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1. 2021-02-25 FFNZ - MOC - PC 1 & 8 - mediation & expert conferencing [pdf, 225 KB]

   ...and less 3 costly avenue for parties to discuss and resolve concerns, outside of the formal court context. 9. We note that in the Otago region, there is a proud history of submitters resolving significant proportions of Environment Court appeal points through mediation processes. 10. It is our position that mediation would also be an opportunity to identify which additional technical matters could benefit from expert conferencing. It may be that matters are narrowed,...

2. Reviewing legal aid decisions [pdf, 1.1 MB]

   ...decide to confirm, change or reverse the Legal Services Commissioner’s decision. Or it can tell the Legal Services Commissioner to reconsider their decision. If you think the Tribunal’s decision is ‘wrong in law’, you have 20 working days to appeal to the High Court. You should talk to a lawyer before going to the High Court. Where to get more information To learn more, talk to: • your lawyer • your local Community Law Centre – communitylaw.org.nz • your local Citize...

3. [2016] NZEmpC 139 Tait v Sherson t/a Silver Birch Holiday Park and Motel [pdf, 79 KB]

   ...an interlocutory matter which had to be dealt with in that the defendants needed to file an amended statement of defence. [7] The principles which apply to applications for costs in this Court have now been well established in three Court of Appeal decisions. 3 Costs would usually follow the event. Usually the award of costs to a successful party would be two thirds of actual reasonable costs. The Court has a wide discretion in making an award of costs and can order increased...

4. Director-General of Conservation 101 [pdf, 123 KB]

   BEFORE THE ENVIRONMENT COURT ENV-2020-AKL-0000101 AT AUCKLAND I MUA I TE KOOTI TAIAO I TAMAKI MAKAURAU ROHE IN THE MATTER of an appeal under clause 14 of Schedule 1 of the Resource Management Act 1991 BETWEEN AUCKAND WAIKATO AND EASTERN FISH AND GAME COUNCILS Appellant AND WAIKATO REGIONAL COUNCIL Respondent NOTICE OF WISH TO BE A PARTY TO PROCEEDINGS BY THE DIRECTOR-GENERAL OF CONSERVATION Dated: 29 September 2020 Depar...

5. [2020] NZEnvC 128 Environmental Defence Society Incorporated v New Zealand Aluminium Smelters [pdf, 336 KB]

   ...memorandum dated 17 August 2020 at [4]; Southland Regional Council memorandum dated 17 August 2020 at [2]; EDS email dated 18 August 2020. 4 has occurred in the proceeding and what effect introducing new parties might have on progressing the appeal to resolution.5 Discussion [11] I do not consider that any party will be unduly prejudiced by the Minister joining the proceedings. The Minister’s application has been made relatively early in proceedings and is in time t...

6. Criminal case process diagram [pdf, 175 KB]

   ...• A guilty plea can be entered at any time. • A sentence indication can be requested at any time before trial. • Bail issues can be considered on application to the court. • The court may proceed in the absence of the defendant. • Appeals against decisions must be filed within 20 working days. • If one co-defendant elects a jury trial, all will be held asjury trials. • Multiple offences will follow the procedural track of most serious offence. • Expert reports...

7. Criminal Cases Review Commission April 2020 newsletter [pdf, 621 KB]

   ...It is an independent Crown entity that will be based in Hamilton, with a mandate to investigate possible miscarriages of justice. Its role is not to determine innocence or guilt, but to investigate applicants’ cases and refer them back to the appeal court where it is in the interests of justice to do so. The CCRC’s processes and procedures are still being developed – more on that in coming newsletters. However, I can say that we are drawing on the work of similar commissions i...

8. Criminal Case Process factsheet [pdf, 177 KB]

   ...• A guilty plea can be entered at any time. • A sentence indication can be requested at any time before trial. • Bail issues can be considered on application to the court. • The court may proceed in the absence of the defendant. • Appeals against decisions must be filed within 20 working days. • If one co-defendant elects a jury trial, all will be held asjury trials. • Multiple offences will follow the procedural track of most serious offence. • Expert reports...

9. 9 December 2019 Pacey Family Trust v Auckland Council [pdf, 94 KB]

   ...Lake Road Preservation Society Incorporated v Nampara Holdings Limited & Pacey Family Trust No 2 Paceys Family No. 2 Trust v Auckland Council Application For Enforcement Order pursuant to Section 316 of the Resource Management Act 1991 Appeal Against Decision Of Consent Authority pursuant to Section 120 of the Resource Management Act 1991 Court Reference: ENV-2017-AKL-000187 Court Reference: ENV-2019-AKL-000169 1. i. ii. Topic:...

10. 2021-07-28 Minister for Environment - Legal submissions in relation to the pORPS [pdf, 173 KB]

    ...2021. 4 Dated 23 July 2021. 3 8. Submissions do not close until 3 September 2021.5 There has been no opportunity yet to challenge the proposed provisions or to know what aspects of pORPS are accepted. There has been no objection or appeal process or independent decision making. 9. I agree that the pORPS must be accorded some weight as representing a significant shift in Council policy and recognising that the current RPS does not give effect to the National Policy...