

   ...of association". It recognises people’s freedom to enter into consensual arrangements with others, and to promote their common interests and the objectives of the associating group. The right also extends to the right not to associate, and protects the right of individuals to decide freely whether they wish to associate with others. 6.Clause 46, new s 7A, provides that NZICA may make rules stating that a person may be a member of NZICA only if the person is also a member of �...

10. BORA Central North Island Forests Land Collective Settlement Bill [pdf, 274 KB]

    ...claims, the deed of settlement or the Bill itself. 4. That exclusion may constitute a limit on the right to seek judicial review affirmed by s 27(2) of the Bill of Rights Act, which provides: "Every person whose rights, obligations or interests protected or recognised by law have been affected by a determination of any tribunal or other public authority has the right to apply, in accordance with law, for judicial review of that determination." 5. The term "determination...