Search Results

1. [2015] NZEnvC 218 Waiheke Marinas Ltd [pdf, 11 MB]

   ...with the Environment Court all that time. In mid-2013 the Applicant requested the Council under s87D to refer the application directly to the Environment Court for a first instance (and only) merits hearing. At the end of that year the Applicant filed a Notice of Motion with the Environment Court under s87G, the Council having earlier indicated that it would support direct referral. The direct referral process thereupon commenced. [4] In late January 2014 the period for lodging of sub...

2. 2021-04-21 Transcript (up to end of day 20) [pdf, 5.9 MB]

   BEFORE THE ENVIRONMENT COURT AT CHRISTCHURCH ENV-2020-CHC-127 IN THE MATTER OF The Resource Management Act 1991 AND Of a notice of motion under section 149T(2) to decide proposed Plan Change 7 to the Regional Plan: Water for Otago (referred to the Environment Court by the Minister for the Environment under section 142(2)(b) of the Act) OTAGO REGIONAL COUNCIL Applicant Hearing Commenced: 12 April 2021 held in Cromwell Court: Environ

3. OIA-109706-v2.pdf [pdf, 6.4 MB]

   ...the Child Best Practice Guidelines. 5. Developing guidelines for interview questions for lawyer for the child, specifically providing guidance and examples on questions to ask. 6. Considering the provision of more formalisation of the Memoranda filed by lawyer for the child in proceedings, to ensure information is being provided that will assist the decision-maker in determining the child’s welfare and best interests. That the Ministry of Justice, in consultation with the New...

4. Evaluation of Defendant-centred Courtroom pilot [pdf, 1.3 MB]

   ...there was a query from the judge or prosecutor which required input from the defendant. Some said that when they were acting as a duty lawyer they might not have met the defendant before they appeared in the court and only had information from their file. In this regard the DCC afforded the lawyer more opportunity to speak to the defendant, get more information, take instructions if needed and explain what was happening. These findings are consistent with findings from defendants who said...

5. CBA v LKJ Ltd [2014] NZHRRT 13 [pdf, 205 KB]

   1 (1) ORDER PROHIBITING PUBLICATION OF NAME, ADDRESS OR IDENTIFYING PARTICULARS OF THE PLAINTIFF, DEFENDANT AND EMPLOYEES OF THE DEFENDANT (2) ORDER PREVENTING SEARCH OF THE TRIBUNAL FILE WITHOUT LEAVE OF THE CHAIRPERSON OR OF THE TRIBUNAL IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2014] NZHRRT 13 Reference No. HRRT 034/2011 UNDER THE HUMAN RIGHTS ACT 1993 BETWEEN CBA PLAINTIFF AND LKJ LIMITED DEFENDANT AT WELLINGTON BEFORE: Mr R...

6. Holmes v Housing New Zealand Corporation [2014] NZHRRT 54 [pdf, 214 KB]

   ...making specific mention of removing personal information from the MSD income statement. This letter has been date stamped as received by HNZC on 2 June 2006. But the Tenant Comments Reports have no record of the visit by Mr Holmes to HNZC or of the filing of the IRR application or of the accompanying letter. [53.2.2] On 9 March 2011 Mr Holmes delivered to HNZC the “earthquake” income statement with which he had been provided by MSD. The statement was date stamped by HNZC on 01 Ma...

7. [2020] NZEmpC 63 Southern Taxis Ltd v A Labour Inspector [pdf, 518 KB]

   ...above four drivers contacted the Labour Inspectorate’s Dunedin office, and MBIE’s service centre, asserting that they had not been receiving minimum entitlements as employees, particularly holiday and leave payments. Mr Carnahan and Mr Powell filed written complaints; I find that the complaint lodged by Mr Powell was on behalf of himself and his wife. Mr Kennedy’s similar concerns were raised via MBIE’s service centre. Statements were then taken from each of those persons...

8. [2022] NZEnvC 230 Protect Aotea v Auckland Council [pdf, 978 KB]

   ...actual and reasonable costs incurred to ensure compliance with the conditions attached to these consents. Advice note: The initial monitoring deposit is to cover the cost of inspecting the site, carrying out tests, reviewing conditions, updating files, etc., all being work to ensure compliance with the resource consents. In order to recover actual and reasonable costs, monitoring of conditions, in excess of those covered by the deposit, shall be charged at the relevant hourly rate applic...

9. 20240806-FINAL-Proactive-Release-Sentencing-Reform-Tranche-One.pdf [pdf, 2.1 MB]

   ...case may be undermined; 79.2. offenders are increasingly choosing to be self-represented which may cause more court events due to advancing irrelevant arguments, requiring extra explanation and support and later guilty pleas; and 79.3. the profile of offenders coming before the courts for sentencing has changed, with more repeat serious offenders, who are less risk averse and stand to benefit less from early guilty pleas. 80. The extent to which a statutory sliding scale counteracts...

10. OIA-120087.pdf [pdf, 5.5 MB]

    ...10. Security industry representatives, the New Zealand Security Association (NZSA), have said that there is legal uncertainty about security guards’ ability to physically intervene when they see crime. 11. There have also been several high-profile incidents where Police have advised members of the public who have detained alleged or would-be offenders to release them, which seems to have added to the confusion.3 Concerns about safety and Police resourcing appear to have been relevant...