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1. [2017] NZEnvC 174 New Zealand Transport Agency v Marlborough District Council [pdf, 13 MB]

   BEFORE THE ENVIRONMENT COURT Decision No. [2017] NZEnvC 174 IN THE MATTER of the Resource Management Act 1991 AND of an appeal pursuant to s 120 of the Act BETWEEN NEW ZEALAND TRANSPORT AGENCY (ENV-2016-CHC-27) Appellant AND MARLBOROUGH DISTRICT COUNCIL Respondent AND J M &A P LIMITED Applicant Court: Environment Judge J R Jackson Environment Commissioner K Edmonds Environment Commissioner R Howie Hearing: In Blenheim on 31 May & 1, 2 June 2017 (Final submissi...

2. LCRO 159/2017 YB v WD [pdf, 147 KB]

   ...scope of review [25] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:3 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that p...

3. LCRO 122/2015 NP v AO (21 May 2018) [pdf, 178 KB]

   ...scope of review [28] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

4. Cabinet Paper - Privacy Bill 2018 - Approval for Introduction and Additional Policy Decisions [pdf, 354 KB]

   ...affected individuals. 3 12.2. Compliance notices: The Commissioner will be able to issue compliance notices to require an agency to do something, or stop doing something. The Human Rights Review Tribunal can enforce compliance notices and hear appeals. 12.3. Strengthening cross-border data flow protections: New Zealand agencies (the name used for any entity handling personal information) will be required to take reasonable steps to ensure that personal information disclosed over...

5. BORA Public Safety (Public Protection Orders) Bill [pdf, 352 KB]

   ...breach of the ss 22 and 26 rights, or to permissible civil committal. 19. The leading New Zealand decision on the distinction between penal and civil measures is Belcer v Chief Executive of the Department of Corrections, in which the Court of Appeal examined the consistency of extended supervision orders under the Parole Act 2002 with s 26(2) of the Bill of Rights Act.[18] 20. The Court usefully framed the issue as follows:[19] “It is not uncommon for legislation to provide f...

6. [2017] EmpC 158 Car Haulaways Ltd v First Union Inc [pdf, 282 KB]

   ...hitherto applied in respect of strike and lockout notices concerning essential services, cannot be said to apply to the relatively recently enacted provisions of s 86A of the Act. The new provision took effect on 6 March 2015. [28] The Court of Appeal reviewed issues of compliance in respect of notices relating to essential services in New Zealand Airline Pilots’ Assoc IUOW Inc v Air Nelson Ltd.4 As was made clear in that case, the purpose of the notice requirement is to prot...

7. LCRO 204/2021 UX v AK (28 April 2022) [pdf, 162 KB]

   ...scope of review [36] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:2 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

8. LCRO 202/2018 HB v MD (26 June 2020) [pdf, 172 KB]

   ...scope of review [33] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:6 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

9. LCRO 054/2017 VM v CR (31 July 2017) [pdf, 176 KB]

   ...scope of review [21] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:4 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

10. Puohotaua v Cribb (2019) 402 Aotea MB 230 (402 AOT 230) [pdf, 399 KB]

    ...duties of a trustee satisfactorily; or (b) because of lack of competence or prolonged absence, the trustee is or will be incapable of carrying out those duties satisfactorily. [19] The approach regarding removal was considered by the Court of Appeal in Rameka v Hall where that court confirmed.8 [30] The settled approach in the Maori Appellate Court in applying s 240 is to make an assessment of these standard duties together with what the Court has described as: … the bro...