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1. Baker - Te Tii (Waitangi) B3 Trust (2011) 19 Taitokerau MB 116 (19 TTK 116) [pdf, 9 MB]

   ...some reason) in anticipation of the new trust order. The Court also amended the application to include a review under s 351 and adjourned the application for the trustees to finalise the new trust order. [26] The order appointing trustees was appealed to the Māori Appellate Court. 5 On 12 March 2002 the Court dismissed the appeal but concluded that the lower Court did not have jurisdiction to review the trust under s 351. The application was therefore at an end. However, the C...

2. [2015] NZEnvC 137 Tram Lease v Auckland Transport and Auckland Council [pdf, 813 KB]

   1 BEFORE THE ENVIRONMENT COURT Hearing at: Court: Appearances: Decision No. [2015] NZEnvC \~1 IN THE MATTER of an appeal under a decision on one of the Notices of Requirement for the City Rail Link pursuant to sl74 of the Resource Management Act 1991 (the Act) BETWEEN TRAM LEASE LIMITED (ENV-2014-AKL-000057) Appellant AND CJM INVESTMENTS LIMITED A party under s274 RMA AND AUCKLAND TRANSPORT Respondent/Requiring Authority AND AUCKLAND COUNCIL Territorial Aut...

3. Deliu v New Zealand Law Society and National Standards Committee (Second Recusal Application) [2013] NZHRRT 12 [pdf, 122 KB]

   ...The case for the defendants [51] The principal points made by the defendants were: [51.1] The recusal application is a collateral challenge to the interim order decision of the Tribunal given on 8 February 2012, a decision which was neither appealed by Mr Deliu nor made the subject of judicial review proceedings. [51.2] It was not necessary for the Tribunal in its interim order decision to recite in detail the evidence of Mr Deliu and the copious materials he has produced. [51.3]...

4. Impact summary RIA Extended Control Orders [pdf, 369 KB]

   Impact Summary Template | 1 Impact Summary: Extended control orders Section 1: General information Purpose The Ministry of Justice is solely responsible for the analysis and advice set out in this Regulatory Impact Statement, except as otherwise stated. This analysis and advice has been produced for the purpose of informing key (or in principle) policy decisions to be taken by Cabinet. Key Limitations or Constraints on Analysis Limitations and constraints on

5. LCRO 211/2018 AB v CD (3 July 2019) [pdf, 256 KB]

   ...scope of review [76] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:8 … 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...

6. [2020] NZEmpC 61 Leota v Parcel Express Ltd [pdf, 465 KB]

   ...being undertaken is rapidly evolving, both within New Zealand and overseas. 2 Prasad v LSG Sky Chefs New Zealand Ltd [2017] NZEmpC 150, [2017] ERNZ 835 (footnotes omitted). Not disturbed on appeal by the Court of Appeal: LSG Sky Chefs New Zealand Ltd v Prasad [2018] NZCA 256. [32] The Court observed that labour-hire arrangements (which it was concerned with) were part of the evolution of work in New Zealand and the way...

7. [2021] NZACC 52 - Thompson v ACC (17 March 2021) [pdf, 230 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 52 ACR 35/19 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN RUSSELL THOMPSON Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 10 February 2021 Heard at: Christchurch/Ōtautahi Appearances: Ms P Tucker together with Mrs L Thompson (wife of the appellant)...

8. [2023] NZEnvC 021 Regina Properties Ltd v New Plymouth District Council [pdf, 611 KB]

   IN THE ENVIRONMENT COURT AT NEW PLYMOUTH I TE KOTI TAIAO O AOTEAROA KINGAMOTU IN THE MATIER OF BETWEEN AND Decision [2023] NZEnvC 021 an appeal under s 120 of the Resource Management Act 1991 REGINA PROPERTIES LIMITED (ENV-2021-AKL-000146) Appellant/ Applicant NEW PLYMOUTH DISTRICT COUNCIL Respondent Court: Environment Judge B P Dwyer Environment Commissioner A C E Leijnen · Hearing: In New Plymouth on 9 and 10 August 2022 Last Case Event: Site visit on 16 Sept...

9. Reid v New Zealand Law Society [2023] NZLCDT 7 (24 March 2023) [pdf, 248 KB]

   ...theft, it is a lesser offence, but it is not trivial, especially in the context of conduct expected from a lawyer. Judge Collins, in sentencing her, described her offending as “if not the most serious of its type, very close to that.”14 On appeal, Venning J said: “I conclude that the Judge was right to find that Ms [Reid’s] offending was serious offending of its type so that, even taking into account the mitigating factors referred to, the gravity of the offending in this case...

10. LCRO 125/2023 TR v HJ (28 November 2023) [pdf, 265 KB]

    ...section 148 of the Land Transfer Act 2017, a person, including the agent of a person, who lodges a caveat against dealings without reasonable cause is liable to pay compensation to a person who suffers loss or damage as a result, and the Court of Appeal found in Gordon v Treadwell Stacey Smith [1996] 3 NZLR 281 that section 148 (or the equivalent section in the previous legislation) extends to solicitors. [8] On 5 April 2022, the applicant’s lawyer sent a further letter to the responde...