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1. LCRO 369/2013 WS v AD (29 August 2017) [pdf, 334 KB]

   ...had produced that lease at the Tribunal hearing as part of the defence to NDT’s claim. [43] In considering NDT’s application for a rehearing, the Tribunal Referee rejected the argument that Mr AD had fabricated the lease document. [44] NDT appealed the Tribunal’s original decision dismissing its claim, and the District Court ordered the Tribunal to rehear the claim. This was on the basis that Mr WS had not been given sufficient time to consider documents that had been prov...

2. ENV-2016-CHC-000071 Affidavit of Mr Murray Valentine [pdf, 18 MB]

   ...included at Tab C of the Bundle. 19 Both the Simons Hill and Simons Pass decisions dealt in detail with terrestrial ecology and landscape which included the effects of the clearance of vegetation on the areas to be irrigated. Environment Court appeals 20 Following the grant of consent, Royal Forest & Bird filed an appeal to the Environment Court against the grant of consent. Mackenzie Guardians Inc. became a s274 party to these appeals. 21 What followed was a long process of...

3. Non-discrimination standards for government guidelines [pdf, 392 KB]

   ...political institutions which enhance the participation of individuals and groups in society. 10 R v Oakes [1986] 15 CR 103. 23 How to apply section 5 of the Bill of Rights Act The New Zealand Court of Appeal, in Moonen v Film & Literature Review Board,11 has developed a set of guidelines for assessing whether any limitation imposed on a right or freedom affirmed by the Bill of Rights Act is “demonstrably justified” in terms of sec...

4. [2022] NZEnvC 165 Wilson Parking Limited v Christchurch City Council [pdf, 4.9 MB]

   WILSON PARKING LIMITED v CCC – CONSENT ORDER IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2022] NZEnvC 165 IN THE MATTER of the Resource Management Act 1991 AND an appeal under s 120 of the Act BETWEEN WILSON PARKING LIMITED (ENV-2022-CHC-18) Appellant AND CHRISTCHURCH CITY COUNCIL Respondent Environment Judge J E Borthwick – sitting alone under s 279 of the Act In Chambers at Christchurch Date of Consent Order:...

5. [2022] NZEnvC 225 Inglis v Tasman District Council [pdf, 1.7 MB]

   IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KOTI TAIAO O AOTEAROA KI OTAUTAHI IN THE MA TIER AND BET\VEEN AND Decision No. [2022] NZEnvC 225 ofthe Resource Management Act 1991 an appeal under s358 of the Act PETER GEOFFREY THOMAS INGLIS (ENV-2022-CHC-12) Appellant TASMAN DISTRICT COUNCIL Respondent Environment Judge J J M Hassan - sitting alone under s279 of the Act In Chambers at Christchurch Date of Consent Order: 3 November 2022 CONSENT ORDER A: Und...

6. Deputy Registrar v Graham - Parehuia June Durie Kaitiaki Trust (2015) 334 Aotea MB 201 (334 AOT 201) [pdf, 282 KB]

   ...to go to anyone other than the two individuals he considered were his legitimate offspring. [16] The Court, in accordance with the terms of the will, subsequently issued succession orders. I am not aware of any applications for rehearing or appeal or of any proceedings brought to challenge the will of Tino Tangata Charles Durie. So his intentions were fulfilled and his daughter Parehuia Durie and his son Noa Durie were the sole and unchallenged successors to his land. Noa Duri...

7. [2011] NZEmpC 27 C v Air Nelson [pdf, 229 KB]

   ...of the Act. [49] It would, however, be illogical for the Court to not be able to consider the factual rationale for the employer’s belief. The principles are, in my view, succinctly contained within the following statement by the Court of Appeal in the Airline Stewards and Hostesses case where at 993 the Court said: What are reasonable grounds for a belief of misconduct must depend on the facts of each case. But at the time when the employer dismissed the employee the empl...

8. Mane-Waihou A8C1B1 (2018) 169 Taitokerau MB 108 (169 TTK 108) [pdf, 602 KB]

   ...of intention to create a trust; certainty of subject matter (that is, the property subject to the trust and the extent of the beneficial interest of each beneficiary); and certainty of objects. These requirements were summarised by the Court of Appeal in Foreman v Hazard as follows:26 Property may be impressed with an express trust in one of two ways: either by a declaration of trust which involves a change in equitable ownership but not in legal title, or by a transfer of property...

9. 2022-12-07-Decision-on-Application-to-Remove-Counsel-Assisting.pdf [pdf, 390 KB]

   ...of that inquiry) is an inquisitorial process that is different, in many respects, from a criminal or civil trial. It is useful to reproduce a passage from the Laws of New Zealand, which was affirmed as a correct statement of law by the Court of Appeal in Newton v Coroners Court:2 [25] General A Coroner’s Court is a Court of record. A Coroner’s inquest is a judicial hearing presided over by a warranted judicial officer, who has most of the ancillary powers of a District Cour...

10. Regulatory Impact Assessments

    ...of Justice. It provides analysis of options to reform and modernise criminal procedure developed by the Criminal Procedure (Simplification) Project. October 2010. RIA - Criminal Procedure Simplification Regulatory Impact Assessment: Fee for lodging appeals to the Immigration and Protection Tribunal The Ministry is tasked with the setting of an appropriate fee for the lodging of appeals to the Immigration and Protection Tribunal (IPT). October 2010. RIA - Fee for lodging appeals to the Immigrat...

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