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1. Bamber v Monschau - Tahorakuri A No 1 Section 33A2 [2016] Maori Appellate Court MB 363 (2016 APPEAL 363) [pdf, 183 KB]

   ...seek a 50 per cent contribution being $2,035.25. The appellants oppose any award. Issue [9] The issue for determination is whether costs should be awarded and if so, for what amount? Trustees’ submissions [10] Counsel submitted that time and resources have been spent on considering the jurisdictional issue raised, the potential cumulative effect of both appeal proceedings and the ongoing disputes between the parties, and the costs of briefing and advising the trustees on the ap...

2. YCAP - action planning presentation [pdf, 1.2 MB]

   ...implementation phases. We should: •Involve iwi/ hapū, community groups and interested individuals when coming up with solutions •Try to involve people who are influential in our community, those with good networks and those with access to resources in the community •Try to inspire people to help develop our solutions and put them into practice •Try to involve hard-to-reach communities (minority groups such as immigrant communities, socio-economically disadvantaged groups...

3. RIA - Prohibition of Conversion Practices [pdf, 355 KB]

   ...communities that are most likely to use conversion practices tend to be insular and difficult to influence through secular channels. Educational approaches would require funding for programme design and development, production of materials and resources, and programme delivery. A sustained delivery approach would be required because a one-off campaign is unlikely to have a significant impact on strongly held beliefs. With non-regulatory approaches, such as education, conversion p...

4. CEO Position Profile [docx, 35 KB]

   ...ensuring legal and legislative obligations are met; · proactively managing risks, opportunities for innovation and information to best effect; · monitoring developments in other jurisdictions in relation to electoral matters; · implementing modern human resource policies and practices including Health and Safety; · providing leadership to a wide range of contractors, managers and staff including the up to 25,000 temporary staff who work for the Commission during a general election or an ele...

5. Hurricanes Crusaders Chiefs v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 128 [pdf, 266 KB]

   ...[1963] NZLR 339, 353- 354 (CA); Edwards v Bairstow [1995] 3 All ER 48, 57. [25] Even if the qualifying criteria are made out, the Court has an extensive discretion in the grant or refusal of leave so as to ensure proper use of scarce judicial resources. Leave is not to be granted as a matter of course. One factor in the grant of leave is the wider importance of any contested point of law: eg. Jackson and Kenyon above. [5] An error of law will also arise where a decision is wrong...

6. 29 Unit Owners in The Anchorage [2012] NZWHT Auckland 33 [pdf, 100 KB]

   ...[14] In considering whether the complex, or individual units within the complex, was intended to have as its principal use occupation as a private residence, it is necessary to look at the history of the development. When the application for resource consent was filed it was for an accommodation complex comprising a combination of visitor accommodation units and residential units. However, the building consent was to erect four levels of apartments over a full basement and car pa...

7. [2022] NZEmpC 60 The Chief of New Zealand Defence Force v Darnley [pdf, 200 KB]

   ...the Court noted that those factors did not preclude her from engaging in job-seeking activities from as early as 27 March 2019 and attending various job interviews (within the 90-day period). It was also noted that she was an experienced Human Resources practitioner and would have been well aware of the 90- day time period for raising a grievance. In view of those considerations, the Court found that the delay was not occasioned by exceptional circumstances and that it was not appr...

8. [2023] NZEnvC 054 Pascoe v Minister for Land Information [pdf, 193 KB]

   ...authorised further sub-delegation of that power to employees of LINZ. And if so; (b) whether the service of any notices issued under s 18 or s 23 of the PWA were lawfully served on Mr & Mrs Pascoe under the State Services Act 1988, PWA or the Resource Management Act 1991 (RMA). [4] There is a difference of opinion between Mr & Mrs Pascoe (the objectors) and the Crown as to whether the above issues are justiciable by the Environment Court. It is the Crown’s view that...

9. TR v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 82 [pdf, 262 KB]

   ...construed or interpreted and applied to the facts is a question of law … . [25] Even if the qualifying criteria are made out, the Court has an extensive discretion in the grant or refusal of leave so as to ensure proper use of scarce judicial resources. Leave is not to be granted as a matter of course. One factor in the grant of leave is the wider importance of any contended point of law. Grounds of appeal [23] The applicant submitted the Judge’s findings of fact were unsupp...

10. 2021-12-02 ORC - MOC - re PC1 Chapter 7 (Landfills) & PC8 Part H [pdf, 138 KB]

    IN THE ENVIRONMENT COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY I TE KŌTI TAIAO O AOTEAROA ŌTAUTAHI ROHE ENV-2020-CHC-128 UNDER the Resource Management Act 1991 (RMA) IN THE MATTER of the Omnibus Plan Change - Plan Change 8 and Plan Change 1, being part of a proposal of national significance directed by the Minister for the Environment to be referred to the Environment Court under section 142(2)(b) of the RMA AND IN THE MATTER of an application under section 149T of t...