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1. [2023] NZEnvC 197 HPC Plumbing & Gas Lmited v Auckland Council [pdf, 265 KB]

   ...implausible that tradespeople are conducting non-complying activities at their homes if they have one or two visitors a day and a delivery from a light commercial vehicle once or twice a week. This is a minimal level of activity, far less than what is permitted under the Home Occupation rules. Ms Carruthers submits the Council’s position was nonsensical. Ms Carruthers further submits that, of the factors set out in Clause 10.7(j) of the Practice Note 2023: 3 (a) the...

2. [2020] NZEmpC 182 FVB v XEY [pdf, 203 KB]

   ...consider the interests of third parties, including the media.8 [11] Where the application is for an interim non-publication order, the principle of open justice has less weight than at a later stage in the proceedings. The Courts are cautious about permitting public opinion to be formed based on allegations, rather than a determination of the Court.9 An interim non-publication order therefore is likely to 5 Employment Relations Act 2000, sch 2 cl 10 and sch 3 cl 12. 6 ASG v H...

3. [2024] NZEnvC 079 Maungaharuru-Tangitū Trust v Hastings District Council [pdf, 19 MB]

   ...for a new building. As a result of the findings of the cultural audit the hapu hapū is satisfied that further building development on site provides little threat to the Waahi Tapu wāhi tapu, accordingly such building development has been accorded Permitted activity status. This does not however apply to other properties covered by W20 as they have not been subject to the same level of investigation. That in the case of W38, historical records (including an archaeological site reco...

4. Lima - Herenga A5B (2002) 150 Gisborne MB 213 (150 GIS 213) [pdf, 1.2 MB]

   ...upon the following conditions: 1. The applicant is to file in this Court within 2 months a letter expressing the views of the Gisborne District Council as to the suitability of the proposed site for building and whether they would grant a building permit; 2. The applicant is to file in this Court within 2 months a letter expressing the views of the Gisborne District Council on the roadway to be utilised for accessing the site. Minute Book: 150 GIS 217 3. When the Makirikiri Stream...

5. Bristol - Rangipo North 8 (2006) 178 Aotea MB 80 (178 AOT 80) [pdf, 405 KB]

   ...operate in a manner now sought by the applicants. To do so would allow potentially legions of litigants to attempt to reopen cases long since settled by the Court. I am not persuaded that the intention of Parliament when enacting section 43 was to permit those claiming an interest in proceedings to reopen those matters years after the Court's final determination. There are other pathways open to the applicants that may yet achieve the outcome they are seeking, which is simply t...

6. Land Valuation Tribunal COVID-19 Protocol [pdf, 181 KB]

   ...ready for mediation/conferencing the Judge/Member will determine whether it should proceed in person, by telephone or audio- visual link, or be adjourned. Hygiene at hearings, mediations and expert conferences 29. The Tribunal 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. 30. Any concerns about health and safety practices in the courtroom should be raised with the Registrar i...

7. BORA Births, Deaths, Marriages, and Relationships Registration Amendment Bill [pdf, 316 KB]

   ...applying to add birth information. It therefore provides a statutory process by which 16 and 17 year olds are consulted with and participate in the decision made on their behalf. Marital status 22. All three clauses make a further distinction by permitting individuals aged 16 and 17 years, who have earlier been married, entered into a civil union or been in a de facto relationship, to make an application on the same basis as someone aged 18 or over. Our assessment is that the differenc...

8. [2022] NZACC 169 — Porter v ACC (25 August 2022) [pdf, 261 KB]

   ...said: [21] …the task which the lower court is engaged upon is the application of the law to the facts before it in the individual case. It involves a question of law only when the law requires that a certain answer be given because the facts permit only one answer. Where a decision either way is fairly open, depending on the view taken, it is treated as a decision of fact, able to be impugned only if in the process of determination the decision-maker misdirects itself in law....

9. Warren v Harwood - Hongoeka 7 Block and Lots 2 and 3 on DP 42094 (2007) 197 Aotea MB 299 (197 AOT 299) [pdf, 1.9 MB]

   ...that potential developments would not be stifled by the width of the road. Aggravating these concerns was the view of some objectors that the Porirua City Council appeared to be sending mixed messages to the Hongoeka Bay community as to what were permitted activities. Examples raised included sub-divisional partition of land for housing purposes and difficulties over whether that was possible with the existing roadway width. Other examples were also given. [17] Mr Marshall for the...

10. [2022] NZEnvC 105 Meridian Energy Limited v Mackenzie District Council [pdf, 735 KB]

    ...and substantive safeguards in Sch 1, RMA (including in terms of the required content of a plan change submission, “a very limited document”). In addition, he discussed the efficiency and cost risks that would arise were the public to be permitted to “enlarge significantly the subject matter and resources to be 11 Palmerston North City Council v Motor Machinists Ltd [2013] NZHC 1290, Kós J, at [1]. 12 Clearwater, at [66]. 9 addressed” beyond “the original ambit...