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1. LCRO 106/2018, 107/2018, 170/2018 and 181/2018 SY, [SAL] and DT v [Area] Standards Committee [X] (22 August 2019) [pdf, 462 KB]

   ...scope of review [103] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:20 … 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 th...

2. Evaluation of Family Dispute Resolution service and mandatory self-representation [pdf, 2 MB]

   ...lawyers receive for assisting parents to fill in Family Court forms does not compensate them adequately for the service they provide. 1.4 Key Findings: Mandatory Self- representation Interviewed parents found the concept of self-representation appealing as they thought that excluding lawyers would simplify things and reduce costs. A few parents did find representing themselves straight forward but most found it difficult to represent themselves in the Family Court. They struggled to fi...

3. Justice Sector forecast 2012 to 2022 [pdf, 1.1 MB]

   ...framework and operational delivery settings could have a significant impact on current and future forecasts. Justice Sector Forecast 2012-2022 Page 13 4. Forecast results 4.1. Prosecutions requiring a Crown Solicitor Crown prosecutions and appeals are mainly undertaken by Crown Solicitors (under the oversight of the Solicitor-General) or lawyers from Crown Law and are funded by Vote Attorney-General. Crown prosecutions tend to be the more serious cases and, though small i...

4. [2012] NZEmpC 172 Gregory v CE of the Department of Corrections [pdf, 301 KB]

   ...objective regard to fairness from the perspective of both parties. The Court has, subsequent to the introduction of s 103A, observed that there needs to be a balanced assessment of both procedure and substance which may mean that what the Court of Appeal has termed “procedural infelicities” 4 will not be determinative of personal grievance claims. 5 2 Alliance Freezing Company (Southland) Ltd v NZ Amalgamated Engineering etc...

5. 2021-07-07 ORC - Closing Submissions [pdf, 422 KB]

   ...case of Eden-Epsom Residential Protection Society Incorporated v Auckland Council17 the Environment Court considered which provisions of the NPSUD may be considered in a “planning decision” on the merits of a requested plan change including an appeal to the Environment Court. 32 The Court interrogated Part 2 of the NPSUD containing the Objectives and Policies and found that reference to “planning decisions” was quite limited among the eight Objectives and 11 Policies, be...

6. Far North District Council - Okahu 3B2B2 (2015) 97 Taitokerau MB 234 (97 TTK 234) [pdf, 396 KB]

   ...fit well with the kaupapa of the Act (the Preamble and ss 2 and 17) or the task for the Court in constituting trusts under Part 12 of the Act and assessing the weight to be given to the owners’ views. In Clarke v Karaitiana 10 the Court of Appeal addressed various issues that arose from a Court directed meeting of beneficial owners of an ahu whenua trust. The decision contains a helpful discussion regarding how this Court should regard the outcome of voting in terms of s 222 o...

7. LCRO 91/2017 DV v LS and HS (19 December 2018) [pdf, 415 KB]

   ...13 At [56]–[57]. 14 At [58]. 15 At [62]. 16 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [39]–[41]. 16 … 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 that

8. 2021-05-24 NPSREG Implementation Guide [pdf, 455 KB]

   ...presently being applied by local authorities to the management of REG activities. The Ministry for the Environment recognises that provisions in ‘proposed’ policies and plans may be deleted or altered as a result of input from submitters or an appeal to better achieve the purpose of the RMA. Consequently, the references and links to proposed documents will be updated as provisions are refined through the hearings and appeals process. 32 National Policy Statement for Renewable...

9. LCRO 239/2020 DP v FJ obo RK (25 June 2021) [pdf, 356 KB]

   ...scope of review [58] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:18 … 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...

10. OIA-109706-v2.pdf [pdf, 6.4 MB]

    ...the 7th World Congress on Family Law and Children’s Rights, Dublin, June 2017). 10 There are further opportunities for children to participate in private law disputes. Under the COCA 2004 children can bring an application to vary, discharge or appeal parenting orders (ss 46A-46C, 56, 143) and review decisions of their parents to refuse or consent to certain decisions (ss 46A, 46B, 46C). 11 Care of Children Act 2004, s 7. 12 The court also must take into account whether the report i...