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1. ENVC Hearing 6Oct14 WML evidence chief Donald Prince [pdf, 774 KB]

   ...Appendix 1 and 2) constitute a complex that was once part of a prehistoric settlement area focused on the foreshore and immediate landscape. The presence of small, freshwater streams draining out of the slopes to the rear of the foreshore add to the appeal of the locations easy access to marine resources. Archaeological sites in the immediate vicinity of the marina 14. The archaeological sites around the Matiatia Bay foreshore north of the wharf (Appendix 1 and Archaeological Asse...

2. [2020] NZEmpC 194 Samuels v Employment Relations Authority [pdf, 268 KB]

   ...Reuters, Wellington, 2014) at [2.25.1]. 20 There are, however, some material differences between the Tribunal and the Authority. The Tribunal is not required to give effect to strict legal rights, obligations, forms or technicalities. The right to appeal a decision of the Tribunal is limited to the grounds that the manner in which the proceeding was carried out was unfair to the appellant and prejudicially affected the result of the proceedings. of the case, and to chart...

3. [2012] NZEmpC 48 Carter Holt Harvey Limited v McAuley [pdf, 134 KB]

   ...workers. Why should individuals not be allowed to challenge a dismissal at the end of the term if there was no good reason for the term, and the effect is to override the personal grievance provisions? [17] This passage was referred to by the Court of Appeal in examining the section in Norske Skog Tasman Ltd v Clarke 3 when it noted that the Parliamentary history was of limited assistance and, in relation to the aforementioned speech, described this as “the only Parliamentary spe...

4. Stephen Chiles (dated 12 May 2017) [pdf, 2.2 MB]

   BI-309448-3-733-V1 BEFORE THE ENVIRONMENT COURT CHRISTCHURCH REGISTRY ENV-2016-CHC-47 IN THE MATTER of an appeal under Section 120 Resource Management Act 1991 BETWEEN BLUESKIN ENERGY LIMITED Appellant AND DUNEDIN CITY COUNCIL Respondent SUPPLEMENTARY BRIEF OF EVIDENCE OF DR STEPHEN GORDON CHILES – BACKGROUND NOISE MONITORING REPORT ____________________________________________________________...

5. Regulatory Impact Statement: Expungement scheme for historical homosexual convictions [pdf, 101 KB]

   ...charged because of its homosexual context), or whose application is unsuccessful (because the necessary official records cannot be found or the Secretary for Justice is not satisfied no criminal conduct was involved). 25. We considered including an appeal process to mitigate this. However, there is likely to be little benefit in doing so as the parameters of the decision are narrow and the process to be followed is to be prescribed by statute. Applications are more likely to be declin...

6. York - Matakohe North Eastern Portion Lot 54 Section 3B1 Maori Reservation (2021) 235 Taitokerau MB 288 (235 TTK 288) [pdf, 278 KB]

   ...still relevant as to factors that the Court should consider when removing a trustee: [16] There are several superior court authorities regarding the principles applicable to the serious step of removal of trustees. They include the Court of Appeal judgments Rameka v Hall and Naera v Fenwick, and the Māori Appellate Court decision of Perenara v Pryor. [17] These authorities support the following general propositions: (a) removal is a serious step and is not undertaken lightly;...

7. [2020] NZEmpC 175 O’Boyle v McCue [pdf, 612 KB]

   ...advocate stated that Ms McCue’s allegations did not stack up, and he was instructed to defend her claims vigorously, seeking costs. Constructive dismissal principles [179] In Auckland Shop Employees’ Union v Woolworths (NZ) Ltd, the Court of Appeal accepted that a constructive dismissal could arise in situations such as where:29 a) an employer had given an employee an option of resigning or being dismissed; b) an employer had followed a course of conduct with the deliberat...

8. Family Court rewrite submission: Save the Children [pdf, 165 KB]

   ...genuine avenue for complaint when a user of the court feels they have been treated badly, let down, and or harmed by their Family Court experience and or decisions made that harmfully impacts on their lives and or the lives of the children involved. This is not to be confused with appealing a Family Court decision. In the current situation, if a client of the Court makes a complaint about a judge, the complaint is referred back to the judge involved – in our view this system does not s...

9. LCRO 76/2021 PJ v RK (19 July 2022) [pdf, 208 KB]

   ...attempting to summarise them. I refer to these where appropriate in this decision. Nature and scope of review [32] The High Court has described a review by this Office in the following way:19 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determination are entitled to a review based on the LCRO’s own opinion rather than on deference to the view of the Committee. A review by the LCRO is informal, inquisitorial and robust....

10. Taurua - Estate of Piatarihi Taurua [2018] Chief Judge's MB 108 (2018 CJ 108) [pdf, 335 KB]

    ...recognition of Ella Taurua, as an adopted child of Ngamati Huirua Taurua, those objections cannot outweigh the legal evidence that is now before the Court. 4 [2010] Maori Appellate Court MB 167 (2010 APPEAL 167) 2018 Chief Judge’s MB 122 [23] Consequently I find that the Court made a mistake in fact and in law when it granted the orders for succession made on 16 July 1957 at 31 Bay of Islands MB 265-267. [24] I further conside...