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1. [2023] NZEnvC 086 Bay of Islands Maritime Park Incorporated v Northland Regional Council [pdf, 4 MB]

   Topic 14: Marine Protected Areas IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2023] NZEnvC 086 IN THE MATTER OF appeal under clause 14 of the First Schedule of the Resource Management Act 1991 BETWEEN BAY OF ISLANDS MARITIME PARK INCORPORATED (ENV-2019-AKL-117) ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV-2019-AKL-127) Appellants AND NORTHLAND REGIONAL COUNCIL Respondent Cou...

2. [2022] NZIACDT 26 — DA v Ji (8 November 2022) [pdf, 121 KB]

   ...immigration advice, and to enhance the reputation of New Zealand as a migration destination, by providing for the regulation of persons who give immigration advice. [20] The focus of professional disciplinary proceedings is not punishment, but the protection of the public:3 …It is well established that professional disciplinary proceedings are civil and not criminal in nature. That is because the purpose of statutory disciplinary proceedings for various occupations is not to punish...

3. BW v YD Ltd [2014] NZDT 693 (6 May 2014) [pdf, 80 KB]

   ...clause will need to be interpreted in accordance with its tenor. I find that a reasonable interpretation is that YD Limited is not liable for rent if there is no tenant or the tenant does not pay or damages the property. I do not accept that it would protect YD Limited if the landlord does not receive rent or property damage occurs by YD Limited not performing its obligations under the contract. [10] Here a termination notice was given by YD Limited. It was not followed up on expiry....

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

   ...and related conduct; and • Clauses 104-107 and 114 provide a presumption that, where a person has been convicted of murder, manslaughter or infanticide of a child in his or her custody or where a child has been removed from custody for reasons of care or protection without prospect of return, any other child is to be removed from that person’s custody. The presumption may be rebutted by the person showing him- or herself to be safe to parent. 2.2 Each of the prohibitions that appl...

5. 5.3 Youth Court

   ...section 438(3) of the Oranga Tamariki Act which are prohibited from publication. You may not publish, nor does a judge have the discretion to allow you to publish: the name of the young person the names of the parents or guardians or any person having care of the young person the name of any school the young person is, or was, attending any other name or particulars likely to lead to the identification of the young person or of any school that the young person is, or was, attending other infor...

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6. BORA Property Law Bill [pdf, 344 KB]

   ...when young people are presumed to be sufficiently mature to execute a deed, appoint an attorney or act as an attorney to those 18 years and over, is a justifiable limitation on the rights of persons under 18 to be free from discrimination. This limit protects those under 18 who may not have sufficient maturity and capacity to understand the significance of these actions, in particular the obligations and liabilities one is subject to when acting as an attorney. 7. Further, this limit is...

7. BORA Geographical Indications (Wine and Spirits) Registration Bill [pdf, 177 KB]

   ...understand that the Bill will be considered by the Cabinet Legislation Committee at its meeting on Thursday, 9 June 2005. 2. The Bill repeals and replaces the Geographical Indications Act 1994 (the “Act”), which was passed to provide the requisite protection under the Trade- Related Aspects of Intellectual Property Rights (the TRIPS Agreement) for geographical indications for wines and spirits. However, this Act was never brought into force because it was premised on the establis...

8. 2023 NZPSPLA 085.pdf [pdf, 76 KB]

   ...gave leave to the police to apply to suspend Mr AB’s certificate if he was charged with any further drink driving related charges or other alcohol fuelled offending. [3] Police advise that on 30 October Mr AB was convicted of contravening a protection order, dangerous driving and his fourth drink driving related offence. He was sentenced among other things to one year’s intensive supervision and disqualified from driving under s 65 of the Land Transport Act. This sentence is a gr...

9. [2019] NZEnvC 076 Minister for Children v Auckland Council [pdf, 809 KB]

   ...[ TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2019] NZEnvC 7 0 of the Resource Management Act 1991 of a direct referral of a notice of requirement by the Minister for Children to alter designation 3800 'Care and Protection Residential Centre - Upper North' in the Auckland Unitary Plan NiINISTER FOR CHILDREN Applicant (ENV-2019-AKL-000007) AUCKLAND COUNCIL Regulatory Authority Court: Principal Environment Judge L J Newhook sitting...

10. BORA Student Loan Scheme Amendment Bill [pdf, 360 KB]

    ...section 21 of the Bill of Rights Act, which provides the right to be secure against unreasonable search and seizure. In our opinion, the search powers accorded to the Commissioner are reasonable in terms of section 21. The Bill provides the following protections on the use of the search power: • the Commissioner may only search information relating to pre-selected borrowers; • the Commissioner must not search for information other than arrival and departure information, and must not...