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1. BORA Exclusive Economic Zone and Continental Shelf (Environmental Effects) Bill [pdf, 174 KB]

   ...economic zone or continental shelf where those activities may have effects on the environment and on existing interests. 4. The Bill gives effect to New Zealand’s obligations under the United Nations Convention on the Law of the Sea to manage and protect the natural resources of the EEZ. The Bill aims to achieve a balance between economic development and the protection of the environment and existing interests. It also includes a general duty for adverse effects to be avoided, remedi...

2. BORA Hurunui/Kaikōura Earthquakes Recovery Bill [pdf, 197 KB]

   ...into question in any Court. 6. Judicial review is an essential mechanism for maintaining the rule of law. The right to apply for judicial review should therefore be limited only in the rarest of situations where there is compelling reason and after careful consideration. 7. We have also taken into account the extraordinary circumstances the Bill seeks to address and the safeguards included in the Bill. 8. In our view, the justifications for the limit imposed on the right to judicial r...

3. Waikato Bay of Plenty Standards Committee v Parlane [2010] NZLCDT 26 [pdf, 110 KB]

   ...submitted that there were two themes that arose from Mr Parlane’s conduct. First, that Mr Parlane was out of control professionally, and second, that Mr Parlane had no insight into his professional failings, which reinforced the need to protect the public. [8] Mr Parlane’s conduct complained of, which was a continuing course of conduct over an extended period of months, and his views expressed to the Tribunal since, support that submission in the Tribunal’s view....

4. Legal Complaints Review Officer v Denee [2011] NZLCDT 6 [pdf, 74 KB]

   ...profession, the Courts have held that it is in the interests of the public to know about proceedings affecting a practitioner; that the Tribunal is required to consider “the extent to which publication of the proceedings would provide some degree of protection to the public or profession” and weigh this against the interests of the practitioner (and others); that the discretion is unfettered but must have regard to the principles of the legislation; and that there is a presumpti...

5. TC vs Mr & Mrs SH LCRO 234/2014 [pdf, 233 KB]

   ...to this letter on 18 December. In that letter he set out his advice that his proposals, which differed from the SH’s proposed arrangements, afforded both greater flexibility and asset protection. [34] Mr TC suggested that Mr and Mrs SH should carefully review the work he had done and the advice he had given, before proceeding with “the three existing Trusts”. He noted that he did not consider “that [he had] been mistaken in what we have reported to you”. [35] Mr TC did...

6. [2024] NZEnvC 141 Van Den Brink Group v Waikato District Council [pdf, 401 KB]

   ...Reduce the setbacks from rivers in the Commercial Zone: This option would reduce the setback distance from rivers (other than the Waikato and Waipa rivers) in the Commercial Zone from 27.5m to 23m. The preferred option is Option 2 because: (c) Careful consideration has been given to both the impacts of the setback on the ability to use and develop commercial land adjoining rivers as well as the protection of the amenity of these rivers and their surrounding environment, their water qu...

7. Director of Proceedings v Radius Residential Care Ltd [2015] NZHRRT 50 [pdf, 310 KB]

   ...HUMAN RIGHTS REVIEW TRIBUNAL [2015] NZHRRT 50 Reference No. HRRT 070/2015 UNDER SECTION 50 OF THE HEALTH AND DISABILITY COMMISSIONER ACT 1994 BETWEEN DIRECTOR OF PROCEEDINGS PLAINTIFF AND RADIUS RESIDENTIAL CARE LIMITED DEFENDANT AT WELLINGTON BEFORE: Mr RPG Haines QC, Chairperson Dr SJ Hickey MNZM, Member Mr RK Musuku, Member REPRESENTATION: Ms N Wills, Director of Proceedings Mr N Beadle and Ms M Henaghan for defendant...

8. [2019] NZEnvC 025 The Wolds Station Limited v Mackenzie District Council [pdf, 970 KB]

   ...follows (additions underlined and deletions in strikethrough): The purpose of Plan Change 13 is to insert provisions into the District Plan te ~retest tile MaskeA.i. BasiA's-eytstaA~iA~ Aat"ral laA~ssa~es-aAEl-eoolG!JY to provide greater protection of the landscape values of the Mackenzie Basin from inappropriate subdivision, development and use. B: Decision [2018] NZEnvC 240 otherwise remains unchanged. REASONS PC13 - Erratum 2 Introduction [1] On 18 December...

9. AN v TC LCRO 381/2013 (4 August 2015) [pdf, 88 KB]

   ...Disciplinary Tribunal or the Court to become engaged in a consideration of, or take into account subjective consideration of the personal circumstances or knowledge of the particular practitioner. The purpose of the disciplinary procedure is the protection of the public by the maintenance of professional standards. That object could not be met if in every case the Tribunal and the Court was required to take into account subjective considerations relating to the practitioner. [55...

10. Gillies Realty Limited v The Real Estate Agents Authority (CAC 410), Andrews and de Martin [2018] NZREADT 4 [pdf, 307 KB]

    ...uphold his complaint concerning the location of the boundary. [12] Regarding the issue of the brochure, the Committee found that Mr Andrews had breached rr 5.1, 6.2, 6.3, 6.4, and 9.1 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”). The Committee said:3 The need for accurate information is fundamental to a sound real estate transaction. [Mr Andrews] provided inaccurate information about the dwelling [Mr de Martin] was looking to bu...