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1. [2022] NZEnvC 198 Upper Clutha Environmental Society Incorporated v Queenstown Lakes District Council [pdf, 324 KB]

   ...consensus. Proposed change to the ONF earthworks volume threshold (rule 25.5.2) for Clutha River/Mata Au The Woodfields’ submissions record that their primary concern is the regulatory change to their land, specifically the reduction in the permitted volume of earthworks applicable to ONFs.56 They calculate that the proposed reclassification represents a 99% reduction from the previously permitted maximum earthworks volumes.57 The Woodfields seek amendment to r 25.5.2, inso...

2. 2021-03-08 Richard Allibone - Summary of Evidence [pdf, 122 KB]

   IN THE ENVIRONMENT COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY I TE KŌTI TAIAO O AOTEAROA ŌTAUTAHI ROHE ENV-2020-CHC-127 UNDER the Resource Management Act 1991 (RMA) IN THE MATTER of the Water Permits Plan Change - Plan Change 7, being part of a proposal of national significance directed by the Minister for the Environment to be referred to the Environment Court under section 142(2)(b) of the RMA AND IN THE MATTER of an application under section 149T of the RMA BET...

3. Waikato Bay of Plenty Standards Committee v A [2014] NZLCDT 70 [pdf, 194 KB]

   ...those valuations was 23 October 2006, over a year before the date of the investment. The practitioner adjusted the valuations downwards to take into account the decline in the property market. That was not permissible because the rules do not permit a discretion to obtain an updated valuation of a valuation that is over a year old at the time of the investment. [10] The admitted negligence of the practitioner in respect of the breaches of Rules 6.1, 7.1 and 12 of the SNCR included...

4. DEF v Accident Compensation Corporation & KLM (Jurisdiction Objection) [2014] NZHRRT 27 [pdf, 46 KB]

   ...[18] to [42] and no point is served by repeating what is said there. It is sufficient to note that the scheme of the Act is that in the first instance complaints must be dealt with by the Privacy Commissioner. Proceedings before the Tribunal are permitted by ss 82 and 83 only where an investigation has been conducted by the Commissioner under Part 8 or where conciliation (under s 74) has not resulted in settlement. Before either ss 82 and 83 are engaged the following statutorily prescr...

5. [2021] NZEnvC 171 Public and Population Health Unit of the Northland District Health Board v Northland Regional Council [pdf, 546 KB]

   ...Council’s Proposed Changes to Provisions The Council’s proposed changes following the Court’s decision of 15 October 2021 are shown highlighted yellow in underline and strikethrough. Rule C.6.5.1 Application of agrichemicals – permitted activity The discharge of an agrichemical into air or onto or into land is a permitted activity, provided: 1) for all methods (including hand-held spraying, ground-based spraying and aerial application): aa) the applicator must: i...

6. [2018] NZSSAA 15 (15 March 2018) [pdf, 142 KB]

   ...time. In relation to SSA 148/16, the entitlement to Disability Allowance for a dependent child, the Ministry states that the protection order issued against the appellant on 22 April 2016 varied the earlier parenting order. As the appellant was permitted only supervised contact with her children, she could not have day-to-day care or primary responsibility for the child in question. [16] In relation to SSA 141/17, Ms Shaw stated that this appeal is relevant to JSSH which is only...

7. EGX v BSL [2011] NZIACDT 17 (6 July 2011) [pdf, 75 KB]

   ...Complainant made. [9.3] There were aspects of the circumstances that made it implausible the Adviser had falsified records: [9.3.1] The Complainant contended he was told there was a sliding scale for fees and the fees depended on how long a visitor’s permit was to be granted for. That would be a surprising basis for setting fees as there would be no obvious difference in the amount of work required, at least generally. [9.3.2] The Adviser was the employee of an organisation providin...

8. BORA Education (Protecting Teacher Title) Amendment Bill [pdf, 284 KB]

   ...Education Act sets out the criteria for teacher registration, which includes a requirement to be satisfactorily trained to teach. 6. Clause 5 of the Bill replaces s 374(1)(b) of the Education Act to make it an offence for a person to use or permit to use, in connection with a person’s name or business, the word “teacher”, or any words or initials intended or likely to make any other person believe that the person is a qualified and registered teacher, when they are not so...

9. Karena v Steedman - Te Koau A (2019) 76 Tākitimu MB 183 (76 TKT 183) [pdf, 484 KB]

   ...Karena did not provide any detailed arguments in response on this issue. I apprehend that, at best, his submissions could be interpreted as making the point that he is entitled as an owner to bring applications to the Court for review which are permitted under the Act. The Law [33] Sections 98C and 98D were inserted into the Act in 2016 and are changes that give this Court boarder powers regarding proceedings that are without merit. It confers powers on a Judge to make a limited...

10. BORA Judicial Matters Bill [pdf, 309 KB]

    ...of Appeal. 11. To the extent that these clauses limit the ability of the press and members of the public to attend at, and report on, the proceedings of the Panel, s 14 NZBORA is engaged. In my view, however, the interference with free expression permitted by those clauses is reasonable for s 5 NZBORA purposes. First, clause 28(1) establishes as the guiding principle that "Every [Panel hearing] must be held in public", and implies that clause 28(2) (which allows hearings to be...