Search Results

1. SW v UH LCRO 170/2014 (5 February 2016) [pdf, 48 KB]

   ...decision on 16 July 2014. [12] Mr SW submits that: (a) Ms UH had played a part in the preparation of Ms CR’s letter. (b) Ms UH should have required Ms CR to seek independent advice before providing correspondence to the Court. (c) Ms UH had permitted a serious defamation to be promulgated. (d) Ms UH has not sought to withdraw the affidavit, or redact the offending statements from the affidavit. (e) He had been required to file an affidavit in the Family Court as a consequenc...

2. Beattie v Official Assignee (Costs) [2021] NZHRRT 40 [pdf, 174 KB]

   ...second made on 23 September 2015. [5] While the Assignee granted access to most of the information requested by Mr Beattie, some information was withheld. The Assignee relied on the provisions of the then Privacy Act 1993 (PA 1993) which expressly permitted an agency to withhold information from a requester in certain circumstances. The particular grounds relied upon were ss 27(1)(c), 29(1)(a) and 29(1)(f): • s 27(1)(c) - disclosure of the information would be likely to prejudice...

3. [2023] NZEnvC 037 Currie v Palmerston North City Council [pdf, 992 KB]

   ...for tl1e proposal are: • Under Rule R9.9.1 tl1e proposal is a non-complying activity in the Rural Zone; • The proposal is also a non-complying activity as the noise levels from the operation of the facility _have been assessed to exceed the permitted noise levels in Rule 9 .11.1. [15] Witl1 respect to other relevant provisions of tl1e District Plan, the number of vehicle movements per day set-vicing tl1e site would be within the permitted allowance under Rule 20.5.1 and, as...

4. AR v VE LCRO 334/2012 (10 August 2015) [pdf, 114 KB]

   ...haste or under pressure, such that the practitioner has mistakenly expressed himself or herself at to its terms. [25] And further:16 The trustworthiness, integrity and standing of the profession would be diminished if a practitioner were to be permitted to say, “I should not have to honour this undertaking, because even though I drafted it, it does not say what I intended it to say”. This would be no better than permitting practitioners to avoid honouring their undertakings by rel...

5. BORA Canterbury Earthquake Recovery Bill [pdf, 320 KB]

   ...reasonably necessary and is proportionately connected to the purpose, it is important to consider the scope of the power conferred on the Minister and the Chief Executive by cl 10 (Powers to be exercised for purposes of this Act) of the Bill. Clause 10 permits the Minister and the Chief Executive to exercise their powers under the Bill only in accordance with the purpose of the Bill and where they reasonably consider it necessary. For this reason, we are satisfied that the Chief Executi...

6. [2020] NZEmpC 96 Innovative Landscapes (2015) Ltd v Popkin [pdf, 203 KB]

   ...arrangements in place between a successful party and their representative, making it clear that such arrangements were of no concern of the Court:14 [41] I assume that M R’s lawyers may work on a conditional fee arrangement, but such arrangements are permitted. They may even work pro bono, receiving only such amount by way of fees as N R is ordered to pay. None of this is of concern to a court, which does not ordinarily supervise litigation funding and finds inherently nothin...

7. Guide for Maori land trusts incorporations and reservations [pdf, 372 KB]

   ...sections may be extended by Order in Council up until 30 October 2022. The Act allows for: • the use of electronic communications (including electronic voting and the use of electronic signatures) when an entity’s constitution or rules do not permit this; • temporary modifications to their constitutions or rules; • the Minister for Māori Development to grant exemptions from certain statutory obligations under Te Ture Whenua Māori Act; and • the Chief Judge of the Māori...

8. Environment Court COVID-19 Protection Framework [pdf, 165 KB]

   ...consideration in determining whether a matter is to be dealt with in whole or in part through remote participation is the known vaccination status of participants. Hygiene at hearings, mediations and expert conferences 14. The Court will not normally permit documents to be handed up. Documents that parties wish to produce should be scanned and shared by email at the appropriate time. 15. Any concerns about health and safety practices in the Court should be raised with the Reg...

9. ENVC Matiatia expert witness navigation safety 2014 [pdf, 6.7 MB]

   ...structures. 2. Context of the area a. The Auckland Regional Plan:Coastal (ARP:C) provides two Mooring Management Areas (MMA) within Matiatia Bay (marked as 62 on the appended map 1). These are the areas in which the placement of a mooring is a permitted activity. There are some moorings lying outside these areas. Where these moorings were in place at the time the ARP:C became operative they were deemed as lawfully permitted activities. The experts are unaware of which moorings were...

10. [2019] NZEnvC 177 Flax Trust v Queenstown Lakes District Council [pdf, 11 MB]

    ...[7] In addition to the appeal under the RMA, Speargrass (HC) resolved two applications by Speargrass to the High Court. These were: (a) an application for judicial review of the decision not to notify the original application for resource consent permitting construction of the earth mound and the decision to grant it (CIV-2017-425-078) ; and (b) an application for an order under s 333 Property Law Act 2007 ("PLA") requiring the removal of the earth mound at the cost of the...