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1. [2024] NZREADT 25 - CAC 2107 v RCG Reality Ltd (29 July 2024) [pdf, 265 KB]

   ...September 2016, the Authority emailed RCG, addressed to its director, Mr Wai, attaching a Notification of Auditor form. No notification of appointment of an auditor was received by the Authority. [12] On 1 March 2018, Mr Wai obtained his agent’s licence and on 20 March 2018 became the eligible officer for RCG. [13] On 20 March 2018, Mr Wai was sent an ‘agent’s pack’, including forms for operating a trust account and a guide for trust accounts and audit documentation for...

2. Sherburn v CAC 10017 & Harlows [2012] NZREADT 33 [pdf, 168 KB]

   ...into an agreement to purchase the property.” [3] We understood the three covenants to read that the landowner: “... will not: (a) Shoot any wildlife other than for the eradication of pests such as rabbits, possums and suchlike; (b) Permit or allow motorcycling or go-cart recreation or other noisome activity on the land, but this covenant shall not extend to the use of motor bikes, mowers, weedeaters or suchlike for the use in farming or gardening operations; (c) Ke...

3. NZ BORA Advice: Civil Aviation Bill [pdf, 368 KB]

   ...have the right to determine for themselves what they do or do not do to their own body, free from restraint or coercion.1 10. Clause 3 of Schedule 2 of the Bill gives the Director of Civil Aviation the power to require an applicant for a pilot’s licence to undertake any test, examination or re-examination, or to provide any medical information that the Director considers necessary to assess the applicant. Clauses 110 - 112 in Part 4 of the Bill contain offences for acting as a pilot w...

4. [2020] NZEnvC 006 Antoun v Hutt City Council [pdf, 3.1 MB]

   ...being constructed in the rear yard of the property. A Council officer (Mr P Duffin) went to inspect. [15] Mr Duffin formed the view that a house was in the course of construction and advised Mr Voss, who was on site at the time, that a building permit and resource consent were required. A resource consent application pack was delivered to Mr Antoun the following day. Attachment 3 to Ms Rotherham's evidence was a series of photographs taken by Mr Duffin on 7 November and one of...

5. [2017] NZEnvC 190 Hood v Dunedin City Council [pdf, 4.6 MB]

   ...to other dwellings in the locality, it could be fairly described as a tidy and humble abode. Its present access is via a gravel driveway, shared for part of the way with the appellants' property. [4] Use of the shed as a dwelling would be a permitted activity under the RR zone but for the fact that the minimum side yard for a residential activity is set at 10m (under r 6.6.2(i)} and the shed is just over 6m from the boundary with the appellants' property. As such, the prop...

6. PC8 Urban Common Bundle - Volume 1 [pdf, 10 MB]

   ...stormwater; and (b) Measures to prevent contamination of the receiving environment by industrial or trade waste; and (c) The use of techniques to trap debris, sediments and nutrients present in runoff. Explanation In terms of the Plan’s rules for permitted and discretionary activities for new discharges, or extensions to the catchment area of existing discharges from reticulated stormwater systems, the requirements of (a) to (c) will apply, as required. Principal reasons f...

7. Widdowson v Bekx [pdf, 166 KB]

   ...and was constructed by the First Respondent (Mr P Bekx). 4.3 That the First and Second Respondents are now considered to be resident in United Kingdom. Adjudicators Determination September 2004 Page 9 of 51 pages 4.4. A building permit for the construction of the dwelling house was issued on the 26th of March 1992 and accordingly the construction of the dwelling house proceeded in terms of the old regime pursuant to the applicable by-laws adopted by the Third Respo...

8. UN v BF Ltd [2022] NZDT 138 (6 September 2022) [pdf, 211 KB]

   ...counterclaim BF Ltd The Tribunal orders: 1. The claim is dismissed. 2. UN is to pay $127.50 to BF Ltd before 6 October 2022. Reasons 1. On 4 May 2022 UN parked in a carpark managed by BF Ltd. UN was aware from signs displayed that a permit was required to park in this car park. He did not have one, and he was unable to discover how to acquire one. He stayed in the car park for 54 minutes, sitting in his vehicle. 2. BF Ltd issued UN with a parking breach notice d...

9. ORC & Fish and Game - EIC - Niall Watson - 17 September 2021 [pdf, 651 KB]

   ...production unit hatching and growing young salmon for transfer to sea cages on Stewart Island. The hatchery has been in operation for over 30 years. It currently takes water from the Lower Clutha River and discharges back into the river under permitted activity rules of the Regional Plan: Water for Otago (RPW). (b) Macraes Trout Hatchery, Macraes Flat – this operation run by Otago Fish and Game is wholly within Oceana Gold’s mine site. It uses water taken by Oceana for mi...

10. Landcorp Farming Limited v Waikato Regional Council [pdf, 267 KB]

    ...as to the benefits, or otherwise, of collectives to address catchment quality. 11.3 Relief sought: Amend Policy 9 to clarify roles, responsibilities and risks for multi-site consents. RULES 12. Rule 3.11.4.3: The intent of this rule is to permit low intensity farming (NLLR LOW or <18WinterSR Livestock) where, among other things, the requirements in Schedule C (minimum farming standards) and a Schedule D1 (Farm Environment Plan) are met. 12.1 The primary issues with this r...