Search Results

1. [2019] NZEnvC 012 Ohau Protection Society v Waitaki District Council [pdf, 7.2 MB]

   ...adjoining landform. Rehabilitation works must be undertaken within 3 months following the completion of physical works in any one area. 28. It is prohibited to undertake any earlhworks or excavations within 20 metres of any waterway, except where permitted by the District Plan. 29. The consent holder must ensure that suitable sed iment control and soil run-off measures are in place during the earthworks phase of the construction. Review of Consent 30. The Waitaki District Council ma...

2. Albert v Winitana - Heiotahoka 2B, Te Kopani 36 and Te Kopani 37 Ahu Whenua Trust (2015) 52 Tairawhiti MB 136 (52 TRW 136) - (PDF, 212 KB) [pdf, 212 KB]

   ...[29] I further note that whilst it may have been beneficial to vote for these positions when all the trustees are present, that did not happen in this case. Such a vote cannot be rendered unlawful where clearly the trust order and s 227 of the Act permit a majority of trustees to make decisions such as this. In this case a majority of trustees were present at the September 2014 hui and in the absence of any further evidence they were able to put and pass a vote of no confidence in t...

3. Wilson - The Heke and Miriama Hirini Whānau Trust (2016) 56 Tairawhiti MB 239 (56 TRW 239) [pdf, 205 KB]

   ...47 At [30]. 56 Tairawhiti MB 250 is familiar with, for the next generation of owners it is nonetheless necessary. It would undermine the reasons for the trust’s establishment if partial termination were permitted in terms of all the applicants’ shares at this time. Whānau trusts prevent fragmentation and enable retention and that is what I must consider. [39] Trustees also act for the benefit of all the descendents of those persons whose

4. Jacobsen v Zhou [2015] NZHRRT 38 [pdf, 71 KB]

   ...service supplied such service to the public but refused to provide the complainant with the service by reason of a prohibited ground of discrimination. It is then for the alleged discriminator to show that his, her or its actions came within one of the permitted statutory exceptions or within s 21B of the Act. [27] As to the causation requirement, the refusal or failure to provide goods, facilities or services or the treatment of a person less favourably in connection with the provision...

5. LCRO 247/2015 TL v CS (19 July 2017) [pdf, 240 KB]

   ...the former client would be undermined. [32] Rules 8.7 and 8.7.1:16 … reflect the exercise by the Court of its inherent jurisdiction to control its own processes, one of the aspects of which is the power to determine which persons should be permitted to appear before it as advocates. [33] For the prohibition in rule 8.7.1 to apply, the circumstances described in paragraphs (a) to (d) of the rule must all be present. [34] Paragraph (a) requires that “the practice or a lawy...

6. [2024] NZEnvC 056 Hastings District Council [pdf, 222 KB]

   ...subdivision to the provision of permanent housing within an affected landowner's community of interest. [10] Two new rules are to be inserted which would allow the creation of lifestyle lots in the Rural and Rural-Residential zones. The subdivision permitted by PC6 does not need to comply with the 30.1.6 Subdivision Site Standards and Terms which provide for minimum net site areas. However, compliance is required with all relevant subdivision site and general site rules speci...

7. Legal aid consultation paper: new family legal support - September 2013 [pdf, 457 KB]

   ...have the same lawyer represent them under legal aid, if eligible. Legal aid will be available to eligible people for without notice applications and during parts of the Family Court process for on notice applications where legal representation is permitted. Nature of legal service Cabinet has approved the provision of up to four hours funded out of court legal support from the early stages of a dispute up until and including assistance with court entry forms (if the case proceeds to...

8. Layton v Aon New Zealand Ltd [2018] NZHRRT 48 [pdf, 286 KB]

   ...following remedies: (a) a declaration that the action of the defendant is an interference with the privacy of an individual: (b) an order restraining the defendant from continuing or repeating the interference, or from engaging in, or causing or permitting others to engage in, conduct of the same http://www.legislation.govt.nz/act/public/1993/0028/latest/link.aspx?id=DLM297469 http://www.legislation.govt.nz/act/public/1993/0028/latest/link.aspx?id=DLM297473 9 kind as that constitu...

9. Burns v Argon Construction Ltd [pdf, 42 KB]

   ...pay Argon for the proposed remedial work. Exhibit GKD16, produced by Mr Dye, is a letter dated 28 July 1997 from Mr Cleary to Argon. This letter establishes that Mr Cleary made an offer to Argon to let losses lie where they fall provided the permit plans were returned to him. Mr Dye states that after this date no further payment was made to Argon and the plans were returned to Mr Cleary. The evidence of Mr Dye is unchallenged. [23] Mr Cleary, in his affidavit dated 20 Ma...

10. [2018] NZSAAA 1 (17 January 2018) [pdf, 256 KB]

    ...his case on three reasonably distinct grounds. The first and main argument is that the discretion conferred by reg 12A(1)(a)(ii) is a wide one that should be exercised where “there are reasons beyond the student’s control that warrant him being permitted to study on a LFT basis” and that in exercising this discretion StudyLink ignored relevant considerations and took into account irrelevant matters. In particular his solicitor argues that StudyLink should have taken into account bo...