Search Results

1. [2023] NZEnvC 011 Airbnb Australia PTY Limited v Queenstown Lakes District Council [pdf, 15 MB]

   ...network. Activity Sensitive To Aircraft Noise (ASAN) / Activity Sensitive to Road Noise Means any residential activity, visitor accommodation activity, residential visitor accommodation activity, homestay activity, community activity and day care facility activity as defined in this District Plan including all outdoor spaces associated with any education activity, but excludes activity in police stations, fire stations, courthouses, probation and detention centres, government and lo...

2. OIA-110144.pdf [pdf, 5.5 MB]

   ...response would be sent to you no later than 9 April 2024. We have excluded all purely administrative correspondence from the scope of your request. Some information has been withheld under the following provisions of the Act: • section 9(2)(a) to protect privacy of natural persons. • section 9(2)(f)(iv) to maintain the constitutional conventions that protect confidentiality of advice tendered by Ministers and officials. • section 9(2)(g)(i) to maintain the effective conduct of publ...

3. OX v XX Standards Committee LCRO 180/2015 (4 October 2016) [pdf, 456 KB]

   ...acknowledgement about that was recorded in his initial response to the enquiry. 12 [42] As to the “appropriate test” concerning Mr OX accepting the legal aid assignment, counsel submits the test is objective, and a subjective test: would fail to protect the public and would mean that a lawyer could do whatever was appropriate on his or her own view of the matter. [43] Counsel submits the Committee applied the correct standard, s 12(a) of the Act, which relates to the stan...

4. Parata v Lake - Ngarara West B3B (2004) 144 Aotea MB 105 (144 AOT 105) [pdf, 557 KB]

   ...i11junction made by the Court under this section that is not expressed to be of interim effect only shall be offinal eflect. Case La'w It is settled ia\~l that an interlocutory injunction is a discretionary remedy vvhich filay be granted to protect a plaintiff froll1 injury to its legal or equitable rigr...ts resulting from delay beh;veen the filing of a olaiul and trial for \vhich dalnages are not an adequate rernedy. One of the principal authorities for this proposition is the \N...

5. Auckland Standards Committee v Holland [2014] NZLCDT 13 [pdf, 138 KB]

   ...decisions of Bolton,1 Dorbu2 and Hart.3 [11] All of these decisions refer to the need for absolute integrity and trustworthiness in legal practitioners. We are also reminded that the purpose of penalties in a disciplinary context is primarily the protection of the public and the upholding of professional standards and the reputation of the profession. That said it is recognised that there is usually a punitive effect on the offending practitioner.

6. BORA Commerce Amendment Bill [pdf, 418 KB]

   ...otherwise. 20. There are two limbs to the section 21 right. First, section 21 is applicable only in respect of those activities that constitute a "search or seizure". Secondly, where certain actions do constitute a search or seizure, section 21 protects only against those searches or seizures that are "unreasonable" in the circumstances. 21. A number of provisions of the Bill already canvassed confer powers of search and seizure that also require scrutiny for complia...

7. BORA Patents Bill [pdf, 317 KB]

   ...the Bill of Rights Act. PURPOSE 4. The purpose of this Bill is to update New Zealand’s patent regime to ensure that it continues to provide an appropriate balance between providing adequate incentives for innovation and technology transfer and protecting the interests of the public and the interests of Māori in their traditional knowledge and in indigenous plants and animals. It also updates the regulatory regime for patents attorneys. If passed, the Patents Bill will replace the Pa...

8. Complaints Assessment Committee 403 v Zhang [2018] NZREADT 53 [pdf, 179 KB]

   ...independent valuation of the property, and [c] retaining the share of commission paid to him in respect of the sale of the property, and thereby breaching rr 5.1, 6.1, 6.3, and 9.1 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”). [8] Mr Zhang admitted that he failed to comply with ss 134 and 135, and breached provisions of the Rules, but submitted that his conduct amounted to unsatisfactory conduct, not misconduct. Senten...

9. BORA Maritime Powers Extension Bill [pdf, 295 KB]

   ...s 21 (unreasonable search and seizure) and s 22 (liberty of the person) affirmed in the Bill of Rights Act. These rights are fundamentally concerned with fairness, individual autonomy, privacy, and dignity. Any limitation on these rights requires careful scrutiny. 5. We have taken into account the international context within which these powers are being exercised and the legislative safeguards put in place around their use. 6. We conclude that the Bill is consistent with the rights an...

10. [2017] NZEnvC 210 Doctors Flat Vineyard Ltd and Rubicon Hall Road Ltd v Central Otago District Council [pdf, 1.9 MB]

    ...although he conceded in cross-examination that the rezoning resulting from the Dennison submissions did not reflect the best productive use of the land.6 The court agreed that the best productive land was in fact the higher terrace, which is to be protected by the 25 year covenant now offered and accepted by the court. [8J 2 3 4 5 6 The evidence of Mr Murray that a winery building could be established as of [2017] NZEnvC 193. Applicalion for costs, daled 22 November 20...