Search Results

1. [2022] NZEnvC 118 Otago Regional Council [pdf, 218 KB]

   ...change to the court as the Regional Council had capacity constraints. [7] The added benefit to the Regional Council in the court determining the proceeding is that its costs are limited to those associated with a single hearing, with no right to appeal to the Environment Court on the merits of the plan change. Quantifying costs [8] The exercise of any judicial discretion must be carried out in a principled way. This discretion extends to the quantification of costs and expenses...

2. Application for an Order Requiring Payment to a Rights Owner Under Section 122O of the Copyright Act 1994 [pdf, 571 KB]

   ...provided they have written authority from you to act on your behalf in this matter (e.g. a lawyer). All documents must be in English. More information can be found at www.justice.govt.nz/cop Payment information The fee for filing a notice of appeal is $266.00 (GST included) To confirm how you pay the application fee, please visit the Ministry of Justice website: www.justice.govt.nz/tribunals/copyright/forms- and-fees/ If you need further assistance, then please contact the T...

3. D Trust v IAG New Zealand Ltd & Max C & Max E & Orange H M & Orange H G & QBE [2019] CEIT-2019-0037 [pdf, 158 KB]

   ...on a report it was unable to challenge. I can assure the insurer that although I will look at the report, I will also consider their submissions. I will give reasons if I think that the evidence has any weight, so that if the matter were to go on appeal, that issue can be considered. It needs to be transparent. If it is not, that is neither fair nor just. [22] So today, I am not declaring that any clauses in the briefs or affidavits of the witnesses are inadmissible, I am allowin...

4. Pahau - Puketapu 4 (2001) 150 Gisborne MB 174 (150 GIS 174) [pdf, 342 KB]

   ...each case should turn on its own facts. (See commentary on the reasons why the Court must take such an approach in Re Minute Book: 150 GIS 178 Nuhiti M21 (2001) 34 APGS 43 where the Maori Appellate Court discussed the High Court and Court of Appeal's decisions in Brown v Maori Appellant Court [2001] 1 NZLR 87-102 and Valuer-General v Mangatu Ine [1997] 641, 649-651 ) In this case there have been objections to the application to change the status for the purpose of facilitating...

5. BORA Police Complaints Authority (Conditional Name Protection) Amendment Bill [pdf, 104 KB]

   ...consistent with the Bill of Rights Act if it can be considered a "reasonable limit" that is "justifiable" in terms of section 5 of the Bill of Rights Act. 12. In Moonen v Film and Literature Board of Review, [1] the Court of Appeal developed a set of guidelines that are of assistance when assessing whether a provision constitutes a justified limitation in terms of section 5 of the Bill of Rights Act. The inquiry required by Moonen is essentially two-fold; whether...

6. 5 Alternative Dispute Resolution revision [pdf, 128 KB]

   ...non-participating party may face consequences in costs if that party cannot persuade the Court that the appropriate outcome is materially different from that agreed by the others. c) Settlement generally will involve the withdrawal, or partial withdrawal of an appeal or an agreement to be referred to a Judge with a request for the making of a Consent Order. d) In all cases, a mediation outcome document will be produced by the parties at the mediation and should, if possible, be signe...

7. [2010] NZEmpC 88 Coy v Commissioner of Police [pdf, 67 KB]

   ...matter is complicated, however, by s 72 of the Evidence Act. First to note, however, is that the definition of “court” in s 4 of the Evidence Act does not embrace the Employment Court. It “includes the Supreme Court, the Court of Appeal, the High Court, and any District Court” the latter of which expressly includes a family court and a youth court. As this Court has noted before, the apparently deliberate exclusion of the Employment Court from the application of t...

8. Auckland Transport 232 [PDF, 64 KB]

   ...Court ENV -2016-AKL-000232 Auckland Registry Under the Local Government (Auckland Transitional Provisions) Act 2010 (the Act) and the Resource Management Act 1991 (the RMA) And in the matter of an application under Section 274 of the RMA and an appeal under section 156(3) of the Act Between Bunnings Limited Appellant and Auckland Council Respondent and Auckland Transport Section 274 party Notice of Auckland Transport’s wish to be party to proceeding...

9. LCRO 134/2018 AH v NR (7 April 2019) [pdf, 200 KB]

   ...scope of review [41] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:5 … 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...

10. Reihana-Ngatote - Okahu 1, 3B2B2A, 3B2B2C, 3B2B2D, 4A, 4B, 4D, 4C1, 4C2, 3A3B2A (2016) 132 Taitokerau MB 120 (132 TTK 120) [pdf, 232 KB]

    ...Hearing: 8 June 2016 (Heard at Kaitaia) Judgment: 30 June 2016 RESERVED JUDGMENT (NO 3) OF JUDGE D J AMBLER 132 Taitokerau MB 121 Introduction [1] In dismissing the appeal against my decision of 9 March 2015 constituting the Ngākahu–Ngākohu Ahu Whenua Trust (“the Trust”) and appointing interim trustees, 1 the Māori Appellate Court directed a review of the performance of the trustees pursuant to...