Search Results

1. 2021-07-05 MFE- Closing Submissions [pdf, 551 KB]

   ...relief sought. 14.3 The Minister (as well as the local authority and Attorney-General) have greater flexibility in terms of the scope of their submissions. Section 274(4A) limits the evidence which may be called to within the scope of the appeal, inquiry or other proceeding. Most s 274 parties face a further restriction in s 274(4B) and may only call evidence on matters arising out of the person’s submissions. But the joinder status of the Minister is not subject to s 274(4B)...

2. 20230621-Regulatory-Systems-Primary-Industries-Amendment-Bill.pdf [pdf, 208 KB]

   ...the subpart of the Bill of Rights Act entitled “life and security of the person”, and the other sections in that subpart all deal with interferences with bodily integrity.1 While it has not received detailed judicial consideration, the Court of Appeal in Lyall v Solicitor-General appears to have proceeded on the assumption that section 9 was applicable to property for forfeiture.2 On this basis, this section could arguably apply to financial penalties. 13. In the event that a fine c...

3. CAC20003 v Santipongchai [2015] NZREADT 11 [pdf, 177 KB]

   ...family financially; also, by such work he could accumulate financial resources for religious missionary work; or whether he should simply leave the real estate industry and move into some other area of employment. [13] In any case, the defendant appeals to this Tribunal for mercy and adds “I know what I did was wrong, I will do my best to make up for it by repaying at the earliest time I can, I will never go and do the wrong again …”. [14] The defendant also seems to be addi...

4. Akura Lands Trust v Te Whata – Akura 1C 3B 2 (2014) 29 Takitimu MB 199 (29 TTK 199) [pdf, 128 KB]

   ...applications. An urgent hearing was sought in respect of both. [3] The first application was for an injunction against Manu Te Whata 1 . Mrs Te Whata was formerly a trustee but was removed (along with five other trustees) in 2010 (and upheld on appeal in 2011) 2 . [4] The injunction sought to prevent Mrs Te Whata from entering on the Akura lands administered by the Trust and carrying out any unauthorised acts on the lands. The Akura lands outside the curtilage area occupied by Mr...

5. [2009] NZEmpC CC 7/09 Heritage Expeditions Ltd v Fraser [pdf, 37 KB]

   ...position. [20] The second difference flows from this. Where a party allows the prescribed time to expire before taking any steps, the opposing party is led to believe that the right will not be exercised. Where the right in question is one of appeal or challenge to a decision already made in favour of the other party, that party will have been led to believe that the decision at first instance was final and enforceable. In such circumstances, being deprived of that certainty is s...

6. MOJ0343.1_YoungWit_Mar18_WEB.pdf [pdf, 1.8 MB]

   ...This can be unexpected and you and your parent or carer may want to talk this over with your court victim advisor or support worker. If the person is found guilty, they may be sentenced on the day or a date will be set for a sentencing hearing. Appeals Both the prosecutor and the offender have the right to appeal the verdict and the sentence. This means a higher court looks at the case again. If this happens, the prosecutor will let you know about the process. Sentencing The judge m...

7. Nepata v Karaitiana - Runanga 2D (2023) 299 Waiariki MB 8 (299 WAR 8) [pdf, 250 KB]

   ...trustees repeatedly refuses or fails to act as a trustee or whether the trustee is no longer suitable to hold office because of their conduct or circumstances. 7 Henderson v Brooking – Wharekahika A47 (2023) Māori Appellate Court MB 17 (2023 APPEAL 17) at [28] 8 Henderson v Brooking – Wharekahika A47 (2023) Māori Appellate Court MB 17 (2023 APPEAL 17) at [34]. 299 Waiariki MB 15 Kupu whakatau Decision [23] Part of the role of being a trustee is to work with the...

8. Sec-274-N-Shoebridge-16.6.20-Redacted.pdf [pdf, 110 KB]

   ...for service of person wishing to be a party: Note to person wishing to be a party You must lodge the original and 1 copy of this notice with the Environment Court within 15 working days after— ● the period for lodging a notice of appeal ends, if the proceedings are an appeal; or ● the decision to hold an inquiry, if the proceedings are an inquiry; or ● the proceedings are commenced, in any other case. Your right to be a party to the proceedings in the Court may be...

9. Vercoe v Savage - Otonga Whanau Trust [2021] Chief Judge's MB 838 (2021 CJ 838) [pdf, 280 KB]

   ...s 45 applications must be accompanied by proof of the flaw or error identified, either through the production of evidence not available or not known of at the time the order was made or through submissions on the law. [13] Finally, the Court of Appeal has recently confirmed, the power under s 44(1) falls into two parts:5 The first is the evaluative decision as to whether the order made was erroneous in fact and law because of any mistake or omission on the part of the Court or t...

10. Broughton - Succession to Priripi Tiarawhiti Totorewa [2020] Chief Judge's MB 63 (2020 CJ 63) [pdf, 64 KB]

    ...presented to the Court; and (b) If so, is it necessary in the interests of justice to remedy the mistake or omission. J. ' 4 [2009] Chief Judge's MB 209-225 (2009 CJ 209) 5 [2010] Maori Appellate Court MB 167 (2010 APPEAL 167) 2020 Chief Judge's MB 71 Korero - Discussion [12] The objections received are noted but they attempt to relitigate matters that have been previously determined by the then Deputy Chief Judge (now Chie...