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1. [2018] NZEnvC 178 The Friends of Sherwood Trust & Ngati Paoa Trust Board v The Chief Executive of the Auckland Council [pdf, 2.6 MB]

   ...Affidavit of Mr Ward dated 11 September 2018, page 29, paragraph [65] 3 Second affidavit of Ms Allies dated 10 September 2018, paragraph [5] 5 an area of approximately 17,000 hectares. Under the Auckland Regional Parks Management Plan 2010, the protection of the ecological values of Kohukohunui is identified as a priority.4 Part of fulfilling this obligation includes managing pests including possums, rats and mustelids, the latter category of which includes stoats, weasels and f...

2. BORA Depleted Uranium (Prohibition) Bill [pdf, 194 KB]

   ...unreasonable search and seizure. There are two limbs to the s 21 right. First, s 21 is applicable only in respect of those activities that constitute a ‘search or seizure’. Secondly, where certain actions do constitute a search or seizure, s 21 protects only against those searches or seizures that are ‘unreasonable’ in the circumstances. 6. Clause 8 of the Bill provides that any uranium ammunition, armour, or weapon in respect of which an offence has been committed is to be forfei...

3. BORA Tauranga Moana Iwi Collective Redress Bill [pdf, 279 KB]

   ...Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions. Footnotes...

4. BORA Judicial Matters Bill [pdf, 190 KB]

   ...complaints properly considered. 11. The provision for the appointment of additional Associate Judges of the High Court also has the potential to affect judicial independence. Associate Judges are subject to a more limited (though still substantial) protection of tenure under s 26E(i) of the Judicature Act 1908 than are Justices of the High Court under s 23 of the Constitution Act 1986. Given, however, the defined responsibilities of Associate Judges and the susceptibility of their decisi...

5. Clarke v Runanga o Onuku - Te Whanau a Hinemataiao Puhirere Incorporation (2001) 92 South Island MB 225 (92 SI 225) [pdf, 142 KB]

   ...hearing. The question for me now is whether the application should be adjourned to allow the parties to undertake further discussions or whether the application should simply be dismissed. This is an issue which, in the circumstances, ought to be carefully considered. The decisive factors, to my mind, are these: 1 The experience of the hui and the earlier judicial conference indicate that Mr Clark has little support outside his immediate family; 2 Mr Clark seems disinterested in proce...

6. 2021-02-25 List of Parties [pdf, 116 KB]

   ...and Game Council and the Central South Island Fish and Game Council Service via the website S274 Party Phil Murray Resource Management Ltd Service via the website S274 Party Pine Terrace Ltd Service via the website S274 Party Pomahaka Water Care Group Service via the website S274 Party Puketoi Farming Company Ltd Service via the website S274 Party Queenstown Lakes District Council Service via the website S274 Party Ravensdown Limited (Ravensdown) Service via the website S274 Pa...

7. 2 March 2020 Minister for Children [pdf, 145 KB]

   ...ENVIRONMENT COURT http://www.justice.govt.nz/courts/environment-court EC4240_NoticeOfSessionListOfParties SCHEDULE OF PROCEEDINGS Direct referral of a notice of requirement by the Minister of Children to alter designation 3800 "Care and Protection Residential Centre- Upper North" in the Auckland Unitary Plan 1. Minister for Children Requirement Direct To The Environment Court pursuant to Section 198 of the Resource Management Act 1991 Court R...

8. ENVC Hearing 6Oct14 DM Piritahi Paora Joseph [pdf, 119 KB]

   ...Whakawhanaungatanga occurred through Hera’s manaaki of the slaves – she gave them freedom and status and Wiremu Hoete gave them land so that they would have security and independence. 18. Whanaungatanga is the relationship and manaakitanga is the caring and nuturing aspect of the relationship. With whanaungatanga the relationship is not just a relationship with the people, it’s a relationship with the land and the moana. Therefore Koro Rapata had a responsibility of kaitiak...

9. [2016] NZEmpC 91 Khurana v Singh [pdf, 100 KB]

   ...would be responsible for pursuing such an action. In default, Mr Singh could raise these issues at the same time as he sought an order authorising him to continue with his proceedings against Corporate Energy. However, Mr Singh would need to give careful consideration to costs incurred in pursuing any such claim against the directors in this way. Even if successful, any recovery procured from the directors might simply have the effect of providing funds for distribution to all of...

10. High quality legal aid services [pdf, 466 KB]

    ...well handled and although the plea was fairly straightforward there was evidence of the client’s cooperation […] and the provider was able to push matters to the extent that a good sentence was handed down. On each file reviewed, the facts are carefully analysed, relevant law applied and clear defence strategy/advice given; invariably resulting in outcomes in the band of very good to excellent. In criminal legal aid there was good use of the sentence indication process as a means to...