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1. [2018] NZEmpC 77 Jones v Downer NZ Ltd [pdf, 482 KB]

   ...Clerical IUOW v Greenwich [1983] ACJ 965, (1983) ERNZ Sel Cas 95 (AC) at 104. 4 Auckland Shop Employees Union v Woolworths (NZ) Ltd [1985] 2 NZLR 372 (CA) at 374. 5 At 374 – 375. [60] Breaches of duty were discussed by the Court of Appeal in Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW (Inc) as follows:6 In such a case as this we consider that the first relevant question is whether the resignation has been caused b...

2. Te Rununga o Ngati Hine - Determination of dispute between Te Rununga o Ngati Hine and Te Rununga a Iwi o Ngapuhi (2011) 28 Taitokerau MB 217 (28 TTK 217) [pdf, 216 KB]

   ...trustee or agent, of rent, purchase money, royalties, or other proceeds of the alienation of land, or of any compensation payable in respect of other revenue derived from the land, affected by any order to which an application under section 45 or an appeal under Part 2 relates. (2) Notwithstanding anything in the Crown Proceedings Act 1950, any injunction made by the Court under this section may be expressed to be binding on the Maori Trustee. (3) Any injunction made by the Court...

3. [2015] NZEnvC 137 Tram Lease v Auckland Transport and Auckland Council [pdf, 813 KB]

   1 BEFORE THE ENVIRONMENT COURT Hearing at: Court: Appearances: Decision No. [2015] NZEnvC \~1 IN THE MATTER of an appeal under a decision on one of the Notices of Requirement for the City Rail Link pursuant to sl74 of the Resource Management Act 1991 (the Act) BETWEEN TRAM LEASE LIMITED (ENV-2014-AKL-000057) Appellant AND CJM INVESTMENTS LIMITED A party under s274 RMA AND AUCKLAND TRANSPORT Respondent/Requiring Authority AND AUCKLAND COUNCIL Territorial Aut...

4. Impact summary RIA Extended Control Orders [pdf, 369 KB]

   ...Corrections Sentence for breach of conditions (MOJ estimate based on costs of breach of Returning Offenders Order). $6,000 per individual Court costs For returnees, costs were estimated at approximately $75,000 based on two hearings and an appeal for each application (e.g. interim order, final order and appeal). Assume an individual would appeal and/or seek variation in conditions. Estimate based on average cost of High Court civil case and appeal to Court of Appeal....

5. LCRO 113/2021 VN v [Area] Standards Committee [X] (27 June 2022) [pdf, 218 KB]

   ...scope of review [32] 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...

6. [2023] NZEnvC 105 Wilson v Waikato Regional Council [pdf, 720 KB]

   WILSON v WAKATO REGIONAL COUNCIL – FINAL DECISION IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2023] NZEnvC 105 IN THE MATTER of the Resource Management Act 1991 AND of an appeal under s120 of the Act BETWEEN WARWICK SUTHERLAND WILSON (ENV-2020-AKL-51) Appellant AND WAIKATO REGIONAL COUNCIL Respondent AND OHINAU AQUACULTURE LIMITED Applicant Court: Environment Judge J J M Hassan Environment Commissioner K A...

7. LCRO 211/2018 AB v CD (3 July 2019) [pdf, 256 KB]

   ...scope of review [76] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:8 … 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. Needham v Accident Compensation Corporation (Cover for Occupational Noise-induced Hearing Loss) [2024] NZACC 133 (5 August 2024) [pdf, 314 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2024] NZACC 133 ACAR 042/23 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN HOWARD NEEDHAM Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 10 July 2024 Heard at: Dunedin/Ōtepoti Suplementary Submission Received: 25 July 2024 Appearances: Mrs C Needham represented her husband...

9. 2021 archive

   ...Zealand at Alert Level 2, and the advice provided on 8 September 2021 also remains the same. Thank you again for your continued cooperation. Clarifying processes for managing body samples taken during a post mortem 30/09/2021 - In response to the Court of Appeal decision in Milner v R [2019] NZCA 619, the Ministry of Justice has made changes to how post mortem samples are managed.    When charges filed in relation to a death, the control over samples will pass from the coroner to...

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10. Taueki v McMillan - Horowhenua 11 (Lake) (2014) 324 Aotea MB 144 (324 AOT 144) [pdf, 311 KB]

    ...records of the Court Horowhenua 11 (Lake) block is Māori freehold land 400.9234 ha in area. It was created by partition order dated 19 October 1898 and vested in trustees as a reserve for a fishing easement following a series of hearings and an appeal. 1 The original trustees were Makere Te Rou, Hema Henare, Haare Taueki, Himiona Kowhai, Taare Porotene, Ariki Raorao, Kereihi Tomo, waata Muruahi, Rihipeti Tamaki, Rewi Wirihana, Wirihana Hunia, Rangimairehau, Hoani Puihi and Raniera...