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1. [2022] NZEnvC 169 NZ King Salmon v Marlborough District Council [pdf, 624 KB]

   ...the RMA procedures for such applications, hearings were initially before a Board of Inquiry (‘BOI’), under s149J RMA.3 The BOI issued its report including determination of the consent applications on 22 February 2013.4 Following subsequent appeals (including to the Supreme Court), the final outcome was that Waitata Salmon Farm was one of four farms that were approved under resource consents.5 [6] In its final decision, the BOI described the conditions of U140294 as “hav[in...

2. [2024] NZEnvC 194 Connor [pdf, 1.4 MB]

   ...[2] This is not the sort of case that this Court would normally deal with, given that it relates to restricted discretionary activities which are usually dealt with on a non- notified basis by Council or one of its commissioners and thus is non appealable to this Court. [3] It relates to the Special Character Area overlays in terms of the operative provisions of the Auckland Unitary Plan (AUP). The Court’s decision in Eden-Epsom Residential Protection Society Incorporated v Auck...

3. From Bystander to Participant: Recognising and protecting victims by providing legal advice and legal representation [pdf, 664 KB]

   ...that a distressed complainant may invoke greater sympathy from the jury” (Killean, 2021, p. 176). Further, court judges cannot be relied on to prevent any intrusive or inappropriate questioning as they need to be perceived as objective to avoid appeals and have other interests to consider such as the accused’s fair trial rights. Thus, victims continually feel disempowered, excluded and unsupported. Further, such treatment can re-traumatise them and potentially cause secondary vict...

4. LCRO 106/2024 CQ v DN and RN (30 September 2025) [pdf, 364 KB]

   ...case without counsel. What is the nature and scope of the review? [55] The High Court has said of the process of review under the Act that:10 … 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...

5. Justice Sector prison population forecast May 2009 update [pdf, 142 KB]

   ...observed patterns in the data. This usually means that the monitor will appear towards the end of the second month after the date on the front page – e.g. the January report will appear towards the end of March. The outcome of cases may change due to appeals, and so the latest data points should always be regarded as provisional. Graph conventions Unless otherwise stated: � Thin solid lines: actual numbers. � Thick solid lines: from May 2009, trend lines are calculated using...

6. Justice Sector prison population Forecast March 2009 update [pdf, 143 KB]

   ...observed patterns in the data. This usually means that the monitor will appear towards the end of the second month after the date on the front page – e.g. the January report will appear towards the end of March. The outcome of cases may change due to appeals, and so the latest data points should always be regarded as provisional. Graph conventions Unless otherwise stated: � Thin solid lines: actual numbers. � Thick solid lines: 12 month moving average of actual numbers. �...

7. Justice Sector prison population forecast January 2009 update [pdf, 143 KB]

   ...observed patterns in the data. This usually means that the monitor will appear towards the end of the second month after the date on the front page – e.g. the January report will appear towards the end of March. The outcome of cases may change due to appeals, and so the latest data points should always be regarded as provisional. Graph conventions Unless otherwise stated: � Thin solid lines: actual numbers. � Thick solid lines: 12 month moving average of actual numbers. �...

8. [2007] NZEmpC WC 21/07 Electrotech Controls Ltd v Rarere [pdf, 45 KB]

   ...sale and purchase which is not entirely apt to employment law. In the present case the applicable law is that which concerns conditions as to time. In New Zealand Railways Corporation v Fletcher Development and Construction Ltd4 the Court of Appeal defined waiver of a time condition as follows: Waiver in this context occurs where the party entitled to insist on strict compliance with provisions as to time leads the other party to understand or assume that such provisions will not b...

9. [2010] NZEmpC 9 Smith v Evolution E-Business Ltd [pdf, 36 KB]

   ...of an inequity” (Gartside v Outram3). This defence has been recognised in New Zealand: European Pacific Banking Corporation v Fourth Estate Publications4 and in European Pacific Banking Corporation v Television New Zealand Ltd 5 the Court of Appeal stated6: What has been called ever since Gartside v Outram the defence of iniquity is an instance, and probably the prime instance, of the principle that the law 2 [1995] 1 ERNZ 1 at...

10. [2008] NZEmpC AC 19/08 Barry v Anoop Investments Ltd [pdf, 37 KB]

    ...between the representatives, culminating in an email dated 19 July 2007 from the defendant’s solicitors in which they confirm that they acted for the defendant “with regard to the Employment Authority matter as well as the Employment Court Appeal”. They regretted the delay in replying and said that they would be seeking to file a defence and went on to refer to the possibility of a settlement. [7] Upon being advised of this communication, Chief Judge Colgan set the matte...