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1. [2021] NZREADT 42 - Complaints Assessment Commitee v Vulinovich (6 August 2021) [pdf, 259 KB]

   ...falsified records were genuine and refused to accept responsibility for her actions. His Honour characterised Ms Prasad as having come before the Tribunal “not … as a penitent but as a recalcitrant”.14 On those grounds, the Authority’s appeal against the Tribunal’s order for suspension of Ms Prasad’s licence was overturned and cancellation ordered. [47] Similarly, Mr Mairs did not admit any wrongdoing and maintained that stance throughout the disciplinary process. The...

2. [2018] NZEnvC 030 Auckland Council v London Pacific Family Trust [pdf, 7.4 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA Court: Hearing: Appearances: IN THE MATTER AND BETWEEN AND Decision No. [2018] NZEnvC ~ 0 of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act AUCKLAND COUNCIL (ENV-20 17 -AKL-OOO 105) Appellant JANICE BUDDEN, MARK GITTOS AND MICHAEL ROWE AS TRUSTEES OF THE LONDON PACIFIC FAMILY TRUST Respondent Principal Environment Judge L J Newhook Environment Judge JJM Hassan Environ...

3. Wihapi v Skudder - Pukaingataru B No 3 Sec 2B No 2 [2024] Chief Judge's MB 1156 (2024 CJ 1156) [pdf, 542 KB]

   ...2024 Chief Judge's MB 1168 takes into account the nature and gravity of the matter at issue.”3 This means that the applicant must establish on the balance of probabilities that there was a mistake or omission. [18] The Court of Appeal has confirmed that the power under s 44(1) of the Act falls into two parts:4 The first is an evaluative decision as to whether the order made was “erroneous in fact and law because of any mistake or omission on the part of the court...

4. 20240923-Sentencing-Reform-Amendment-Bill-and-District-Court-Judges-Amendment-Bill [pdf, 5.7 MB]

   ...to be compelled to confess guilt, protected bys 25(d) of the Bill of Rights Act. A defendant may feel increased pressure to plead guilty at the first available opportunity in order to benefit from the maximum available discount. 29. The Court of Appeal in Hessell v R22 issued structured guidance on the maximum sentence reduction available for a guilty plea, largely based upon the time that a plea is entered. This was subsequently overturned by the Supreme Court,23 which held that determ...

5. 20240923-Sentencing-Reform-Amendment-Bill.pdf [pdf, 5.7 MB]

   ...to be compelled to confess guilt, protected bys 25(d) of the Bill of Rights Act. A defendant may feel increased pressure to plead guilty at the first available opportunity in order to benefit from the maximum available discount. 29. The Court of Appeal in Hessell v R22 issued structured guidance on the maximum sentence reduction available for a guilty plea, largely based upon the time that a plea is entered. This was subsequently overturned by the Supreme Court,23 which held that determ...

6. 20241003 Mental Health Bill [pdf, 246 KB]

   ...b. a person may not use force unless they are exercising a specified power in an emergency, there is no reasonable alternative to the use of force, and they use the minimum force that is reasonably necessary in the circumstances. The Court of Appeal in Rosso v R noted that while there is an element of subjectivity in assessing what force is reasonably necessary (for example, there must be an actual belief), the test is objective.12 The purpose of using force will be to enable the...

7. [2024] NZEnvC 238 Coast Road Resilience Group Inc v West Coast Regional Council [pdf, 3.9 MB]

   CRRG v WCRC & GDC – CONSENT ORDER IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2024] NZEnvC 238 IN THE MATTER of the Resource Management Act 1991 AND an appeal under s120 of the Act BETWEEN COAST ROAD RESILIENCE GROUP INCORPORATED (ENV-2024-CHC-41) Appellant AND WEST COAST REGIONAL COUNCIL First Respondent AND GREY DISTRICT COUNCIL Second Respondent Environment Judge P A Steven – sitting alone under s279...

8. Walters v Walters - Te Kohanga Lots 1 & 3 [2024] Chief Judge's MB 1357 (2024 CJ 1357) [pdf, 320 KB]

   ...that standard’s inherent flexibility that takes into account the nature and gravity of the matter at issue.2 This means that the applicant must establish on the balance of probabilities that there was a mistake or omission. [14] The Court of Appeal has confirmed that the power under s 44(1) falls into two parts:3 The first is an evaluative decision as to whether the order made was “erroneous in fact or in law because of any mistake or omission on the part of the court or the...

9. Wharewera - Succession to Ani Maaka or Annie Maaka [2024] Chief Judge's MB 1299 (2024 CJ 1299) [pdf, 460 KB]

   ...that standard’s inherent flexibility that takes into account the nature and gravity of the matter at issue.9 This means that the applicant must establish on the balance of probabilities that there was a mistake or omission. [17] The Court of Appeal has confirmed that the power under s 44(1) of the Act falls into two parts:10 9 Tau v Nga Whanau O Morven & Glenavy – Waihao 903 Section IX Block [2010] Māori Appellate Court MB 167 (2010 APPEAL 167). 10 Inia v Julian [20...

10. Sutherland - Succession to Henare Arapeti Sutherland [2024] Chief Judge's MB 1311 (2024 CJ 1311) [pdf, 287 KB]

    ...mistake or omission. 3 Ashwell – Rawinia or Lavinia Ashwell (nee Russell) [2009] Chief Judge’s MB 209 (2009 CJ 209) at [15]. 4 Tau v Nga Whānau o Morven and Glenavy – Waihao 903 Section IX Block [2010] Māori Appellate Court MB 167 (2010 APPEAL 167) at [61]. 2024 Chief Judge's MB 1320 [20] The Court of Appeal has confirmed that the power under s 44(1) of the Act falls into two parts:5 The first is an evaluative decision as to whether the order made was “er...