Search Results

1. 2021-03-18 Fish & Game opening subs [pdf, 298 KB]

   ...those pathways to provide for appropriate outcomes, to consider how 2101895 | 5860754v1 page 10 effects will be considered, and against what baseline effects will be assessed. 32 This is a live issue that is currently the subject of an appeal to the High Court by Fish and Game, against the Environment Court's decision on Plan Change 5A9 which set minimum flows and allocation limits for the Lindis catchment, in Otago. 33 Fish and Game are appealing on the basis th...

2. LCRO 34/2018 GR v [Area] Standards Committee [X] [pdf, 199 KB]

   ...of review [42] The nature and scope of a review have been discussed by the High Court, which has said of the process of review under the Act:11 … 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. Stirling - Opape No 1A No 1B [2020] Chief Judge's MB 526 (2020 CJ 526) [pdf, 323 KB]

   ...[25] The issues to determine in this case are: 2 [2020] Chief Judge’s MB 266-285 (2020 CJ 266-285) 3 [2009] Chief Judge’s MB 209-225 (2009 CJ 209) 4 [2010] Maori Appellate Court MB 167 (2010 APPEAL 167) 2020 Chief Judge’s MB 538 (a) Whether the Court made a mistake or whether there was an omission in the presentation of facts presented to the Court; and (b) If so, is it necessary in the interests of justice to remed...

4. ZA v YB LCRO 164/2013 (31 August 2016) [pdf, 93 KB]

   ...and 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: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...

5. Complaints Assessment Comittee 404 v Hawkins [2017] NZREADT 16 [pdf, 214 KB]

   ...we have felt obliged to take into account is Mr Hawkins’ failure to advise the Tribunal that a finding of unsatisfactory conduct was made against him by a Complaints Assessment Committee on 4 May 2015. Mr Hawkins’ response was that he was appealing against that decision, but that does not give grounds for his assertion that neither the complaint nor the finding had been made. The subdivision [7] Mr Hawkins is a licensed salesperson. In June 2012 he began working with Tremain...

6. LCRO 135/2018 UQ v VF (26 May 2019) [pdf, 286 KB]

   ...scope of review [55] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:19 … 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 th...

7. LCRO 72/2020 ZW v CB (29 September 2020) [pdf, 204 KB]

   ...scope of review [39] 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 tha...

8. [2020] NZIACDT 42 - NMS v Mercado (1 October 2020) [pdf, 270 KB]

   ...director cancelled the amendment to the complainant’s employment agreement, so that all her work was as a PA at DEFL. [33] On 29 June 2018, Mr Mercado advised the complainant that the visa officer may have erred in declining the visa. He said an appeal to the Immigration and Protection Tribunal (IPT) could be prepared. [34] An appeal to the IPT was filed on 2 July 2018. [35] The IPT issued a decision on 14 February 2019 declining the appeal. It was found that the complainant h...

9. Anania - Waimata 2E (2020) 221 Taitokerau MB 243 (221 TTK 243) [pdf, 332 KB]

   ...satisfied— (a) that,— 9 Te Ture Whenua Māori Act 1993, s 146. 10 Te Ture Whenua Māori Act 1993, ss 147, 150C. 11 Te Ture Whenua Māori Act 1993, s 150C(3). 12 Manning– Kirikiri Pawhaoa B2A1 [2011] Maori Appellate Court MB 215 (2011 APPEAL 2015) at [38]. 13 Te Ture Whenua Māori Act 1993, s 152. 221 Taitokerau MB 251 (i) in the case of an instrument of alienation, the instrument has been executed and attested in the manner required by the rules of cou...

10. [2020] NZEnvC 165 Taranaki Energy Watch Incorporated v South Taranaki District Council.pdf [pdf, 7.8 MB]

    BEFORE THE ENVIRONMENT COURT AT CHRISTCHURCH I MUA I TE KOTI TAIAO O AOTEAROA Kl OTAUTAHI IN THE MATTER AND BETWEEN AND Decision No [2020] NZEnvC 165 of the Resource Management Act 1991 of an appeal under clause 14 of the First Schedule of the Act TARANAKI ENERGY WATCH INCORPORATED (ENV-2016-WLG-80) Appellant SOUTH TARANAKI DISTRICT COUNCIL Court: Respondent Environment Judge J E Borthwick Environment Commissioner J A Hodges Environment Commissioner J T Baine...