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  1. Mark-St-Clair_S87F-Report_Planning_28-April-2023_with-Footnotes.pdf [pdf, 1.1 MB]

    ...................................................................... 20 M. STATUTORY CONSIDERATIONS ..................................................... 24 Section 104 ........................................................................................24 Matters relating to the grant of discharge permits ...............................26 N. ACTUAL AND POTENTIAL EFFECTS ON THE ENVIRONMENT ............ 27 Air quality ........................................................................

  2. [2024] NZEnvC 090 Bowkett v Whangarei District Council [pdf, 2.3 MB]

    ...the wording of the provisions a major structure can also be a minor building. Such potential is nothing new but creates the need for a multi-level examination of the plan in order to ascertain whether a particular activity requires consent or is permitted. The District Plan provisions [30] This issue arises by virtue of the relevant rules for the coastal Natural Open Space zone (the NOSZ). The NOSZ applies to the Reserve land which is between the CMA and Mr Bowkett’s and hi...

  3. 2021-03-16 Transcript to end of day 5 [pdf, 2 MB]

    ...COURT: JUDGE BORTHWICK 135 year? MR MAW: Yes. 51 OTAGO REGIONAL COUNCIL PLAN CHANGE 7 – ENV-ENV-2020-CHC-127 (08 Mar 2021) THE COURT: JUDGE BORTHWICK And so is part of the issue – and it may not be but in terms of those mining licences now deemed permits, you’ve got the physical infrastructure itself has been authorised – what, under the mining permit, or...? MR MAW: 5 Yes, although there will be some interplay with the Building Act in terms of whether t...

  4. Brill v Real Estate Agents Authority (CAC 409) & Ors [2017] NZREADT 28 [pdf, 237 KB]

    ...early access to the property. The appellant intended to use the property as the premises for a property management business. However, it was unclear whether the body corporate that owned the building in which the property was situated would permit the property to be used for that function. The agreement to lease did not include any clause that made the agreement conditional on the property being able to be used as the appellant intended. When issues with the use of the prope...

  5. [2024] NZEnvC 126 Smith v Central Otago District Council [pdf, 1.8 MB]

    ...closed, the habitable rooms shall be provided with mechanical ventilation to ensure that the requirements of clause G4 of the Building Code are complied with. b) All reasonable and appropriate steps must be taken to advise prospective purchasers, lessees, licences or tenants, or any other users having an interest in Lot 1 of; i. Horticultural, viticultural, and agricultural activities that can occur as of right in the Rural Resource Area; and ii. The usual incidence of these activities inclu...

  6. Kirkham v Huata - Lot 2 Deposited Plan 1996 formerly known as Mangaroa 26N2 block (2016) 54 Takitimu MB 104 (54 TKT 104) [pdf, 363 KB]

    ...They have also failed to pass on rates notices which has meant the respondents have had to pay penalties. She claimed that the respondents have installed a new well on the land, arranged for electricity and took care of the resource consent and permits, at a cost exceeding $30,000.00. The trustees she submitted had not provided any compensation for these improvements. Further, the rent is too high given the condition of the land and the fact that there is no reliable water source...

  7. Zhong v Auckland Council [2011] NZWHT Auckland 32 [pdf, 264 KB]

    .................................................................. 27 LIABILITY OF AUCKLAND COUNCIL AND STANLEY CHEN FOR THE PLANS ... 30 THE LIABILITY OF ROSE MCLAUGHLAN .............................................................. 31 The terms of the licence held by Ms McLaughlan .............................................. 32 Liability of the Council ........................................................................................ 32 The standard of the inspections carried o...

  8. [2021] NZEnvC 184 Tasman District Council v Awaroa Aerodrome Ltd [pdf, 1 MB]

    ...Butler; • Edna Irirangi Brownlee; • Geoffrey Hugh Trewavas; • Graeme Grant Goodall; • Geoffrey Alan Phillips . [7J Fifteen of the eighteen Respondents oppose the application. The basis of opposition is that operation of the Airstrip is permitted by existing use rights. 8 Affidavits in support of the Respondents were filed by: • Zachary Thomas Athfield; • Clare Patricia Davies; • Catherine Anne Elizabeth Isaac; • Clutha Forbes Mackenzie; • Francis Wi...

  9. [2022] NZCAA 01 (28 February 2022) [pdf, 338 KB]

    ...Customs and Excise Act 19961. Schedule 2 is concerned with the valuation of goods for the purpose of imposing customs tariffs. Clauses 3(1)(a)(iv) and (v) provide, the transaction value of goods shall be adjusted by adding: (iv) royalties and licence fees, including payments for patents, trademarks, and copyrights in respect of the imported goods that the buyer must pay, directly or indirectly, as a condition of the sale of the goods for export to New Zealand, exclusive of charges...

  10. [2024] NZREADT 01 - CAC 2106 v Pang (8 January 2024) [pdf, 154 KB]

    ...particulars of the charges (as amended at the hearing) are set out in the Schedule. [3] On about 22 March 2023, the Committee referred the charges to the Tribunal. [4] Mr Pang did not attend the hearing. BACKGROUND [5] Mr Pang’s salesperson licence has been voluntarily suspended since 2 August 2022. At the relevant time, he was contracted to Megan Jaffe Real Estate Limited. He worked from the Orakei branch, trading as Ray White Orakei (the agency). [6] The charges concern a p...