Search Results

1. 2024-NZEnvC-016-Director-General-of-Conservation-v-Northland-Regional-Council.pdf [pdf, 1.6 MB]

   ...the appeal. Thus, as noted earlier, Te Make and Te Rarawa now utilise around 1.6Mm3 per annum. We accept that this is a significant increase in the extraction from the aquifer. However, the previous maximum extraction volume of 2.3Mm3 was permitted for a considerable period and it is within the Northland Regional Plan allocation limit for the subzone. The question needs to be decided whether we can vary the Stage 1 limits within the scope of the appeal. Balance of appeal i...

2. Moeahu v Winitana - Waiwhetu Pa No 4 (2014) 319 Aotea MB 166 (319 AOT 166) [pdf, 164 KB]

   ...310 Aotea MB 172-190 (310 AOT 172-190) 319 Aotea MB 170 Mr Winitana’s submissions [12] Mr Winitana contends that there have been no claims that he has personally profited from the transactions in question, merely that he was not expressly permitted by the Trust to make payments to his company, Ngamoko Energy Limited (“Ngamoko”). [13] Mr Winitana states that it is evident that there were widespread failures in the operation of the Trust, given that there is no trust order a...

3. HP v ST LCRO 292/2012 (20 January 2015) [pdf, 79 KB]

   ...Responsibility and the Lawyer. He says:9 When a lawyer seeks to terminate the lawyer-client relationship a good reason for doing so must exist. Moreover, if the retainer’s termination would cause considerable prejudice to the client, termination is not permitted. That the lawyer has undertaken too much work is not a justification for terminating the retainer once accepted, although it would have been a ground for declining it in the first place. Similarly, the fact a client is di...

4. CH v DX LCRO 296 / 2012 (10 October 2013) [pdf, 100 KB]

   ...4 Lawyers and Conveyancers Act (Lawyers: Complaints Service and Standards Committees) Regulations 2008. 5 Above n4. 4 of the Committee to seek Board approval after issuing its determination is not permitted by the words of the Regulation. [19] Because of the view that I have taken in this review, it is not necessary for me to determine those issues here. They will be dealt with either in communications between this Office and the Com

5. Te Runanga o Ngati Hine v Te Runanga a iwi o Ngapuhi [2013] Māori Appellate Court MB 89 (2013 APPEAL 89) [pdf, 148 KB]

   ...fisheries as “… the tentacles of the 2004 Act do not reach beyond” these. He acknowledged that the TRAION deed of trust, Schedule 3, provided for “withdrawal” by Ngāti Hine for fisheries purposes only. Even if it were interpreted as permitting “withdrawal” for all purposes, Judge Ambler considered he did not have jurisdiction to rule on the Tūhoronuku proposal. [14] In respect of the latter, he considered that ss 26C of the 1993 Act and ss 183 and 187 of the 2004 A...

6. [2020] NZEnvC 174 Hamilton City Council v Global Metal Solutions Limited.pdf [pdf, 3.7 MB]

   ...unjust effect. The extent to which the impact of immediate enforcement order would be unjust on the respondent depends on the circumstances and needs to be assessed separately in each case (AMP v Gun Sam Pty Limited (supra)). 4. The wide discretion permits the Court to soften, according to the justice of a particular circumstances, the application of rules, which though right in the general may produce an unjust result in the particular case (Warringah Shire Council v Sedevcic; 100 AMP v...

7. ENV-2016-AKL-000TBA Wallace Group Limited v Auckland Council [pdf, 2 MB]

   ...Porchester Road, triggers specific plan rules which impact upon 296 Porchester Road; (ii) Rule H17.6.0 Activities within 30m of a residential zone – activity status of identified activities located within 30 m of a residential zone changes from permitted to restricted discretionary; (iii) Rule H17.6.2. Height in relation to boundary – rule does not apply as between industrial zoned sites; (iv) Rule H17.6.4. Yards – buildings must be set back from a rear or side boundary...

8. BORA Prisoners’ and Victims’ Claims (Continuation and Reform) Amendment Bill [pdf, 425 KB]

   ...ordered that an award of damages be made free from attachment of unrelated civil debts,[26] and that Court has continued to describe any deduction or attachment as ‘incongruous’, the position is now settled that it is open to Convention states to permit such deductions.[27] The same broad conclusion may be drawn from dicta in New Zealand and other jurisdictions that damages awards under human rights instruments can properly be subjected to the same sorts of reasonable conditions and...

9. LCRO 25/2016 RZ v LB [pdf, 229 KB]

   ...processes”.5 An abuse arises when a proceeding is brought with an improper motive or to obtain a collateral advantage beyond that legitimately gained from a court proceeding.6 [40] Section 44 of the District Courts Act 1947 (then in force) permitted a judge to order a transfer to the High Court of a misfiled proceeding. However, it seems probable to me that a judge faced with proceedings for which there was a complete absence of District Court jurisdiction, and which was known...

10. 2017 NZSSAA 019 (1 May 2017) [pdf, 172 KB]

    ...employer, which casual work did not necessarily convey. [50] It would appear that the weekly period for calculation has been set mainly because Jobseeker Support is intended as short term support. Some of the benefits, where an annual allocation is permitted, appear to have regard to the irregularity of expenditure over longer periods. For example, dependent children have needs such as school uniforms and the like which require a wider consideration for an equitable outcome. In some...