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1. Bartlett - Part Lot 1 Deposited Plan 696 (2017) 61 Takitimu MB 34 (61 TKT 34) [pdf, 354 KB]

   ...limiting subsection (2),— (a) a partition of land shall be deemed to be a subdivision of land within the meaning of section 218 of the Resource Management Act 1991; and (b) sections 120 and 121 of the Resource Management Act 1991 (relating to appeals to the Environment Court) shall apply to any decision of a territorial authority in relation to any application for a subdivision consent that is required by this section. [27] In Rolleston – Parish of Te Puna 154D5B2, where the app...

2. 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 ____________________________________________________________...

3. Amoroa - Omuriwaka Māori Reservation (2017) 163 Waiariki MB 93 (163 WAR 93) [pdf, 242 KB]

   ...injunction or otherwise. As well, the Court has the power, at any time, to add, reduce, replace or remove trustees under ss 239 and 240 of the Act. 8 [26] The paramount duty of trustees is to obey their terms of trust. In Rameka v Hall the Court of Appeal set out the general responsibilities of trustees as follows: 9 [28] The general responsibilities of responsible trustees are set out in s 223 of the Act. That section refers to the following: (a) Carrying out the terms of...

4. OL v RY LCRO 261/14 (16 March 2016) [pdf, 185 KB]

   ...this manner. 16 Workington v Sheffield LCRO 55/2009 at [65]. 10 [48] It must not be overlooked that the Committee has censured Mr OL. The nature of a censure was discussed by the Court of Appeal in New Zealand Law Society v B. In discussing the terminology used in the Act (censure and reprimand) the Court said:17 Both words envisage a disciplinary tribunal, here a Standards Committee, making a formal or official statement reb...

5. Tamou v Smith - Sections 57, 58, 70, 72 and 100 of the Ratana Pa (2016) 361 Aotea MB 75 (361 AOT 75) [pdf, 297 KB]

   ...(1996) 11 Taitokerau Appellate MB 143 (11 ACTK 143) 17 (1996) 19 Waikato Maniapoto Appellate MB 40 (19 APWM 40) 18 [2001] 1 NZLR 87 19 (2006) 34 Gisborne Appellate Court MB 168 (34 APGS 168) at 172 361 Aotea MB 84 [38] The Court of Appeal in The Trustees of Pukeroa Oruawhata v Mitchell stressed the importance of strict adherence to s 244 of the Act whenever variations to trust orders are contemplated. 20 A three step process was necessary: first, notice to the benefici...

6. 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...

7. Mark Brown (filed 6 June 2017) [pdf, 2.1 MB]

   1 BEFORE THE ENVIRONMENT COURT CHRISTCHURCH REGISTRY ENV-2016-CHC-047 IN THE MATTER of an Appeal under Section 120 Resource Management Act 1991 BETWEEN Blueskin Energy Ltd Appellant AND Dunedin City Council Respondent BRIEF OF EVIDENCE of MARK NELSON BROWN Mark Brown 4, Erne Street Waitati 9085 Ph 482 2833 Email blueskin@xtra.co.nz P.O. Box 63 Waitati 9069 mailto:blueskin@xtra.co.nz 2 Intro...

8. Singh v Patel [2019] NZIACDT 17 (28 March 2019) [pdf, 142 KB]

   ...maintain hard copy and/or electronic client files, including copies of all written communications and file notes of oral communications. He was also to confirm in writing to clients the details of all material discussions with them. [36] Mr Singh appealed to the Tribunal against the Registrar’s decision not to refer his complaint to the Tribunal. 7 [37] There is an affidavit (sworn 26 May 2015) from a senior investigator in the Authority, filed on behalf of the Registrar. Sh...

9. Family Court Rewrite Submission - Family Works Northern [pdf, 415 KB]

   ...professionals to achieve a joined-up approach to the Family Justice Service? We think that the information needs to be provided in a simple easy to follow way. It should be provided in a number of languages and videos should be used along with appealing graphics, pictures and stories of “people like them”. It should utilise technology that has interaction with a person via “live chat” in real time for any questions that people may have. Furthermore the Ministry should cons...

10. 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...