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Parininihi Ki Waitotara Incorporation- Section 53 Block IX, Opunake Survey District (2005) 159 Aotea MB 146 (159 AOT 146) [pdf, 1.2 MB]

...status change remains, albeit in a limited range of situations. It is simply a question of dealing with each particular application on its merits, taking into account the necessary con..''l'iderations. " [14J The High and Court of Appeal judglnents, Edwards v Maori Land Court and Bruce v Edwards [2003] 1 NZLR 515 were cited by counsel. In1portant obiter statelnents were Inade in the High Couti decision concerning the rights of owners and the views of the preferred...
[2011] NZEmpC 31 Ravnjak v Wellington International Airport Ltd [pdf, 262 KB]

...rapid technological development of which the general field of photography, both still and moving, is a prime example. [27] As Mr McBride submitted, courts take account of these realities. In Frucor Beverages Ltd v Rio Beverages Ltd 2 the Court of Appeal noted: … the Court should strive to arrive at a meaning which gives effect to [Parliament’s] intention. The principles of interpretation which assist the Courts in that exercise are well established. They reflect commonsense...
8 October 2024 MEP King Shag & IBA Preliminiary Issue [pdf, 314 KB]

...Nelson Haven & Tasman Bay (Inc) v Marlborough District Council The Royal Forest and Bird Protection Society of New Zealand Incorporated v Marlborough District Council Environmental Defence Society Incorporated v Marlborough District Council Appeal By Submitter On Proposed Policy Statement Or Plan pursuant to Clause 14 of the First Schedule of the Resource Management Act 1991 Appeal By Submitter On Proposed Policy Statement Or Plan pursuant to Clause 14 of the First Schedu...
Puohotaua v Paranihi - Rakato and Part Rakato B Maori Reservation (2024) 487 Aotea MB 53 [pdf, 298 KB]

...appointment until 2023. If she had known about the appointment she submits that she would have objected. No reasons were given as to why she would have objected. 10 Henderson v Brooking – Wharekahika A47 [2023] Māori Appellate Court MB 17 (2023 APPEAL 17) at [28]. 11 Section 240(1)(b)(i) and (iv) of the Act. I note that s240(1)(b)(i) of the Act deliberately uses the word “repeatedly” suggesting that any evidence of refusing or failing to act, must be more than a one off. The...
2016 archive

...sexual violation cases where more than two complainants allege a sexual violation offence against the aided person are now an automatic inclusion criteria the case plan has been shortened, questions are clearer and more relevant a new case plan for HCC appeal cases has been developed. The HCC webpage has been updated to reflect these changes From 1 April 2016 all new cases entering into the HCC framework should use the updated case plans. It is not mandatory to transition existing cases on to...
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Appearing in court - what you need to know

...will be required to stand whenever the judge enters or leaves the courtroom. A judge of the High Court must be addressed as Your Honour, Sir (male) or Ma’am (female). If you want to refer to another judge: a judge of the High Court, Court of Appeal or Supreme Court is referred to as Justice [Surname] a judge of the District Court is referred to as Judge [Surname] Anyone addressing a judge, or being spoken to by a judge, should stand up. Don’t interrupt when the judge is speaking. It...
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Fee system for alcohol licensing

...exclusive of GST. Table 4: Fees payable for other applications Application type Total amount payable Amount of total fee transferred/paid to ARLA Manager's certificate application $275 $25 Temporary authority $258 n/a Temporary licence $258 n/a Appeal to ARLA $450 n/a (paid directly to ARLA) Extract of register (ARLA or DLC) $50 $50 of an extract is sought from the ARLA register Permanent Club Charter (annual fee due on 30 June of each year and paid to ARLA) $550 n/a Back to top...
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What to expect in the courtroom

...also allows evidence to be given by video conference if the judge or registrar agrees and parties consent. Courts (Remote Participation) Act 2010 Under section 103 of the Evidence Act 2006, applications can be made to the Supreme Court, the Court of Appeal, the High Court and any District Court, Family Court or Youth Court for witnesses to give evidence in an alternative way. Alternative ways are outlined in section 105. Video conferencing would be suitable if a witness gives evidence: from an...
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LCRO 239/2016 RY v P AN and T AN (25 September 2018) [pdf, 314 KB]

...scope of review [31] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:5 … 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...
[2021] NZEnvC 141 Waimakariri District Council [pdf, 501 KB]

...in the terms sought. The general inherent jurisdiction of the courts to do so in a civil context is discussed in the Supreme Court decision in Erceg.2 Section 279, 2 Erceg v Erceg [2016] NZSC 135 at [7] citing various cases from the Court of Appeal 5 RMA allows me to make orders in the course of proceedings. I am satisfied this is sufficiently broadly framed to enable the orders sought in this case. I note this was the view of former Principal Environment Judge Newhook in...

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