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1. [2013] NZEmpC 85 Aarts v Barnados New Zealand [pdf, 328 KB]

   ...interpreted extensively in cases turning on the liability of secondary parties in criminal law (see the commentary on s 66 of the Crimes Act 1961 in Garrow and Turkington, Criminal Law in New Zealand, 7th ed, 1991). [29] In 2008, however, the Court of Appeal cautioned against drawing too heavily on criminal law concepts in New Zealand Bus Ltd v Commerce Commission. 7 The Court was there dealing with s 83(b) of the Commerce Act 1986 which makes liable to a civil penalty a person...

2. LCRO 121/2017 PT v BD (25 July 2018) [pdf, 266 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:9 … 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...

3. [2018] NZEmpC 14 Hayashi v SkyCity Management Ltd [pdf, 422 KB]

   ...requires. It is not for the Court … to enter into a fact finding inquiry, of the kind which would be 5 C v Air Nelson Ltd [2011] ERNZ 207 (EmpC). The approach adopted by the Court was approved on appeal in Air Nelson Ltd v C [2011] NZCA 488, (2011) 8 NZELR 453. required for example, in a criminal proceeding. That is not the purpose of the question which the Court must answer under s 103A of the Act. [49] It would, howev...

4. Ashmore v Armstrong - Te Huruhi 12B (2021) 232 Waikato Maniapoto MB 219 (232 WMN 219) [pdf, 522 KB]

   ...Taitokerau MB 97 (132 TTK 97) at [30]. 20 Reid v Trustees of Kaiwaitau 1 Trust – Kaiwaitau 1 (2006) 34 Gisborne Appellate MB 168 (34 APGS 168) at [17]. 21 MacDonald v MacDonald - Wairau Block XII 6C2C [2016] Māori Appellate Court MB 370 (2016 APPEAL 370). 232 Waikato Maniapoto MB 237 (a) In Couch, five of 29 owners, holding 67.9% of the shares, supported a partition. Seven owners, holding 2.8% of the shares, opposed it. The Court concluded that, despite more owners...

5. 2023-09-15-Evidence-of-Anna-Carter-for-Prouse-Trust.pdf [pdf, 2.6 MB]

   ...site-specific management plans, and other certification required under NZS4404:2010. My experience relevant to this proposal includes: P a g e | 5 a) Provision of planning evidence in support of Waikanae Christian Holiday Park Incorporated appeal on the NOR for the McKays to Peka Peka (“M2PP”) as it related to road traffic noise, groundwater, biodiversity and access matters; and; and b) Preparation of assessment of effects for subdivisions and development including w...

6. [2018] NZEnvC 244 Director-General of Conservation v Thames-Coromandel District Council [pdf, 1.2 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2018] NZEnvC of the Resource Management Act 1991 of an appeal pursuant to Clause 14 of the First Schedule to the Act DIRECTOR-GENERAL OF CONSERVATION (ENV-2016-AKL-000149) Appellant THAMES-COROMANDEL DISTRICT COUNCIL Respondent Court: Principal Environment Judge LJ Newhook Environment Commissioner RM Dunlop Environment Commissioner RM Bartlett Environment...

7. BORA Foreshore and Seabed Bill [pdf, 125 KB]

   ...prima facie infringement is "demonstrably justifiable in a free and democratic society". I conclude that it is. Background to the Bill 3. The Bill is the Government's response to the substantial uncertainties created by the Court of Appeal's decision in Ngati Apa v Attorney General [2003] 3 NZLR 643 (CA). In that case the Court of Appeal held that: 3.1 No legislation could be said to have definitively extinguished a claim that particular iwi might have at common l...

8. [2021] NZACC 102 – Broad v ACC (16 November 2021) [pdf, 632 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 102 ACR 75/17 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN GINA BROAD Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 18 May 2021 Heard at: New Plymouth/Ngamotu Appearances: Ms S Mason for the appellant Ms A Miller for the respondent Judgment: 12...

9. Legal aid grants June 2021 [xlsx, 84 KB]

   ...is available at www.justice.govt.nz/courts/going-to-court/legal-aid/ Criminal grants Legal aid may be granted in respect of the following criminal matters: (a) criminal proceedings in the District Court, the Youth Court, the High Court, the Court of Appeal, or the Supreme Court: (b) appeals to the Judicial Committee of the Privy Council in criminal proceedings, where the Attorney-General certifies that a question of law of exceptional public importance is involved and that the grant of crimina...

10. [2022] NZEnvC 038 Land Matters Ltd v Wellington Regional Council [pdf, 593 KB]

    IN THE ENVIRONMENT COURT AT WELLINGTON I TE KOTI TAIAO O AOTEAROA KI TE WHANGANUI-A-TARA Decision No. [2022] NZEnvC 38 IN THE JvlATTER of appeals under cl 14 of Schedule 1 to the Resource Management Act 1991 BE1WEEN LAND MATTERS LTD (ENV-2019-WLG-000107) TRANSPOWER NEW ZEALAND LTD (ENV-2019-WLG-000108) MASTERTON DISTRICT COUNCIL (ENV-2019-WLG-000110) PORIRUA CITY COUNCIL (ENV-2019-WLG-000116) WELLINGTON FISH AND GAME COUNCIL (ENV-2019-WLG-000122) RANGITANE TU M...