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1. [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...

2. 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...

3. 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...

4. 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...

5. 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:...

6. 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...

7. OIA-97004.pdf [pdf, 810 KB]

   ...time from filing to disposal for High Court Civil Cases disposed of involving a substantive hearing during the calendar years 2021 - 2022 2021 2022 General Proceedings 836 650 Judicial Reviews 263 344 Originating Applications 226 298 Civil Appeals 239 251 Notes for Table 3: • This data counts the average time (days) from filing to disposal for cases disposed of where a substantive hearing was held . • The data for 2022 covers the period from 1 January to 31 May 2022. •...

8. [2022] NZEmpC 130 GF v Comptroller of the New Zealand Customs Service [pdf, 203 KB]

   ...management issues have also been raised by counsel, which I touch on below. [3] The ordinary way for a witness to give evidence in a civil proceeding is orally in a courtroom in the presence of the Judge, the parties and the public.2 As the Court of Appeal has made clear, there is no presumption in favour of giving evidence in the ordinary way.3 [4] The Court may allow the use of AVL in civil proceedings, including for the appearance of a party and witnesses. Before doing so, it...

9. [2023] NZEmpC 104 Chantama v McKerchar Lamb Ltd [pdf, 188 KB]

   ...Almond v Read,4 where it was made clear that the merits are generally not relevant where there has been an insignificant delay as a result of a legal adviser’s error and the proposed respondents have suffered no prejudice, beyond the fact of the appeal itself.5 Accordingly, I do not regard a consideration of the merits as being relevant to this application. Result [13] In the circumstances, leave is granted. Mr Chantama’s claim is to be filed and served within seven days of...

10. OIA-109445.pdf [pdf, 2 MB]

    ...than the total number of people each year. Ethnicity information originate from Police. All of their charges have the same recorded ethnicity information. This data may differ from that provided previously due to case updates for sentence reviews or appeals. The Australian and New Zealand Standard Offence Classification (ANZSOC) is used to categorise offences into 16 divisions, within which subdivisions and groups exist. More information on ANZSOC can be obtained from: abs.gov.au/ausstats...