Search Results

1. [2019] NZEnvC 033 Liu v Auckland Council [pdf, 457 KB]

   ...administrative decision by the Council authorising use of certain residential property as emergency housing. The Tribunal held that as there had been no application for resource consent, such use coming within the relevant plan provisions for a permitted activity, there was therefore no right of appeal under s 120 RMA. Again, the circumstances of that case are clearly distinguishable from the present case. [44] In my view it goes too far to say that the appeal is a nullity. In ordin...

2. [2008] NZEmpC CC 4A/08 Sefo v Sealord Shellfish Ltd [pdf, 86 KB]

   ...2006. Although it regarded itself as unable to begin a disciplinary process until released from the requirements of confidentiality imposed by Mr Anderson and Mr Gardner and that did not occur until shortly before 23 June, Sealord nevertheless permitted Ms Sefo to continue working as normal during that period. Indeed the evidence shows that it discussed with her the possibility that she might assume a more responsible position in the workplace. That seems to be more consistent with...

3. Matthews v Matthews - Estate of Graham Ngahina Matthews [2015] Māori Appellate Court MB 512 (2015 APPEAL 512) [pdf, 272 KB]

   ...tried to farm and occupy these lands. [33] The vesting of these interests in one person has the benefit of avoiding fragmentation – a tendency which Graham opposed and saw as a cause of loss of land from Māori ownership. [34] Vesting in Duncan permits him to continue to farm the lands. This has the benefit of providing him with an incentive to best manage the lands whilst carrying out the stewardship passed on to him by his father. [35] By declining to grant the vesting order a...

4. Regulatory Impact Statement Vulnerable childrens bill child harm prevention orders [pdf, 234 KB]

   ...comparisons 106. The White Paper for Vulnerable Children Volume II sets out in detail steps that comparable jurisdictions have taken to protect children. In Australia, Child Protection Prohibition Orders provide a preventative mechanism that permits courts to order that registered offenders not engage in certain types of behaviour or employment, go certain places, or contact certain people. 107. In the United Kingdom the courts can impose a Disqualification Order to prevent an...

5. Blueskin Amenity and Landscape Society (BALS) (dated 1 June 2017) [pdf, 850 KB]

   ...facilitate the development. 15 We acknowledge that the planners have considered the second Fulton Hogan report as part of their conference. 19 effect of the works can be taken into consideration even though they are on road reserve and/or permitted under the District Plan”. The Appellant responded by supplying a second (and substantially different) report from Fulton Hogan. 49. The new transportation report raises considerably more questions than it answers. Its conclusio...

6. Case study on forestry - Recommendations Recap issue 4 [pdf, 316 KB]

   ...so was struck, either by the detached limb as it had swung from the south towards the north, or by the tree itself. Post-mortem toxicological testing revealed the presence of methylamphetamine recorded at 0.4mg/L. However, the evidence did not permit the coroner to make any finding upon whether the drug was a factor contributory to this accident. COMMENTS AND RECOMMENDATIONS The coroner commented that this tragedy may have been avoided if the deceased had, in accord with proper f...

7. Auckland City Council as Assignee v Russell [pdf, 126 KB]

   ...and the plaintiffs continued in that position for some three years with two children aged 5 and 3 years and Mrs Bronlund pregnant with a third (presumably from the beginning of that time). The Council was found negligent in the issuing of the permit allowing construction of the dwelling and liable for that amount of general damages. 13.4 In Stevenson Precast Systems Ltd v Kelland (CP 303-SD/01: High Court Auckland: 9/8/01: Tompkins J) $20,000.00 was apparently awarded as gen...

8. ENV-2016-CHC-000047 Blueskin Energy Limited v Dunedin City Council - Application - Appendix C1 [pdf, 835 KB]

   ...achieving aesthetic coherence. These are described above. Located on a hill summit typically viewed in silhouette, it is important the surface finish to the turbines is sky-related. A light grey colour finish is appropriate. Considering the permitted baseline for farm and shelter plantings and their potential for visual disruption, the wind cluster will have much lesser visual effect. Positioned on the hill summit, with the machines perched high on slim towers, the turbines do no...

9. Adoption in Aotearoa New Zealand: Summary document - Large print [pdf, 422 KB]

   ...Copyright (Marrakesh Treaty Implementation) Amendment Act 2019. It is for your own personal use and cannot be shared with anyone else. The author and publisher reserve the right to take legal action if the Act is breached. No unauthorised copying is permitted. Produced 2021 by Accessible Formats Service, Blind Low Vision NZ, Auckland Total print pages: 20 Total large print pages: 43 Although all reasonable steps have been taken to ensure the accuracy of the information co...

10. Richards - Karaka Huarua A and B (2004) 98 Whangārei 273 (98 WH 273) [pdf, 4.7 MB]

    ...Indeed, at the next sitting of the Court Mr Karena stated that the parties had agreed to disagree. Submissions fn support 01 the Appffcatlon Mr Karena, supported by other owners in the Land provided lengthy submissions as to why they should be permitted to partition their interests in the Land. Those submissions included that: (a) the Applicants are desirous of creating a place for themselves and their respective whanau on the Land free from the influence of other owners. Their combi...