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1. [2010] NZEmpc 98 Marshment v Sheppard Industries Ltd [pdf, 81 KB]

   ...customers with whom Mr Marshment did not deal ought not to have been included reasonably within the scope of the restraint, and even that its term was too long. But this is not an instance where the defendant has no seriously arguable case for protection. Modification of a restraint such as this under s 8 of the Illegal Contracts Act 1970 is a question for trial. Finally, the existence of an arguable case for the defendant is reinforced by Mr Marshment’s acknowledgement in the 200...

2. Reo v Reo - Whangaruru Whakaturia 1D9B1 (2015) 100 Taitokerau 156 (100 TTK 156) [pdf, 194 KB]

   ...Māori land so that the combined area of Lot 1 and part of Lot 2 would become in total, Māori land. [56] Mr Coutts also confirmed that section 304 would apply to any partition granted in this case which would have the effect of adding additional protections against alienation outside of the preferred class as the partition will be dealt with as a hapū subdivision. In addition, any future application to change status of this combined area from Māori land back to General land wo...

3. [2021] NZEnvC 160 Auckland Council [pdf, 609 KB]

   ...4. Road patterns should be logical and contribute to the legibility of and ease of wayf inding within the area (refer Diagrams 1 and 2 for generic legibility and proposed street hierarchy). 5. Subdivision layout design should achieve protection and enhancement of all signif icant streams / tributaries to be retained and their riparian corridors (20m minimum either side f rom edge of stream) and concentrate open space as part of the riparian network (refer Diagram 3)....

4. [2021] NZEnvC 160 Auckland Council [pdf, 609 KB]

   ...4. Road patterns should be logical and contribute to the legibility of and ease of wayf inding within the area (refer Diagrams 1 and 2 for generic legibility and proposed street hierarchy). 5. Subdivision layout design should achieve protection and enhancement of all signif icant streams / tributaries to be retained and their riparian corridors (20m minimum either side f rom edge of stream) and concentrate open space as part of the riparian network (refer Diagram 3)....

5. Hipango v Peehi - Atihau-Whanganui Incorporation (2008) 221 Aotea MB 152 (221 AOT 152) [pdf, 11 MB]

   221 Aotea MB 152 IN THE MAORI LAND COURT OF NEW ZEALAND AOTEA DISTRICT Hearings: UNDER AND A20070001902 Section 269(6), Te Ture Whenua Maori Act 1993 HOANI HIPANGO Applicant WHATARANGI MURPHY PEEHI, ABE HEPI, DANA BLACKBURN, DON ROBINSON, MANSON BELL, ROB ERT GREY, TONI WAHO Respondents 185 Aotea MB 195, 17 April 2007 194 Aotea MB 233, 16 October 2007 197 Aotea MB 1, 21 November 2007 199 Aotea MB 110, 30 January 2008 (Heard at Whanganui) Appearances: Ms C Batt,

6. Memorandum of Counsel for Wellington International Airport Limited (17 January 2018) [pdf, 386 KB]

   ...against associated cost and difficulty. The fact that rule compliance may involve significant cost or the allocation of significant resources does not of itself mean that compliance is “impracticable”; instead the cost and difficulty must be carefully weighed against the safety benefits to be achieved. [42] Finally, the Director noted that his view was based on the cost and other information provided to him by WIAL. If “things were to change materially” he would need to r...

7. AML phase II - Business compliance impacts [pdf, 491 KB]

   ...transactional volumes compared to Phase I businesses.  Suspicious transaction reporting by HVDs can put them potentially at increased risk of disclosure (to criminals) than is currently the case for Phase I entities or other Phase II entities. Protecting the identity of real estate agents or pawn brokers who may submit an STR that results in an investigation and prosecution may require other ‘checks and balances’ driving up costs.  Lower STR reporting assumed for P...

8. [2020] NZEnvC 103 Taranaki Energy Watch Inc v South Taranaki District Council [pdf, 1.2 MB]

   ...indigenous vegetation and habitats of indigenous fauna; (iii) Adjacent to significant waterbodies; (iv) Within and adjacent to Sites of Significance to Tangata Whenua or sites of historical or archaeological significance; (v) Within the Coastal Protection Area and Flood Hazard Area, and areas at risk of ground rupture from known active faults. (b) Ensuring adequate separation distances or other measures between significant hazardous facilities and activities sensitive to significant...

9. [2022] NZEnvC 247 Country Lifestyles Limited v Auckland Council [pdf, 441 KB]

   ...northern ridge with slopes descending at grades between 1V:6H and 1V:4H. Locally steeper grades (1V:3H to 1V:2H) descend below both ridges to the watercourse. 6. There are a number of areas of wetland and indigenous vegetation on the site that are protected by the conditions of a consent notice registered on the certificate of title. The Development Site for the retirement village is not located within these areas and adjoins parts of some of them. 7. The site is currently used for ve...

10. Phase II Anti-money laundering reforms - Business Compliance Impacts [pdf, 495 KB]

    ...transactional volumes compared to Phase I businesses.  Suspicious transaction reporting by HVDs can put them potentially at increased risk of disclosure (to criminals) than is currently the case for Phase I entities or other Phase II entities. Protecting the identity of real estate agents or pawn brokers who may submit an STR that results in an investigation and prosecution may require other ‘checks and balances’ driving up costs.  Lower STR reporting assumed for P...