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1. AB v Secretary for Justice [2019] NZRA 001 (2 September 2019) [pdf, 88 KB]

   ...sentencing on one occasion. She had appearances for pre-trial matters of bail, case review, and sentence indication which are matters that can be taken into account in terms of the Provider Manual. She has appeared as Junior Counsel in the Court of Appeal having drafted the submissions in that matter. [15] When I take those matters into consideration along with her conduct of the PAL 3 matter for which she was granted limited approval, I am satisfied that AB has met the requirem...

2. Crown Pastoral Land Reform Bill [pdf, 149 KB]

   ...fine for an infringement offence must not be more than twice the amount of the infringement fee for the offence (the infringement fee must not be more than $1,000).3 No terms of imprisonment can be imposed; and e. The leaseholder has a right of appeal and review rights as set out in the Summary Proceedings Act 1957 and the Summary Proceedings Regulations 1958. 12. For these reasons, we consider any limits within the Bill on the right to be presumed innocent until proved guilty affir...

3. Medicines Amendment Bill [pdf, 208 KB]

   ...Parliament’s decision to override extant judicial review proceedings by retrospective validation was a violation of its rights to challenge the Kaipara District Council’s decision (about rates) by way of judicial review. The majority of the Court of Appeal held that it cannot be properly argued that validating legislation results in a deprivation of rights in a section 27(2) sense.2 18. Further, the majority agreed with the Attorney-General’s submission that: 1 Andrew Butler an...

4. Water Services Regulator Bill Advice [pdf, 102 KB]

   ...partnership, which arises from the Treaty of Waitangi. The Treaty creates a basis for civil government, on the basis of protections and acknowledgement of Māori rights and interests within New Zealand’s shared citizenry.3 We also note the Court of Appeal’s decision in New Zealand Maori Council v Attorney- General, where the Court said that “[t]he duty of the Crown is not merely passive but extends to active protection of Māori people in the use of their lands and waters to the fu...

5. Position profile Environment Commissioners March 2021 [docx, 29 KB]

   ...any number · 9 Environment Commissioners of which there can be any number · 3 Deputy Environment Commissioners (who act in place of Commissioners during periods of absence) and again there can be any number. The Court considers applications and appeals made under the RMA and has wide ranging jurisdiction under the Act. It also has significant jurisdiction under other legislation. A quorum for the Court is one Judge and a Commissioner but the general practice is for a Judge to sit with...

6. Blyde v Eastside Medical Centre (Strike-Out Application) [2020] NZHRRT 12 [pdf, 96 KB]

   ...[7] This consideration must however be balanced against the need to ensure that a statement of claim is sufficiently accurate, clear and intelligible to enable the defendant to be fairly informed of the case to be met (as discussed by the Court of Appeal in Commissioner of Inland Revenue v Chesterfields Preschools Ltd [2013] NZCA 53, [2013] 2 NZLR 679 at [84]). [8] Furthermore, sections 82 and 83 of the Privacy Act 1993 limit proceedings in this Tribunal to matters where there has bee...

7. Position profile: Environment Commissioners [pdf, 107 KB]

   ...• 11 Environment Commissioners of which there can be any number • 3 Deputy Environment Commissioners (who act in place of Commissioners during periods of absence) and again there can be any number. The Court considers applications and appeals made under the RMA and has wide ranging jurisdiction under the Act. It also has significant jurisdiction under other legislation. A quorum for the Court is one Judge and a Commissioner but the general practice is for a Judge to sit w...

8. Proactive Release - Minute of decision for arbitrating commercial leases disputes [pdf, 607 KB]

   ...provide clear guidance on what other measures parties may agree to as a temporary change to support them both through the pressures caused by COVID-19; 3.5 require any disputes under the implied clause to be settled in arbitration; 4 noted that any appeals of an arbitral decision would be allowed under the grounds established in the Arbitration Act 1996; 5 agreed that the government will support parties to access arbitration in a timely and cost- effective manner through a government su...

9. [2021] NZEmpC 190 Best Health Foods Ltd v Berea [pdf, 183 KB]

   ...sch 3 of the Employment Relations Act 2000, the Court has a broad discretion to order any party to pay to any other party such costs and expenses as the Court thinks reasonable. The principles are well established, as set out in several Court of Appeal judgments.4 4 Victoria University of Wellington v Alton-Lee [2001] ERNZ 305 (CA) at [48]; Binnie v Pacific Health Ltd [2002] 1 ERNZ 438 (CA) at [14]; and Health Waikato Ltd v Elmsly [2004] 1 ERNZ 172 (CA) at [17]. [9] Th...

10. [2021] NZEnvC 102 Bay of Islands Maritime Park Incorporated v Northland Regional Council [pdf, 2.9 MB]

    IN THE ENVIRONMENT COURT AT AUCKLAND I TE KOTI TAIAO O AOTEAROA KI TAMAKI MAKAURAU IN THE MATIER OF AND BE1WEEN AND Decision No. [2021] NZEnvC 102 appeals under clause 14(1) of Schedule 1 of the Resource Management Act 1991 an application for confidentiality orders under section 279(3) and 42(2) of the Act BAY OF ISLANDS MARITIME PARK INCORPORATED (ENV-2019-AKL-000117) ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND IN CORPORA TED (ENV-2019-AKL-000127)...