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New Zealand Engineering 1999 September Practice - Briefcase Appeal of Arbitrator's "final and
binding" Commerce Commission clears Australian Gas Light Company to buy Natural Gas Corporation Holdings Ltd Resource Management Amendment Bill introduced Council too late with Building Act Notice Appeal of Arbitrator's "final and binding" The court found that GRD was not prevented from seeking application for leave to appeal an arbitrator’s "final and binding decision" if there were grounds for the court to intervene. The court found it was not necessary to exclude a right of appeal by express reference to the 1996 Act and although there was a logical distinction between the appeal and the leave to appeal the practice was developing to treat these in the same fashion under Part X of the rules. Maori use of
Radio Spectrum "Maori were aware of the existence of various natural phenomena …- for instance, the use of light emitted by stars for navigation and incorporated them into their own philosophical world view…Maori were therefore using radio waves for their own purposes, though they (along with all others) lacked the technology we have today to enhance sight and sound. We therefore accept [the submission] … that, Maori had traditional knowledge of and used part of the electromagnetic spectrum, that it was in these ways their taonga, and that they have a Treaty right to the development of that taonga through technology that has subsequently become available." The Tribunal found the Ministry of Commerce had shown little interest in Treaty obligations to preserve Maori language and instead sold spectrum to the highest bidder - typically a foreign multinational. Commerce
Commission clears Australian Gas Light Company to buy Natural Gas Corporation Holdings Ltd Resource
Management Amendment Bill introduced The amendment will: a) narrow the definition of "environment" to limit the Act’s application to matters of health, safety, amenity and cultural values; b) open the way for private consent processors and commissioners; c) clarify local government jurisdiction; d) allow direct access to the Environment Court; e) require cost benefit calculations of all applicants; f) limit the ability of councils to implement plans under challenge; g) introduce limited notification; h) focus councils on matters at hand. Council too
late with Building Act Notice W successfully appealed conviction when the High Court disagreed with the District Court that W continued to be in breach of a notice to "cease forthwith" building a deck after the deck was completed. It held that W had not been given an opportunity to comply with the Act and that he must now do so. Items for Briefcase were summarised from The Capital Letter. For subscriptions call 0800 658 765. |
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