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1. [2021] NZEnvC 010 Cabra Rural Developments Limited v Auckland Council [pdf, 11 MB]

   ...listed in Rule C1 .13(4). E39.6. Standards Subdivision listed in Tables E39.4.1 to E39.4.5 must comply with the relevant standards in E39.6.1 General standards /except as otherwise provided in Standard E39.6.5.1 /2)), and the relevant standards for permitted, controlled, restricted discretionary and discretionary activities in E39.6.2 to E39.6.5. E39.6.1. General standards E39.6.1.1 Specified building area (1) A specified building area must be clearly identified on every site on a...

2. Ward v Maccol Developments Ltd [pdf, 194 KB]

   ...are likely to ensue. 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 reasonably prudent Council would 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, a defec...

3. RIS - Improving the justice response to victims of sexual violence [pdf, 603 KB]

   ...courtroom before the judge, jury (if the defendant elects a jury trial), prosecutor, defendant and defendant’s lawyer, court staff, police officer in charge and media. Members of the public are not entitled to be present unless the judge expressly permits25; or • in an alternative way: from the witness box but from behind a screen (so the witness cannot see the defendant), from outside the courtroom via audiovisual link or CCTV, or by a video recorded prior to the trial. Child...

4. [2018] NZEnvC 096 Clevedon Protection Society 2017 Incorporated v Auckland Council [pdf, 31 MB]

   ...shall be prepared by the Consent Holder specifically summarising truck movements, complaints (and responses to those complaints), and any monitoring data collected under the consent. Council Access 9. The servants or agents of the Council shall be permitted to have access to relevant parts of the property at all reasonable times for the purpose of carrying out inspections, surveys, investigations, tests, measurements and/or to take samples. Enforcement and Compliance 10. The costs i...

5. From Bystander to Participant: Recognising and protecting victims by providing legal advice and legal representation [pdf, 664 KB]

   ...approval of the other members of the UK’s House of Lords in 2001, suggested looking beyond the duality of the adversarial contest in order to include the consideration of victims’ interests. He asserted: The purpose of the criminal law is to permit everyone to go about their daily lives without fear of harm to person or property. And it is in the interests of everyone that serious crime should be effectively investigated and prosecuted. There must be fairness to all sides. In a...

6. [2012] NZEmpC 95 Strachan v Moodie [pdf, 323 KB]

   ...as Mr Churchman established in cross-examination of Mr Moodie (and on which matter Mr Moodie was evasive), that his legal practice operated unlawfully as a limited liability company before more recent changes to the relevant legislation may have permitted this. But that does not cause Ms Strachan’s employer to have been that company. [63] Although Mr Moodie maintained that the Manawatu District Law Society had approved the operation of his practice and the financial accounting a...

7. [2018] NZEnvC 090 Cabra Rural Developments Limited v Auckland Council [pdf, 31 MB]

   ...infrastructure (8). NZCPS Policy 11 as addressed through the High Court decision is now encapsulated in Policies (9) and (10). [137] In respect of SEAs in the terrestrial area, vegetation alteration or removal around existing buildings while controlled is permitted, and customary removal is permitted. 16 In relation to certain infrastructural activities,17 vegetation removal is permitted. We understand that the High Court scope of analysis was confined to the objectives and policies...

8. [2024] NZEnvC 213 Remediation (NZ) Limited v Taranaki Regional Council [pdf, 1.4 MB]

   ...reasonably necessary to determine the application. (2) When forming an opinion for the purposes of subsection (1)(a), a consent authority may disregard an adverse effect of the activity on the environment if a national environmental standard or the plan permits an activity with that effect. (2A) When considering an application affected by section 124 or 165ZH(1)(c), the consent authority must have regard to the value of the investment of the existing consent holder. … (3) A conse...

9. Motiti Rohe Moana Trust and Others v Bay of Plenty Regional Council - Notes of Evidence - 27 November 2017 [pdf, 1.8 MB]

   BEFORE THE ENVIRONMENT COURT AT AUCKLAND ENV-2015-AKL-000134 ENV-2015-AKL-000140 ENV-2015-AKL-000141 BETWEEN MOTITI ROHE MOANA TRUST (ENV-2015-AKL-000134) NGĀTI MAKINO HERITAGE TRUST (ENV-2015-AKL-000140) NGĀTI RANGINUI IWI SOCIETY INCORPORATED (ENV-2015-AKL-000141) Appellants AND BAY OF PLENTY REGIONAL COUNCIL Respondent Hearing Commenced: 27 November 2017 held in Courtroom MERK w003 Court: Judge J Smith Judge D Kirkpatrick Commissioner K Prime

10. Waitangi Tribunal theme A - Old land claims [pdf, 7.2 MB]

    ...Pakeha land claims. He asked Maori: 'Is not the land gone? Is it not covered with strangers, over whom we have no power ... [?]'. He then appealed to Hobson: You must not allow us to become slaves. You must preserve our customs and never permit our lands to be wrested from us. 1 1 Maori continued this kind of debate at Mangungu on 12 February. There Taonui declared: 'the land is our father ... our chieftainship[,] we will not give it up;' to which Kaitoke added, ...