Search Results

1. [2020] NZEnvC 023 Nga Kaitiaki o Te Awa a Ngaruroro [pdf, 178 KB]

   ...Section 281 of the Act [5] Under s 281(1) of the Act a person may apply to the Court to: (a) Waive a requirement of this Act or another Act or a regulation about­ (i) The time within which anything shall be served; or (ii) The time within which an appeal or submission to the Environment Court must be lodged; or (2) The [Environment Court] shall not grant an application under this section unless it is satisfied that none of the parties to the proceedings will be unduly prejudiced. (3)...

2. [2022] NZEmpC 35 Courage v Attorney-General [pdf, 225 KB]

   ...135, [2017] 1 NZLR 310 at [2] in relation to the principle generally; and, in relation to access to Court documents, see the discussion in Commissioner of Police v Doyle [2017] NZHC 3049; and Berry v Crimson Consulting Ltd [2017] NZHC 3026 upheld on appeal in Berry v Crimson Consulting Ltd [2018] NZCA 460. departed from in certain circumstances, when it is in the interests of justice to do so. [7] Rule 12 of the Rules specifies a range of matters that must be considered when d...

3. [2021] NZEmpC 195 KAQ v The Attorney-General [pdf, 185 KB]

   ...111; and Zanzoul v Removal Review Authority HC Wellington CIV-2007-485-1333, 9 June 2009 for a discussion of the general principles relating to futility. 6 R v X (No 2) [2015] NZHC 1245 at [12]. See also W v R [2019] NZCA 192 where the Court of Appeal granted permanent name suppression, noting that previous publication of the appellant’s name was neutral given the absence of notoriety and that such publication would not undermine the effectiveness of a permanent suppression order....

4. ORC PC7 Hearing Schedule - 17.06.2021 [pdf, 145 KB]

   ...Questioning / Cross-Examination WISE Response *Via AVL (TBC) Dr Hamish Rennie Closing Representation Closing Closing (15min) Court (15min) Royal Forest & Bird *Brought forward due to unavailability the following week of 5 July with a Court of Appeal fixture Peter Anderson Opening / Closing Submission Opening / Closing Closing (30min) Court (15min) NZ Fine Wines Estates Dean van Mierlo Closing Submission Closing Closing (30min) Court (15min) McArthur Ridge & Ors Kelvin Rei...

5. [2022] NZEmpC 51 Courage v Attorney-General [pdf, 339 KB]

   ...135, [2017] 1 NZLR 310 at [2] in relation to the principle generally; and, in relation to access to Court documents, see the discussion in Commissioner of Police v Doyle [2017] NZHC 3049; and Berry v Crimson Consulting Ltd [2017] NZHC 3026 upheld on appeal in Berry v Crimson Consulting Ltd [2018] NZCA 460. http://www.legislation.govt.nz/regulation/public/2017/0193/latest/link.aspx?id=DLM7379817&DLM7379817 http://www.legislation.govt.nz/regulation/public/2017/0193/latest/link.aspx?id=D...

6. Nuku v Police (Strike-Out) [2023] NZHRRT 1 [pdf, 94 KB]

   ...its attention to the permanent name suppression order made in the High Court. The Tribunal issued an interim non-publication order. See Nuku v Commissioner of Police (Interim Non-Publication Order) [2017] NZHRRT 320. [4] Mr Nuku unsuccessfully appealed the Tribunal’s interim order to the High Court. See Nuku v Police Commissioner [2018] NZHC 36. Following the High Court decision in which the Court held at [23] that compliance with the non-publication order imposed by Woolford J in...

7. IPT-Form-6-Application-to-cease-cancel-recognition-as-refugee-or-protected-person-v2-Apr-23.pdf [pdf, 471 KB]

   ...officer making this application • Please attach a copy of: › Statement of grounds for the application; › A indexed bundle of supporting documents (including the decision made by the Immigration and Protection Tribunal or by the Refugee Status Appeals Authority); and › Any other information that is relevant to the determination of the application. • You must serve a copy of this application together with all supporting documents on the affected person, and attach proof of service t...

8. Legal Aid Performance Review Committee-Terms of Reference [pdf, 151 KB]

   ...management in the State sector. The Secretary will appoint a pool of experts from different areas of law: Criminal, Family, Civil, Waitangi Tribunal, Maori Land Court, Maori Appellate Court, Mental Health, Refugee and 2 Immigration, Court of Appeal and Supreme Court. This will enable the Secretary to appoint suitable members for each performance review. Term of office and reappointment A member of the Committee holds office for a term specified by the Secretary in that membe...

9. [2024] NZEnvC 190 Gisborne District Council v Aratu Forests Limited [pdf, 202 KB]

   ...access to documents be limited”. [13] As the High Court described in Safari Construction (2005) Limited v Concept Builders Queenstown Limited:3 Access to documents at the pre-substantive stage is generally limited because, as the Court of Appeal explained in Crimson Consulting v Berry [2018] NZCA 460 at [39]: … when matters are still at the pleading stage, there is an element of unfairness on parties in the publication of one side of the story. The allegations and the statem...

10. [2023] NZEmpC 187 ACF v IEN [pdf, 165 KB]

    ...further minute issued yesterday, allowing the plaintiff until 4.00 pm to advise any response to the unless order sought by the defendant. As I have said, no response has been provided. [7] The approach to unless orders was set out by the Court of Appeal in SM v LFDM.1 There the Court stated: [31] The principles are these: (a) As an unless order is an order of last resort, it is properly made only where there is a history of failure to comply with earlier orders. (b) An unles...