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1. [2021] NZEnvC 101 Close v Wellington City Council [pdf, 1.3 MB]

   ...Space B under the District Plan. The planning "vitnesses (Mr T Anderson for WZAL and Mr P N Thomas for the Appellants) agreed that the proposal required consent as a discretionary activity because the proposed platform structures exceeded permitted activity standards. The zipline activity itself ( considered in isolation) would be permitted as a recreation activity was it not for the non-compliance of the platforms and the fact that operation of the zipline would exceed a permi...

2. [2018] NZEnvC 039 Waterfront Watch Incorporated v Wellington City Council [pdf, 1 MB]

   ...13.4.5 The development of new, or the modification of existing open spaces in the Lambton Harbour Area is a Discretionary Activity (Unrestricted). Except that this Rule does not apply to: • the maintenance of existing open space (which is a Permitted Activity). 13.4.7 The construction of new buildings and structures, or the alteration of, and addition to existing buildings and structures in the Lambton Harbour Area which: • do not satisfy any of the criteria for minor additions...

3. Staite v Greenville - Paeroa East 4B2C2 (2002) 264 Rotorua MB 132 (264 ROT 132) [pdf, 711 KB]

   ...began to upgrade the bridge. They were concerned as to the sag under load and believed it was unsafe in that it had no handrails. They also believed that the abutments had begun to rot. Greenville and McMillan continued to use the bridge and were permitted to do so, but were impeded for long periods when the bridge '(Vas out of action due to the repairs that Staite and others had commenced. Staite began to reform the abutments by creating a reinforced pad and the bridge was m...

4. BORA Resource Management Amendment Bill [pdf, 332 KB]

   ...types, or classes, of activ- ities, or to prescribe information requirements for fast-track applications, by regula- tion. Reversing the change to subdivision presumption Under the original RMA, subdivision was presumed to be restricted unless explicitly permitted by a district plan rule. The RLAA reversed this, so that subdivision would be permitted unless explicitly restricted by a district plan. This Bill reinstates the ori- ginal presumption, which existing district plans were initially fo...

5. [2011] NZEmpC 75 Talbot v NZ Airline Pilots Association Industrial Union of Workers Inc [pdf, 127 KB]

   ...affairs cannot be invoked to achieve an outcome that is contrary to what the Rules provide specifically. One consequence of this early final disposition of complaints, albeit at a low threshold level, is that complainants (or the Union) are not permitted to bolster their complaints subsequently as Mr Lyons attempted to do in this case by providing a legal opinion. Whether the investigatory sub-committee should have had legal advice in its deliberations is not to the point. It could...

6. Short v Stowers - Tumu Kaituna 14 (2018) 199 Waiariki MB 188 (199 WAR 188) [pdf, 335 KB]

   ...apply for the following orders: (a) An order changing the status of part of the Tumu Kaituna 14 block from Māori freehold land to General land, being an area of 55.48 hectares; and (b) An order varying the terms of the trust to: (i) specifically permit the formation of legal entities (including limited partnerships in a charitable trust); (ii) facilitate commercial administration of the lands; and (iii) otherwise modernise aspects of the trust, including providing for an incre...

7. [2021] NZACC 104 - A v ACC (16 July 2021) [pdf, 309 KB]

   ...the initial request of 5/05/20. (“A” had actually made a request on 27 April 2020.) [16] On 30 June 2020 ACCs Technical Advisor concluded in an internal memorandum that the Accident Compensation Act 2001 (‘the Act’) did not permit ACC to fund the treatment but that a payment outside of “A’s” statutory entitlement should be considered to cover the cost of treatment from 5 May 2020 and for ongoing rehabilitation. ACC paid for 15 sessions less the $500 paymen...

8. Li v The Real Estate Agents Authority NZREADT 10 [pdf, 346 KB]

   ...five minutes, then it is very unlikely that the account which the second and third respondents have given about there being a discussion at the meeting in detail of the contents of the agreement could be correct. Such a short meeting would not permit that process to be undertaken. It would however be a different matter if the effect of the proposed new evidence was to establish that the meeting, rather than taking four hours, took only half an hour. Even such a reduced duration f...

9. Final Env-Reg-Report-2020-21 [pdf, 274 KB]

   ...the Court accepted for lodgement the call in by the Minister for the Environment to consider proposed Plan Changes 1,7 and 8 to the Otago Regional Water Plan and Waste Plan. Plan Change 7 proposed provisions to manage the replacement of deemed permits (also known as ‘mining privileges’) expiring in 2021 and any other existing water permits expiring prior to 31 December 2025. The Plan Change also established a requirement for short duration consents for all new water permits1. P...

10. Boyd-Dunlop & Anor v CAC307 & Anor [2016] NZREADT 8 [pdf, 170 KB]

    ...about 28 3 restrictive covenants registered against the Title to the property dealing with such matters as trees, subdivision, house building, landscape, architecture and others but one of them reads: “5.1 The transferee will not use or permit the use of any lifestyle lot for purposes other than residential purposes, without the prior written consent of the transferor whose decision shall be final and binding upon the transferee.” [9] It is not in dispute that the licensee a...