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...1 Chief Executive of the Ministry of Social Development v Greenfield [2014] NZCA 611 (12 December 2014). 4 (e) Residence in New Zealand rather than anywhere else. The Act is not one which permits residence in two countries simultaneously. [33] We also consider that ‘ordinarily’ means something more than ‘residence’, indicating the place where a person regularly or customarily lives, as distinct from temporary residenc
...suites). c. Face masks should be worn in all public spaces, in accordance with paragraphs 10-12 above. Gloves may also be worn. d. Hand sanitiser will be readily available within the hearing venue. e. The Tribunal will not normally permit documents to be handed up to the panel. Documents that parties wish to produce should be scanned and shared by email at the appropriate time. 27. Any concerns about health and safety practices should be raised with the Tribunal Registra...
...costs. B: Under s286 Resource Management Act 1991, this order may be filed with 2 the District Court in Wellington for enforcement purposes (if necessary). REASONS [1] The appellant appealed a decision declining an application for a coastal permit to authorise a marine farm (for mussels and certain other species) and resource consent for associated activities in Tawhitinui Bay (U200493) on 1 October 2021. [2] Friends of Nelson Haven and Tasman Bay Inc and the Director-Genera...
...aware that the building involved pre-1991 building work and that neither the council nor the vendor had paperwork to confirm the stables were legally consented as a dwelling. She failed to advise the purchasers of the lack of recorded building permits, nor did she confirm the legality of the construction. Furthermore, the licensee failed to obtain expert evidence to support the vendor’s claim that the stables could be rented. [5] In the Committee’s decision on 9 September 2022,...
...alleging failure to comply with the notice c) The appeal is based on an incorrect premise. The abatement notices refer to an expired consent dated 1 December 2019 and that works were required to comply with condition, standards and terms of the permitted activity rule 13.1 of the Councils plan. d) The appellant has not complied with the terms of the rule. [4] Aokautere disputed the contention that the appeal against the abatement notices was filed out of time. The basis of the par...
...the first plaintiff requests, during the course of an investigation by the Commissioner, that there be added to her complaint, complaints made by third parties. [50] There are two principal legal issues. The first is identifying who the statute permits to make a complaint to the Privacy Commissioner and who in turn, is permitted to bring proceedings before the Tribunal. The second is the process rights of the person complained against. Complaints, complainants and persons aggrieved...
...that if the section subject to the mortgage is ever sold by mortgagee sale or otherwise the whānau trust must transfer its interests in all other sections to the aggregate owners. The underlying principle is that each of the whānau trusts is permitted to mortgage the land and thereby place the land at risk, but if the worst happens and the land is sold, that whānau trust must relinquish its interests in the balance sections. [5] In accordance with my earlier preliminary determ...
...effects from copper based antifoulant paints on water and sediment quality and some biota as being of a ‘more than minor’ nature. I have received advice from WML’s legal Counsel that the boats within the marina do not require a coastal permit for occupation (under Section 12 of the RMA) and as such the effects boats may cause while berthed in the marina cannot be controlled through consent conditions. I am further advised by WML’s legal counsel that any release of anti...
...shareholders. The claimants say that the dams, and the operation of them, could be important in reaching a settlement with the Crown should their wider claim of ownership of the rivers be upheld. But if the dams were to pass from Crown ownership as permitted by the Act, the claimants' ability to negotiate a settlement involving ownership of the dams, payment for water rights or electricity gener ated would be negated. The tribunal report said that because of the urgent nature...
...impact on the Court and how the Registry carries out its business. This Act will have come into full force by the time of the publishing of this report (from 1 August 2003). Changes include: • Providing flexibility regarding the application of the permitted baseline in assessing the effects of activities for resource consents. • Need for consideration whether a person (not otherwise qualified to become a party to proceedings before the Court) has a greater interest than that of the...