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1. LCRO 104/2019 RY v DN (1 May 2020) [pdf, 273 KB]

   ...scope of review [43] 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:4 … 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...

2. [2020] NZEmpC 149 Bay of Plenty District Health Board v CultureSafe NZ Ltd [pdf, 438 KB]

   ...concept. It includes a personal grievance, a dispute and any other problem relating to or arising out of an employment relationship. Such a problem is not confined to disputes between parties to an “employment relationship”. As the Court of Appeal has confirmed, that is because the term has a more expansive application, including “a dispute and any other problem relating to or arising out of an employment relationship”.12 Subsequently, the same court clarified that in orde...

3. [2023] NZEmpC 105 Pilgrim & Ors v Attorney-General & Ors [pdf, 596 KB]

   ...the Overseeing Shepherd during much of the time that these proceedings are concerned with. [11] Hopeful Christian was sentenced to prison for sex offences against young women within the Gloriavale Community in 1995.12 He did not pursue an appeal against his convictions. He did pursue an appeal against the sentence that had been imposed. The Court of Appeal dismissed that appeal on grounds set out in a judgment of the Court.13 It was apparent that this sequence of events, and...

4. LCRO 103/2021 & LCRO 58/2022, LCRO 104/2021 and LCRO 105/2021 GS v ABC Ltd & HY, [Law Firm A] v ABC Ltd & HY and SW v [Area] Standards Committee [X] (24 November 2022) [pdf, 595 KB]

   ...evidence in law that stood against the evidence that the witness had produced to the Tribunal; and (qq) the Tribunal had made significant errors; and (rr) subsequent to the Tribunal delivering its decision, the lawyers had agreed to advance an appeal of the Tribunal’s decision, on the basis of charging Ms HY a fixed fee for the appeal; and (ss) Ms HY subsequently instructed fresh counsel and made request to uplift her file; and (tt) the amount of time spent by the Tribunal tra...

5. [2023] NZEnvC 068 Royal Forest and Bird Protection Society of New Zealand Incorporated v West Coast Regional Council [pdf, 827 KB]

   ...FOREST & BIRD v WCRC & BDC & STEVENSON MINING – DECISION IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2023] NZEnvC 68 IN THE MATTER of the Resource Management Act 1991 AND an appeal under s120 of the Act BETWEEN ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV-2017-CHC-90) Appellant AND WEST COAST REGIONAL COUNCIL AND BULLER DISTRICT COUNCIL Respondents AND STEVENSON MINING LIM...

6. [2016] NZEmpC 175 Wikaira v The Chief Executive of Department of Corrections [pdf, 767 KB]

   ...persuade the Court that although there was prima facie disparity, this was justifiably explicable. [179] Do these conclusions meet the appropriate test in law for disparity of treatment to become an issue under the s 103A? [180] The Court of Appeal’s judgment in Chief Executive of the Department of Inland Revenue v Buchanan (No 2) is the most recent authoritative statement of the law. 12 In that judgment, delivered by O’Regan J, the Court reiterated, first, its previous st...

7. [2016] NZEnvC 140 South Epsom Planning Group Inc & Three Kings United Group Inc v Auckland Council [pdf, 5.4 MB]

   BEFORE THE ENVIRONMENT COURT IN THE MATTER BETWEEN AND AND Decision No. [2016] NZEnvC \ the Resource Management Act 1991 and of appeals pursuant to Clause 14 of the First Schedule of the Act SOUTH EPSOM PLANNING GROUP INCORPORATED AND THREE KINGS UNITED GROUP INCORPORATED (ENV-2016-AKL -000001) NGATI TE ATA WAIOHUA AND NGATI TAMAOHO TRUST (ENV-2015-AKL -000158) Appellants AUCKLAND COUNCIL Respondent FLETCHER RESIDENTIAL LIMITED Applicant Hearing d...

8. 2015 Ministry of Justice annual report [pdf, 4.2 MB]

   ...MAR APR MAY JUN our Ministryour Ministry The Ministry of Justice is unified by a single purpose – to deliver modern accessible people-centred justice services We work with the judiciary to deliver court services for the Supreme Court, Court of Appeal, High Court, 58 District Courts, Environment Court, Employment Court, Coroners Court and the Māori Land Court We support 29 tribunals, authorities and committees that help New Zealanders resolve disputes We dealt with more than...

9. Reinstating-Three-Strikes-Sentencing-Law.pdf [pdf, 31 MB]

   ...NZBORA (right not to be subjected to disproportionately severe punishment).9 25.2. An award of $450,000 in damages in 2022 for the excessive imprisonment an offender was subjected to as a result of the third strike sentence.10 This decision has been appealed to the Court of Appeal. 25.3. In a recent three strikes case the High Court stated that a mandatory sentence without any judicial discretion would breach s 25(a) (right to a fair and public hearing by an independent and impartial c...

10. [2020] NZEnvC 024 Panuku Developments Limited v Auckland Council [pdf, 1.7 MB]

    ...THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA Court: Hearing: Counsel: Date of Decision: Date of Issue: IN THE MATTER AND BETWEEN AND AND Decision No. [2020] NZEnvC 02-4- of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act PANUKU DEVELOPMENT AUCKLAND LIMITED (ENV-2018-AKL-000176) Appellant AUCKLAND COUNCIL Respondent R Peters and R Bannan R Dexter and A Modrow N Smith P Lange L Whiley s 27 4 parties Environment...