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1. Deputy Registrar - Orongotea B no 1 (2008) 125 Whangarei MB 36 (125 WH 36) [pdf, 4.7 MB]

   ...A20080004745 A20080004747 A20080004752 A20080004755 A20080004756 A20080004758 A20080004759 A20080005011 A20080005012 A20080005015 A20080005017 A20080004740 A20080005213 UNDER Sections 128 and 131, Te Ture Whenua Maori Act 1993 DEPUTY REGISTRAR Applicant IN THE MA TIER OF Orongotea B No 1. and others Hearing: 30 April 2008 (Heard at Whangarei) Judgment: 9 May 2008 RESERVED DECISION OF JUDGE D J AMBLER 125 Whangarei MB 37 Introduction [1] This is a decision to adjourn v...

2. [2019] NZEnvC 041 Oceana Gold New Zealand Limited v Otago Regional Council [pdf, 1.3 MB]

   ...to PS.4.6A(a)(ii)(1) to (4) , or earlier versions of them, as Limits 1 to 4 respectively. 4 B: Leave is reserved for any party to raise any inconsistency or error in Order A provided they do so by 29 March 2019. C: Costs are reserved. Any application should be made by 12 April 2019 (unless an application is made under B). REASONS Table of Contents 1. 2. 3. 4. 5. Introduction [1 J 1.1 The issues [1 J 1.2 The parties [3J 1.3 The contribution of gold mining to th...

3. DA v EB LCRO 7/2013 (26 August 2014) [pdf, 125 KB]

   LCRO 7/2013 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the [City] Standards Committee [X] BETWEEN DA Applicant AND EB Respondent DECISION The names and identifying details of the parties in this decision have been changed. Introduction [1] Ms DA, a barrister, applied for a review of a determination of unsatisfactory conduct and orders mad...

4. ENVC Hearing 6Oct14 TGKL case law 3 effects [pdf, 2.1 MB]

   ...C Oll';\' \\v 2 (1) INTERIM DECISION (2) INTERIM REPORT AND RECOMMENDATION To: The Minister of Conservation The Marlborough District Council The Parties Table of Contents [AJ Introduction [BJ Status of the activities and applications [C] The guiding principles, objectives and policies [DJ How are the effects to be assessed? • Difficulties with the case law • What are 'effects? • 'What is the standard of proof? • How is a precautionary...

5. Interim Regulatory Impact Statement: Consultation options for adoption law reform [pdf, 857 KB]

   ...developed through the interaction of the law and the operational practice of Oranga Tamariki and other agencies, such as: • support and information for participants in the adoption process • the processes for assessing the suitability of adoptive applicants; and, • any arrangements for post-adoption contact between a person who is adopted and their birth family and whānau. Government, the courts and accredited agencies’ role in the adoption process Oranga Tamariki Oran...

6. [2019] NZEnvC 208 Aratiatia Livestock Limited v Southland Regional Council [pdf, 11 MB]

   ...in favour of the provisions of the proposed plan.11 8 RMA, s 290(1). 9 RMA, s 66(2A)(a). 10 RMA, s 290A. 11 Hibbit v Auckland Council [1996) NZRMA 529 (PT) at 533. 7 [15] Finally, because the pSWLP was publicly notified in June 2016, the applicable version of the RMA includes all amendments up to that date, inclusive of the Resource Management Amendment Act 2013 (but does not include the extensive amendments made by the Resource Legislation Amendment Act 2017). National sign...

7. BORA Customs and Excise Bill [pdf, 231 KB]

   ...the border in terms of the public interest in Customs’ effective regulation of people, craft and goods entering or leaving the country. The nature of the border means Customs has a limited opportunity to act, and may have to do so with limited information. We have also considered Customs’ role in the collection of Crown revenue. 8. We conclude that the Bill is consistent with the rights and freedoms affirmed in the Bill of Rights Act. The Bill 9. The Bill revises the prin...

8. [2011] NZEmpC 39 NZ Defence Force v PSA [pdf, 92 KB]

   ...Anthea Williams, Counsel for the Plaintiff Mr Peter Cranney and Caroline Mayston, Counsel for the Defendant Judgment: 20 April 2011 JUDGMENT OF JUDGE A D FORD Introduction [1] Essentially, this challenge is about the interpretation and application of a provision in a collective employment agreement relating to annual leave entitlement. The issues are complex. The case is concerned with the historical position that existed during a defined period between 15 January 200...

9. ENVC paper Justice Without Barriers AIJA Conference 2015 [pdf, 456 KB]

   ...Principal Environment Judge Laurie Newhook (NZ), to the AIJA Conference: JUSTICE WITHOUT BARRIERS: Technology for greater access to justice. 21-22 May, Brisbane, Queensland, Australia Introduction [1] I commence with a fairly bold claim that I believe is backed by statistical analysis, that, in contrast to the situation about a decade ago, the Environment Court of New Zealand is one of the more efficient parts of the resource management (planning) system in the cou...

10. Deputy Registrar - Mohaka A4B (2021) 102 Tairawhiti MB 177 (102 TRW 177) [pdf, 268 KB]

    ...New Zealand Tairāwhiti District A20210004048 WĀHANGA Under Sections 237, 238 and 239, Te Ture Whenua Māori Act 1993 MŌ TE TAKE In the matter of Mohaka A4B DEPUTY REGISTRAR Te Kaitono Applicant Nohoanga: Hearing 7 April 2021 (Heard at Hastings) Kanohi kitea: Appearances Arthur Gemmell, Sam Gemmell, Neti Whatuira, in person Bessie Phillips, Padre Phillips, Querida Rewi and others in person Whakataunga:...