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...affirmed in the Bill of Rights Act. Melanie Webb Acting Chief Legal Counsel Office of Legal Counsel 3 See Drew v Attorney-General [2002] 1 NZLR 58, in which the Court of Appeal held that regulations that are inconsistent with the Bill of Rights Act would be ultra vires and invalid unless the empowering statute authorises the making of regulations that are inconsistent with that Act. In addition to the general...
BEFORE THE ENVIRONMENT COURT AT AUCKLAND I MUA I TE KOTI TAIAO O AOTEAROA Kl TA.MAKI MAKAURAU IN THE MATTER AND BETWEEN AND Decision No. [2020] NZEnvC 2. l 0 of the Resource Management Act 1991 (the RMA) of an appeal application for enforcement orders under s 316 the RMA HAMIL TON CITY COUNCIL (ENV-2019-AKL-000319) Applicant GLOBAL METAL SOLUTIONS LIMITED First Respondent Court: Environment Judge M Harland Environment Commissioner A Gysberts Hearing: On the pa...
...scope of review [15] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … 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. 1 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [39]–[41]....
...freely reported as part of the overriding principle of access to justice. Documents produced in court are available for inspection. The High Court Rules recognise that outside of that hearing process, and for a brief period afterwards covering the appeal period, persons other than the parties need permission to inspect documents held on a court file. As referred to in Eden Group Ltd v Jackson, 2 the 2 Eden Group Ltd v Jackson [20...
...above by Winkelmann J. The offending demonstrates that the Practitioner is unfit to continue practice as a lawyer. [9] The need to maintain the reputation of the profession is also a relevant factor. Sir Thomas Bingham MR for the English Court of Appeal said in Bolton v Law Society in respect of the discipline of solicitors:10 8 Sentencing notes at [39]. 9 Hart v Auckland Standards Committee 1 of the New Zealand Law Soc...
...Manager, Ministerial Advice Office of Legal Counsel Margaret Dugdale Policy Manager, Bill of Rights/Human Rights Public Law Group Footnotes 1 In applying section 5, the Ministry of Justice has regard to the guidelines set out by the Court of Appeal in Ministry of Transport (MOT) v Noort [1993] 3 NZLR 260; Moonen v Film and Literature Board of Review [2000] 2 NZLR 9; Moonen v Film and Literature Board of Review [2002] 2 NZLR 754; and the Supreme Court of Canada’s decision in R...
...we consider the provisions in the Bill to be consistent with the requirements of s 25(a) NZBORA on the following grounds: 7.1 Justices in performing "judicial functions" have a very limited jurisdiction, and most decisions are subject to appeal or review by Judges operating in a judicial process with its own systemic guarantees of "independence and impartiality". 7.2 New sections 5(2) and 5D(1) exclude any person who is a Justice by virtue of being a District Court J...
...considered; e) The court will consider whether irreparable damage will be suffered by the applicant if the order is not made. [8] In addition Judge Travis considered Thornton Hall Manufacturing Ltd v Shanton Apparel Ltd 4 where the Court of Appeal stated: The parties should have every opportunity to ensure that the real controversy goes to trial so as to secure the just determination of the proceeding. [9] He also cited from Tawhiwhirangi v Attorney-General in respect of the Chi...
...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...
...should find that they “resulted from or related to participation in a strike ... that is lawful under section 83 ...”,5 which meant that the Court must dismiss the proceeding. [26] Relying on an argument advanced in an application for leave to appeal to the Court of Appeal in New Zealand Fire Service Commission v McCulloch, Mr Cranney said that s 99(3), on which Unite relies, provides immunity from suit where there is a legal strike or lockout.6 [27] He said this conclusion...