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1. Abraham v Auckland City Council [pdf, 111 KB]

   ...subsequent owners, in particular regarding the issue of building consents, the carrying out of inspections (if the Council has done the inspections), and the issue of a Code Compliance Certificate. This principle was established by the Court of Appeal in Invercargill City Council v Hamlin [1994] 3 NZLR 513, and confirmed most recently in Dicks v Hobson Swan Construction Ltd & Ors, High Court Auckland, CIV 2004-404-1065, 22 December 2006 (Baragwanath J). [45] Here counsel for...

2. Measuring reoffending with court data: proposed tier 1 specification [pdf, 750 KB]

   ...Furthermore, the current measure is being designed as part of a group of measures where Police already plan to handle earlier parts of the offending process through measuring apprehensions. Using Charge_laid_date definitely has some conceptual appeal because it captures all subsequent re-offending after initial contact with the court system (and so will capture re- 9 These terms taken from Ministry of Justice [UK] (2011)....

3. Cao v Tony Tay and Associates Ltd (in liq) [2010] NZWHT Auckland 26 [pdf, 270 KB]

   ...have also applied for general damages of $50,000 or $25,000 each. Whilst there has been some debate as to whether damages should be awarded on a per dwelling or per owner basis Ellis J concluded in Findlay Family Trust9 that the Byron Avenue10 appeal confirmed the availability of generally damages in leaky building cases in general was $25,000 per dwelling for owner occupiers. Ms Tao and Mr Cao have both suffered considerable stress and difficulty as a result of having a leaky...

4. Property-Law-Act-amendments-in-the-COVID-19-Response-Management-Measures-Legislation-Bill.pdf [pdf, 1.3 MB]

   ...generally – though not always – a quicker, cheaper alternative to a court process and allows parties to tailor the process to their particular dispute and does not necessarily require legal representation. 54 Generally, arbitral decisions cannot be appealed or reviewed in full and are final and binding. This avoids the costly and time-consuming appeals process that may occur in normal civil litigation. The scope of the grounds for an appeal are very limited unless the parties agree o...

5. 2021-03-14 Joanna Gilroy - Evidence (13 March 2021) [pdf, 20 MB]

   ...applications can be prepared and processed on that basis. 39 Those applicants that lodged applications before PC7 was notified have generally been happy with having a decision be made before PC7 is operative. However, some of these decisions have been appealed to the Environment Court. I understand that these appeals will be decided upon once we have a decision on PC7. 40 Our next scheduled hearing relating to a deemed permit is not until the week of the 17th of May, with a decis...

6. LCRO 162/2018 BQ v XR (29 September 2020) [pdf, 267 KB]

   ...scope of review [31] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:2 … 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 tha...

7. International Covenant on Civil and Political Rights - government reply to issues 5th report [pdf, 458 KB]

   ...inconsistent with the Bill of Rights Act. Such declarations are possible under the Human Rights Act in the context of discrimination law. One declaration has been made to date in respect of age discrimination. That decision is currently under appeal. However, once the appeals process has been exhausted, and if the declaration of inconsistency is upheld by the appellate courts, the Government is obliged to make a formal response in Parliament within four months. Question 3. R...

8. [2023] NZEnvC 223 MacFarlane Investments Ltd v Queenstown Lakes District Council [pdf, 490 KB]

   ...Ltd and St Helliers Capital Ltd v Minister for Land Information [2015] NZEnvC 55 at [24]. 7 Under s24(7)(d). 8 Davis v Wanganui City Council (1986) 11 NZTPA 240. 9 Ravji v Wellington Hospital Board PT Wellington W39/89. This was affirmed on appeal by the High Court on other grounds: Ravji v Wellington Hospital Board HC Wellington, AP 75/89, 14 February 1990. 18 Legal submissions for MacFarlane – overview of its case [65] The objector was represented by Mr Matthew Casey K...

9. Appendix One to Cabinet Paper Reforming the Privacy Act 1993 [pdf, 378 KB]

   ...directly to the aggrieved individual on whose behalf the proceedings were brought. Implemented by Privacy Amendment Act 2003 113B Consideration should be given to: (a) establishing a separate panel for additional members of the High Court on appeals from that used by the Complaints Review Tribunal; and/or (b) ceasing to apply section 126 of the Human Rights Act to appeals to the High Court taken in respect of Privacy Act cases; or (c) allowing for additional members to be appoin...

10. Regulatory Impact Statement Review of aspects of the bail system [pdf, 268 KB]

    ...inappropriate for Police to be able to require a bond or surety in a situation where the District Court cannot. The High Court would retain the ability to impose monetary bonds and sureties. May be some fiscal benefits arising from reduced appeals in cases where bail is denied in the District Court, but considered appropriate by the High Court when the availability of a monetary bond or surety is taken into account. The reasons for abolishing monetary bonds and sureties in 198...