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1. ENVC Matiatia expert witness planning 2014 [pdf, 700 KB]

   ...weight should be given to the objectives and policies of the PAUP. MD generally agrees, but in rebuttal evidence will give further attention to any PAUP provisions where the Council has signalled a significant policy shift. 12. RMA Framework a. Permitted Baseline - Under the ARP:C up to 98 moorings are permitted. There is no numerical limit under the PAUP, but there is an area limit. b. Existing Environment - The experts agree that the boat grid forms part of the existing environm...

2. 1. JWS 1 - Primary Sector Part B - Animal Waste Storage 8-9 June 2021 [pdf, 405 KB]

   ...the witnesses noted that under Rule 14.7.1.1 existing animal effluent storage facilities constructed with a synthetic liner, or of concrete construction, or that are above-ground tanks did not require any visual inspection by a SQP to remain a permitted activity. The witnesses agreed that all existing animal effluent storage facilities should be certified by an SQP as having no visual cracks, holes or defects that would allow effluent to leak from the facility and, where relevant, a...

3. LCRO 118/2023 TC v GS (13 December 2023) [pdf, 213 KB]

   ...Would you please email me why you guys did not settle the [purchase] on Monday? and why your boss called the bank on [the following] Tuesday so I am looking for answer? because you told me on Monday that you can not settle because you need another permit from maori court but it was not the case I found on Tuesday, I am trying to understand when I told you many times to be unconditional and I thought you did however I am in the stuck trying to find the loan so I suggest you to think that...

4. 2021-02-23 Minute PC7 Expert conferencing [pdf, 882 KB]

   ...make directions on the attendance of planning witnesses at the conference and the timing and sequencing 1 Regional Council memorandum dated 19 February 2021. 2 National Policy Statement for Freshwater Management 2020. 3 of sub-topics. Mining permits [8] I do not know whether any witness has attached to their evidence a copy of a mining permit. As I do not recall seeing this type of authorisation, the Regional Council is to attach examples of the same when responding on 1 Marc...

5. Li & Gao v Real Estate Agents Authority (CAC 408) & Ors [2017] NZREADT 9 [pdf, 259 KB]

   ...“no” and initialled it. Ms Riley said that neither Ms Craig nor Mr Craig informed her of any water penetration into the property. [15] The disclosure form also provided for “other disclosures”, including disclosure by the vendor regarding permits and/or local body consent: Is the client aware of any work completed which may have required permits/local body consent? Ms Craig ticked the box indicating “yes”. Ms Riley then wrote, and Ms Craig initialled: Vendor warran...

6. BORA Electoral Finance Bill [pdf, 444 KB]

   ...parties, candidates and, so far as the issue arises, third parties have engaged in political activities prior to the announcement of an election, they will be subject to corresponding limits during the election campaign itself. The maximum expenditure permitted during the campaign on the part of different parties or candidates will vary according to the level of prior activity. One candidate or party could, for that reason, be disadvantaged relative to others during the campaign period, al...

7. LCRO 136/2023 QT v MZ (8 January 2024) [pdf, 220 KB]

   ...(CA), Fletcher Moulton LJ was considering the power of the Court to strike out an action as vexatious and observed that: The Court has a right to stop an action at this stage if it is wantonly brought without the shadow of an excuse, so that to permit the action to go through its ordinary stages up to trial would be to allow the defendant to be vexed under the form of legal process when there could not at any stage be any doubt that the action was baseless. 8 P v H LCRO 2/2009 (20 M...

8. LCRO 50/2017 TG v JT and TAP LIMITED (26 January 2018) [pdf, 292 KB]

   ...[56] On behalf of TAP, Mr RB’s response to the application for review is in two parts: (a) Mr TG is unable to assert the without prejudice privilege as it belongs to [1234] and TAP; and (b) regardless of any issue of privilege, s 151 of the LCA permits a Standards Committee to call for and receive the letter as part of its conduct deliberations. Mr TG cannot assert the without prejudice privilege [57] Mr RB submits that the privilege attaching to Mr TG’s letter belongs to TAP...

9. [2024] NZEnvC 103 Turoa v Bay of Plenty Regional Council [pdf, 698 KB]

   ...mailto:compliance_data@boprc.govt.nz mailto:notify@boprc.govt.nz 3 The National Environmental Monitoring Standards can be found at http://www.nems.org.nz/documents/. 4 If you wish to continue this activity upon the expiry date of this permit, a new application should be lodged at least six months prior to the expiry date of this permit. Applying at least six months before the expiry date may enable you to continue to exercise this permit until a decision is made, and any appe...

10. Godinich v Guan Thye Heng Co Ltd [pdf, 97 KB]

    ...NZLR 628, at p 635 The standard of care in all cases of negligence is that of the reasonable man. The defendant, and indeed any other Council, is not an insurer and is not under any absolute duty of care. It must act both in the issue of the permit and inspection as a reasonable, prudent Council will do. The standard of care can depend on the degree and magnitude of the consequences which are likely to ensue. That may well require more care in the examination of foundations,...