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1. Nicholls v Nicholls - Koromatua 3A [2018] Māori Appellate Court MB 604 (2018 APPEAL 604) [pdf, 303 KB]

   ...appropriate to send the matter back to the Court below for further hearing. There is a need for finality in litigation. The appellant had the opportunity to furnish the information earlier in the process. These proceedings have consumed the time and resources of the parties for many years, and so it is necessary that they are concluded. [39] In any event, the obligation is on the defaulting party to produce cogent evidence demonstrating where reasonable deductions should be mad...

2. Alcohol and Other Drug Treatment Court 2018-19: cost–benefit analysis [pdf, 400 KB]

   ...to the justice system, without receiving potential benefits derived from treatment. The AOD assessments for offenders referred to the courts are intended to evaluate participants’ health needs, not necessarily a triage progress for the local resources available. AODT Court operations are constrained by these local supply and demand issues. Potential future modifications in expenditure The quantitative health report found that the AODT Court incurs a higher cost of AOD testing...

3. LCRO 105/2020 AG v BH & CI (19 February 2021) [pdf, 179 KB]

   ...escalate. Outcomes are frequently uncertain. On occasions, parties, even if they have a strong desire to abandon the litigation, have difficulty extricating themselves. Frequently, a lawyer’s client will have expended such a significant amount of resources into advancing the litigation, that the option of withdrawing does not present as feasible. [49] A factor which can significantly influence decisions made in the course of conducting litigation, is the conduct of the opposin...

4. BORA Education Pastoral Care Amendment Bill [pdf, 218 KB]

   ...development, promotion, and quality assurance of the export educa- tion sector, which may include (without limitation)— (i) professional and institutional development; and (ii) marketing; and (iii) implementation of scholarship schemes; and (iv) research, and resource development; and (v) support (financial or otherwise) of other bodies engaged in the development, promotion, or quality assurance of the export educa- tion sector: (ab) the making of payments as set out in subsections (2) and...

5. Waitangi Tribunal Hearing Calendar (11 July 2019) [pdf, 476 KB]

   ...Burke, C; Miller, S & Woodley, S 2 Wai 814/Wai 1489 Mangatū Remedies - Panel Members: Judge Milroy; Roa, T; Castle, T; & Parsonson, A Staff: Morgan, J; Siameja, N; Boxall, B & Small, F 3 Wai 2358 - The National Fresh Water and Geothermal Resources – Panel: Chief Judge Isaac; Crosby, R; Anderson, R; Phillipson, G; & Temara, P / Staff: Cameron, J; Vaafusuaga, T; Moko-Mead, H; & Burke, C 4 Wai 2522 - The Trans-Pacific Partnership Agreement – Panel Members: Judge Doogan;...

6. Provision of Public Information for the 2020 Referendums [pdf, 857 KB]

   ...s9(2)(f)(iv) s9(2)(f)(iv) RE LE AS ED B Y TH E MIN IS TE R OF JU ST IC E communications infrastructure, such as a single website, staff and a single publicity campaign to signpost voters to the website for information on both referendums. Resourcing and oversight of the electoral work programme 55. In order to deliver an effective and well-run public information programme Justice requires specialist procurement advice, communications support, programme and co...

7. Baker v Hemana - Tataraakina C (2020) 87 Takitimu MB 100 (87 TKT 100) [pdf, 277 KB]

   ...resolution to the ongoing issues of bovine TB on Tataraakina land and the wider impact on 87 Tākitimu MB 106 neighbouring landowners. The Respondent submitted that he has also taken into account the best use of the Trust’s financial resources in his decision, and that there would be a significant cost to the Trust if it were to implement an entirely ground-based operation. In response to Mr Baker’s proposal of entering into an arrangement like the Ngāti Pahauwera Develo...

8. 2020-09-18-EPA-PC1-PC8-Summary-of-Submissions-Report-UPDATED.pdf [pdf, 685 KB]

   ...September 2020 │ Status: Final │ Project No.: 310003192 │ Our ref: rOmnibusPlanChangeSumm_Fnl v2.docx Page 1 1. Introduction On 8 April 2020, the Minister for the Environment issued a direction under section 142(2) of the Resource Management Act 1991 (RMA) to call in the Otago Regional Council’s Omnibus Plan Change and refer it to the Environment Court for decision. The Omnibus Plan Change, also known as the Water Quality Plan Change, comprises: Plan Change...

9. [2018] NZSSAA 25 (25 May 2018) [pdf, 264 KB]

   ...principles relating to negating the effect of deprivation of assets was reinforced by a 2007 amendment to the Act adding s 1A which sets out the principle that for persons seeking support under the Act: … where appropriate they should use the resources available to them before seeking financial support under this Act … [9.6] The Ministry referred to authorities affirming the principle expressed in s 1A,6 and its application to the deprivation of assets.7 [10] Against that leg...

10. [2021] NZREADT 44 - Lawrence v Registrar of the Real Estate Authority (16 August 2021) [pdf, 275 KB]

    ...submitted that if s 112 is interpreted as allowing a review of a s 74(3) determination, it will open up avenues for litigation on “preliminary points”, which is not an effective use of the disciplinary process and distracts from the proper use of resources. He submitted that reviews of decisions as to fees and levies, and amendments to the Register would also be available under s 112. [34] Mr Hodge submitted that the absence of a right of review by the Tribunal does not mean th...