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1. Youth Court FAQs for Professionals at Alert Level 3 - August 2020 [pdf, 91 KB]

   ...Court sitting during Alert Level 3? Yes – at Alert Level 3, the Youth Court will provide an essential service. Court buildings are open; however, for physical distancing reasons, access may be restricted, including a maximum number of people permitted in the courthouse at one time. Q: Are Rangatahi and Pasifika Courts sitting during Alert Level 3? No – the Rangatahi and Pasifika Courts will not be sitting during Alert Level 3. Monitoring appearances for these courts will be he...

2. WHT Annual Report 2019 [pdf, 267 KB]

   ...claims, being those under $20,000, in order to ensure they are quickly and efficiently heard and determined. Such claims are rare and there are none currently before the Tribunal. The Tribunal operates in an inquisitorial or investigative manner, as permitted by the Act.4 It may grant any remedy that can be claimed in a court of law, though has only limited power to award costs.5 The Chair can issue practice directions.6 There are comprehensive Directions and Guidelines in plac...

3. [2021] NZEnvC 058 The Tree Council (Auckland) Inc v Auckland Council & Zheng [pdf, 895 KB]

   ...title, owned by Mr Jianhua Zheng. It has an area of 938 square metres. There is a single dwelling on the site dating from around 1910. The land is zoned Residential - Mixed Housing Suburban. In that zone up to three dwellings may be built as a permitted activity. [5] The Aucldand Council is the local authority in respect of the property. The pohutukawa tree l6] The pohutukawa tree which is the subject of this application is located to the rear of the site. In the previous district...

4. ENV-2016-AKL-000205 Liddle v Auckland Council [pdf, 209 KB]

   ...presence of a stream, it would not be possible to construct a minor dwelling at 83 Karekare Rd, outside of the SEA, as is allowed under the PAUP (DV). 10 I seek the following relief: That up to five dwellings per large lot be a permitted activity, for properties that are more than 95% within the SEA-Ts overlay and that have a lot size of over 39 Hectares. One dwelling, the primary dwelling may be up to 200M2 in size(GFA), the others, ancillary dwellings, are to be li...

5. [2021] NZEmpC 36 Martin v Solar Bright Ltd (in liq) [pdf, 216 KB]

   ...during the substantive hearing. [14] The rules do not create a presumption in favour of access being granted and the considerations in r 12 are not listed in a hierarchy.9 [15] Access to more than the formal court record by a non-party might be permitted if what is being pursued is for a recognised and legitimate purpose.10 That purpose can include obtaining documents to assist, or to potentially assist, other litigation so long as there is a point to the exercise. There has to...

6. BORA Death with Dignity [pdf, 87 KB]

   ...substantively just and applied in a procedurally fair manner (see, for 3 E. 63 WELLINGTON, NEW ZEALAND Published by Order of the House of Representatives - 2003 instance, B.C. Motor Vehicle Reference [1985] 2 SCR 486). Consequently, whenever a law permits an individual to be deprived of life, we must, from the substantive point of view, determine whether “the right balance” has been struck between the competing values that need to be reconciled. From the procedural perspective, we mus...

7. TQ IQ v ZC [2021] NZDT 1704 (10 December 2021) [pdf, 210 KB]

   ...purchase agreement for a property, for which the original settlement date of 31 August 2021 was deferred due to Covid Alert Level 4. The new settlement date was to be 28 September 2021, 5 working days into Alert Level 3, under which moving house became permitted. 2. ZC did not settle on the property on 28 September 2021 as required by the contract – rather settlement occurred shortly after 4pm on 29 September 2021. 3. TQ and IQ claim $2144.24, being additional moving costs of $...

8. [2019] NZEnvC 207 Archibald v Christchurch City Council [pdf, 1.1 MB]

   ...managed by a property management company. Guests may use the property's pool, grounds and tennis court, but the tennis court lights are to be disabled during this time. All guests would be subject to certain conditions of stay that do not permit the playing of outdoor music between the hours of 9 pm - 8 am. While 12 guests may seem a large number of people to be accommodated, the dwelling and property are substantial. 2 The environment [7] We draw upon the agreed statement of...

9. BC v GN [2021] NZDT 1674 (28 November 2021) [pdf, 203 KB]

   ...[Town] owned and operated by GN. The first day of the planned three-day stay was 17 August 2021. Shortly after arrival at the property however, a level-4 Covid-19 lockdown was announced for the whole of New Zealand. 2. As Government policy only permitted a 48-hour travel window, BC says he and his family were required to return to their [City] home immediately, as they would be unable to complete their intended stay and comply with lockdown requirements. BC seeks a refund of $581.0...

10. Christchurch DC duty lawyer instructions [pdf, 93 KB]

    ...• experience • competence • the particular skills the duty lawyer can bring to the team as a whole. Christchurch District Court: Duty Lawyer instructions applicable from 17 December 2012 5 of 6 27. “Swapping” of sessions is not permitted. Swapping involves changes to two rostered days each time there is a replacement, and undermines the overall objective or providing a roster that meets the court’s requirements. Saturdays and public holidays 28. Duty lawyer...