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

   ...emphasis to the purpose of the legislation, and the need to create a workable scheme for the regulation of non-competitive markets. Michael Petherick Manager – Ministerial Advice Office of Legal Counsel Stuart Beresford Manager Bill of Rights/Human Rights 1 The term "input methodologies" refers to the rules, processes and requirements relating to regulation, such as how to calculate the cost of capital, value assets, allocate common costs, prepare regulatory account...

2. [2018] NZEnvC 109 V T Taueki v Horowhenua District Council [pdf, 796 KB]

   ...is an archaeological site as defined in the Heritage Act: archaeological site means, subject to section 42(3),- (a) any place in New Zealand, including any building or structure (or part of a building or structure), that- (i) was associated with human activity that occurred before 1900 or is the site of the wreck of any vessel where the wreck occurred before 1900; and (ii) provides or may provide, through investigation by archaeological methods, evidence relating to the history of...

3. (9) Hamilton City Council [pdf, 321 KB]

   ...infrastructure wetlands: (a) Objective 1; and (b) Policy 17. Objective 1 21. Objective 1 includes to restore and protect wetlands so that they will be safe for people to swim in and take food from. 22. Because of the risks to human health, wetlands constructed to treat contaminated stormwater or wastewater should not be expected to be places suitable for swimming or collecting food. 23. Amendments are required to ensure this objective is not applied to infra...

4. Canterbury Westland Standards Committee 2 v A Practitioner [2020] NZLCDT 32 (13 October 2020) [pdf, 117 KB]

   ...charges to be finally resolved, the matter came before the Tribunal on 23 July 2020. [2] Although his job was made very difficult by the circumstances, counsel for the Standards Committee, Mr van Schreven, is to be commended for the sensitive and humane way with which he has been prepared to not only deal with the delays, but also to accommodate the changes in this practitioner as his [redacted] health improved. The practitioner was eventually able to participate in a productive dialo...

5. Bell v McDonnell - Mataimoana (2017) 374 Aotea MB 298 (374 AOT 298) [pdf, 396 KB]

   ...share common bonds of whakapapa in relation to Aotea, It is also conclusively established that the ahi ka and tikanga (together being the kaitiakitanga) is with Ngati Rehua only, They have the knowledge of customary practices on Aotea and are the human kaitiaki of the taonga. Discussion [28] My preliminary observation is that the approach out lined above regarding ss 129 and 132 of the Act is sound. The Court is tasked with deciding the lands ownership and determining the relativ...

6. [2019] NZEmpC 18 Watts & Hughes Construction Ltd v De Buyzer [pdf, 315 KB]

   ...WHCL. I am satisfied there was an intention to satisfy the original condition for payment imposed by the Court. Some steps were taken in anticipation of a timely payment, but these were not completed. I find that the failure to do so was due to human error; the fault was not a deliberate one. [9] There was prejudice as far as Mr de Buyzer was concerned. He proceeded with enforcement; but Ms Mathieson submitted that was an issue which could be addressed by WHCL meeting those...

7. [2019] NZEmpC 48 Sawyer v The Vice-Chancellor of Victoria University of Wellington [pdf, 370 KB]

   ...attend mediation with a mediator appointed by the Chief Executive of the Ministry of Business, Innovation and Employment. Mediation took place on 24 July 2014. At its conclusion Dr Sawyer, and Robert Miller, the university’s Acting Director Human Resources, signed a record of settlement pursuant to s 149 of the Act. That settlement agreement recorded the terms on which Dr Sawyer’s employment would end. [11] As is required by s 149, the mediator signed the settlement agreeme...

8. Canterbury Earthquakes Insurance Tribunal Bill: Approval for Introduction [pdf, 455 KB]

   ...Bill. 8y9t1vo72j 2018-07-19 11:51:38 6 Compliance 41 The Bill complies with the following: 41.1 the principles of the Treaty of Waitangi; 41.2 the rights and freedoms contained in the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993; 41.3 the disclosure statement requirements (a disclosure statement has been prepared and is attached to this paper); 41.4 the principles and guidelines set out in the Privacy Act 1993; 41.5 relevant international stan...

9. [2018] NZEnvC 144 Auckland Council v Braines [pdf, 377 KB]

   ...to pathogens; (b) increased risk to the environment from the discharge of inadequately treated sewage; (c) risks of offensive odours; (d) increased risks of unlawful tenancies being established; and (e) increased risk of adverse effects on human health. [4] Part of the application was based upon an assertion in relation to methamphetamine-associated contaminants on the site. The Court did not accept that evidence, or that there was any breach of s 15(1)(b) of the RMA. Neverthele...

10. ORC outline conditions for surface water takes [pdf, 176 KB]

    ...consent. Advice Note X: Water Testing for Drinking Water Use It is the responsibility of the consent holder to ensure that the water abstracted under this resource consent is of suitable quality for its intended use. Where water is to be used for human consumption, the consent holder should have the water tested prior to use and should discuss the water testing and treatment requirements with a representative of the Ministry of Health and should consider the following Drinking Water...