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1. LCRO 182/2017 TP v ZN (14 September 2020) [pdf, 414 KB]

   ...scope of review [87] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:12 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

2. [2023] NZEnvC 007 Ravenswood Developments Limited v Waimakariri Distrrict Council [pdf, 1.1 MB]

   RAVENSWOOD DEVELOPMENTS LIMITED v WAIMAKARIRI DISTRICT COUNCIL IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2023] NZEnvC 7 IN THE MATTER of the Resource Management Act 1991 AND an appeal under Clause 29 of Schedule 1 of the Act on Private Plan Change 30 to the Waimakariri District Plan BETWEEN RAVENSWOOD DEVELOPMENTS LIMITED (ENV-2022-CHC-001) Appellant AND WAIMAKARIRI DISTRICT COUNCIL Respondent Environment Judge J...

3. 20240806-FINAL-Proactive-Release-Sentencing-Reform-Tranche-One.pdf [pdf, 2.1 MB]

   ...potentially requiring thousands of additional prison beds within the next 5 – 10 years; 5.2. increase court delays as a result of more complex sentencing arrangements that could increase adjournments and the length of hearings; 5.3. increase appeals, legal challenges and compensation for breaches of the New Zealand Bill of Rights Act 1990 (NZBORA). 6. We have identified some preliminary options to address these issues and deliver on the Government’s objective of restoring law and...

4. Christie Alexis Lesley MARCEAU (CSU-2011-AUK-001471) [pdf, 12 MB]

   ...inquiry would consider whether the Judge exercised his judicial discretion to grant bail correctly. However, the inquest had no power to do so. This is because the grant of bail is a judicial decision that can be properly reviewed only by way of appeal (which did not occur in this case )3 or judicial review by a higher court (which the Coroner's Court is not). A coroner's inquest cannot be used to re-litigate the correctness or otherwise of a judicial decision. (b) Likewis...

5. [2016] NZEnvC 140 South Epsom Planning Group Inc & Three Kings United Group Inc v Auckland Council [pdf, 5.4 MB]

   ...carry out their functions in order to achieve the purpose of the Act. [19] Sections 74 and 75 RMA then go on to identify a series of specific requirements for preparation and change of district plans and their contents. The Environment Court in Appealing Wanaka Incorporated v Queenstown­ Lakes District Councif summarised the obligations of territorial authorities (and the Court) when considering the preparation or change of a district plan in these terms: Apart from their formal...

6. [2023] NZEmpC 105 Pilgrim & Ors v Attorney-General & Ors [pdf, 596 KB]

   ...the Overseeing Shepherd during much of the time that these proceedings are concerned with. [11] Hopeful Christian was sentenced to prison for sex offences against young women within the Gloriavale Community in 1995.12 He did not pursue an appeal against his convictions. He did pursue an appeal against the sentence that had been imposed. The Court of Appeal dismissed that appeal on grounds set out in a judgment of the Court.13 It was apparent that this sequence of events, and...

7. AE v Secretary of Justice 21 November 2017 NZRA 004/2017 (Amended) [pdf, 118 KB]

   ...applicant has drawn my attention to an error which he says he created in his covering letter of 26 June 2017 in which he stated that he was seeking approval for “Criminal category 4” along with PDLA, Duty Solicitor, Civil (Employment) and Court of Appeal and Supreme Court. 3. The Applicant advises that he was seeking approval in Criminal PAL 1-4 as his substantive application recorded. He seeks that my decision now be amended to include approvals for Criminal PAL 1-3. 4. He...

8. [2017] EmpC 123 Quality Consumables Ltd v Hannah [pdf, 73 KB]

   ...able to recover any GST payable by her in respect of her legal fees. [5] No memorandum in respect of costs has been received on behalf of the plaintiff. The sum claimed on behalf of Ms Hannah appears reasonable. On the basis of the Court of Appeal’s decision in New Zealand Venue and Event Management Ltd v Worldwide NZ LLC, 3 Ms Hannah is also entitled to reimbursement of GST on the costs awarded. [6] Accordingly, there will be an order for costs against the plaintiff in the s...

9. 18 December 2015 Legal Aid News [pdf, 373 KB]

   ...family listing and provider approval will cover proceedings which:  begin in the Family Court and are transferred by the Judge to the High Court; or  are family proceedings commenced in the High Court (which is more unusual); or  are appeals from Family Court proceedings. We will no longer require a civil approval for such matters. However, legal aid lawyers with a civil approval can continue to act, on a case-by-case basis, on family matters that concern the estates of d...

10. [2018] NZEnvC 099 Glencoe Land (JV Ltd) v Queenstown Lakes District Council [pdf, 456 KB]

    " BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2018] NZEnvC 99 of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act GLENCOE LAND (JOINT VENTURE) LIMITED (ENV-2017 -CHC-000041) Appellant QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Environment Judge J R Jackson Hearing: In Chambers at Christchurch Date of Decision: 26 June 2018 Date of Issue: 26 June 2018 ERR...