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1. International Covenant on Civil and Political Rights - government reply to issues 5th report [pdf, 458 KB]

   ...leave if an assembly were unlawful or individuals behave in a disorderly manner, or breach or threaten to breach the peace, or unreasonably infringe the rights of others, or create a civil nuisance. The Court cited Article 21 of the Covenant which permits restrictions on the right to peaceful assembly “in conformity with the law and which are necessary in democratic society in the interest of national security or public safety, public order (ordre public), the protection of public...

2. [2023] NZEnvC 245 The Adare Company Limited v Hamilton City Council [pdf, 1.3 MB]

   ...6A Neighbourhood Centre Zone – NCZ NCZ – PREC1-PSP: Neighbourhood Centre Zone - Peacocke NCZ – PREC1-PSP: RULES - ACTIVITY STATUS NCZ – PREC1- PSP: R13 Healthcare services Neighbourhood Centre Zone Activity Status: Permitted Where the following are complied with: PER-1 1. NCZ R46- R52 PER-2 2. The total GFA is less than 250m2 per neighbourhood centre. Activity Status where compliance is not achieved with PER-1: Restricted Discretiona...

3. [2017] NZEnvC 058 Hokio Trusts v Manawatu-Wanganui Regional Council [pdf, 4 MB]

   ...dewatered area in the strip one chain in width around the original margin of the lake shown on 5023584 and part bed of Hokio Stream and part strip of land one chain in width along portion of the north bank of the said stream. BN33:892-026 WATER PERMIT ATH·2015200301.00 Divert Water From Lake Horowhenua Through A Fish Pass Structure Expiry: 35 years LAND USE CONSENT ATH·2015200302.00 To Drain The Lake Bed Of Lake Horowhenua Through A Fish Pass Structure adjacent To the Lake Horow...

4. [2017] NZEnvC 073 Ngai Te Hapu Incorporated v Bay of Plenty Regional Council [pdf, 28 MB]

   ...container vessel that ran aground on Astrolabe/Otaiti reef (Otaiti) on 11 October 2011. The application was originally to dump the remains (as that term is defined under the RMA). However the Applicant now seeks to "abandon" the remains and permit future discharges of identified contaminants subject to comprehensive conditions of consent. [2] The Applicant is not the owner of the vessel. The intention is to transfer the vessel to the Applicant and to place the Applicant in f...

5. [2020] NZEmpC 139 KiwiRail Ltd v Mobbs [pdf, 450 KB]

   ...(CA) at 81−82. 24 See in particular Vector, above n 5, per Tipping J. 25 Chartbook, above n 11, at [21]. 26 At [23]. [30] It was in that context that he said the use of “red ink or verbal rearrangement or correction” would be permitted, but that it should be clear something had gone wrong with the language, and it should be clear what a reasonable person would have understood the parties to have meant.27 Rectification principles [31] KiwiRail’s second claim...

6. [2019] NZEmpC 113 Genesys Telecommunications Laboratories Ltd v Scott [pdf, 576 KB]

   ...reallocate the tasks formerly undertaken by Mr Scott to RG; and because redeployment had not been properly considered. In other words, Genesys was the author of its own misfortunes, and should not, when it comes to considering reinstatement, be permitted to have the advantage of its own shortcomings. [116] Mr Eggleston also referred to the well-known dicta in Ashton v Shoreline Hotel, where former Chief Judge Goddard referred to the important criterion that employees are entitle...

7. LCRO 174/2018 GL v TE (18 June 2020) [pdf, 296 KB]

   ...required”, and “access to income”. They would not, however, have access to the capital during their lifetimes.1 [5] For that reason, before Ms HN, the lawyer who acted in the administration of Mr GL’s father’s estate and for his trust, would permit the resettlement, Mr GL was required to retire as trustee, and appointor of his trust.2 [6] On 25 October 2012, Mr GL signed deeds of nomination, variation and retirement, and appointment all prepared by Mr TE whereby Mr G...

8. LCRO 194/2017 MA v NB, OC and PD (20 September 2019) [pdf, 344 KB]

   ...LJ in Hardwick Game Farm v Suffolk Agricultural Poultry Producers Assn Ltd:5 In giving its reasons for judgment [a Court] is not composing a general lecture upon a legal topic: it is setting out as succinctly as the time available for preparation permits, those propositions of law which it considers are correct, and which are essential steps in the decision it has reached in the particular case. It is not obliged to state an answer to the arguments against the propositions of law which...

9. [2022] NZEnvC 160 Tararua District Council v Manawatu-Wanganui Regional Council [pdf, 1007 KB]

   ...discharge treated wastewater to water under Rule 14-30 of the One Plan; (b) Discharge to air (primarily odour) pernut under Rule 15-17 of the One Plan; Application dated 27 August 2018 (application), s 42A Report Planning at [6]. 3 (c) Discharge Permit to discharge partially treated wastewater to land via seepage from pond 1 and maturation ponds under Rule 14-30 of the One Plan; (d) Discharge Permit to discharge tertiary treated wastewater to land where it may enter water vi...

10. [2017] NZEnvC 073 Ngai Te Hapu Incorporated v Bay of Plenty Regional Council [pdf, 28 MB]

    ...container vessel that ran aground on Astrolabe/Otaiti reef (Otaiti) on 11 October 2011. The application was originally to dump the remains (as that term is defined under the RMA). However the Applicant now seeks to "abandon" the remains and permit future discharges of identified contaminants subject to comprehensive conditions of consent. [2] The Applicant is not the owner of the vessel. The intention is to transfer the vessel to the Applicant and to place the Applicant in f...