Search Results

1. 9 December 2019 Pacey Family Trust v Auckland Council [pdf, 94 KB]

   ...Lake Road Preservation Society Incorporated v Nampara Holdings Limited & Pacey Family Trust No 2 Paceys Family No. 2 Trust v Auckland Council Application For Enforcement Order pursuant to Section 316 of the Resource Management Act 1991 Appeal Against Decision Of Consent Authority pursuant to Section 120 of the Resource Management Act 1991 Court Reference: ENV-2017-AKL-000187 Court Reference: ENV-2019-AKL-000169 1. i. ii. Topic:...

2. 2021-07-28 Minister for Environment - Legal submissions in relation to the pORPS [pdf, 173 KB]

   ...2021. 4 Dated 23 July 2021. 3 8. Submissions do not close until 3 September 2021.5 There has been no opportunity yet to challenge the proposed provisions or to know what aspects of pORPS are accepted. There has been no objection or appeal process or independent decision making. 9. I agree that the pORPS must be accorded some weight as representing a significant shift in Council policy and recognising that the current RPS does not give effect to the National Policy...

3. OIA-97004.pdf [pdf, 810 KB]

   ...time from filing to disposal for High Court Civil Cases disposed of involving a substantive hearing during the calendar years 2021 - 2022 2021 2022 General Proceedings 836 650 Judicial Reviews 263 344 Originating Applications 226 298 Civil Appeals 239 251 Notes for Table 3: • This data counts the average time (days) from filing to disposal for cases disposed of where a substantive hearing was held . • The data for 2022 covers the period from 1 January to 31 May 2022. •...

4. [2022] NZEmpC 130 GF v Comptroller of the New Zealand Customs Service [pdf, 203 KB]

   ...management issues have also been raised by counsel, which I touch on below. [3] The ordinary way for a witness to give evidence in a civil proceeding is orally in a courtroom in the presence of the Judge, the parties and the public.2 As the Court of Appeal has made clear, there is no presumption in favour of giving evidence in the ordinary way.3 [4] The Court may allow the use of AVL in civil proceedings, including for the appearance of a party and witnesses. Before doing so, it...

5. [2023] NZEmpC 104 Chantama v McKerchar Lamb Ltd [pdf, 188 KB]

   ...Almond v Read,4 where it was made clear that the merits are generally not relevant where there has been an insignificant delay as a result of a legal adviser’s error and the proposed respondents have suffered no prejudice, beyond the fact of the appeal itself.5 Accordingly, I do not regard a consideration of the merits as being relevant to this application. Result [13] In the circumstances, leave is granted. Mr Chantama’s claim is to be filed and served within seven days of...

6. OIA-109445.pdf [pdf, 2 MB]

   ...than the total number of people each year. Ethnicity information originate from Police. All of their charges have the same recorded ethnicity information. This data may differ from that provided previously due to case updates for sentence reviews or appeals. The Australian and New Zealand Standard Offence Classification (ANZSOC) is used to categorise offences into 16 divisions, within which subdivisions and groups exist. More information on ANZSOC can be obtained from: abs.gov.au/ausstats...

7. Norman v Pohatu - Muriwhenua Inc. (2023) 267 Taitokerau 33 (267 TTK 33) [pdf, 203 KB]

   ...Mr Norman to pay costs of $11,762.57 to the Muriwhenua Incorporation. I whakapuaki i te 4:00pm i Whangārei, i te 4th o ngā rā o Hakihea i te tau 2023. M P Armstrong JUDGE 2 See Logan v Logan [2022] Maori Appellate Court MB 370 (2022 APPEAL 370).

8. [2024] NZEmpC 78 Manuka Health NZ Ltd v Kalic Stay [pdf, 170 KB]

   ...on any party. Analysis [12] The Court has jurisdiction to grant a stay in circumstances such as those presented here.3 [13] I am satisfied that it is appropriate to grant a stay. The plaintiff was obliged to file a challenge to preserve its appeal rights. However, the need to carry on with the litigation will be obviated if the Authority reopens the investigation. Providing an opportunity to resolve the application before the Authority without the parties being 3 See for e...

9. [2025] NZEmpC 65 Rural Practice Limited and Abdul-Jabbar v A Labour Inspector of the Ministry of Business Innovation and Employment [pdf, 160 KB]

   ...2 But not the Labour Inspector in this case. The scope was agreed [11] As noted, the challenge is non-de novo. The focus of the challenge is on the factual findings and legal reasoning of the Authority; it is in the nature of an appeal. [12] The issue for the Court was determined by the pleadings and agreed by the parties. I see no basis to change that. [13] While it is presently unclear how the alleged apprehension of bias is relevant to that issue, it is a mat...

10. [2025] NZLVT 15 - Taurika Holdings Limited v Tauranga City Council (7 April 2025) [pdf, 202 KB]

    ...onus of proof on the objection lay on Mr Gilbert as the objector. The initial revaluation signed by a registered valuer in the name of the Valuer- General was presumptively correct. Mr Gilbert – both before the Tribunal, and before this Court on appeal – had the affirmative burden. It was not enough for Mr Gilbert – through Mr Robinson – to show that the scales were even at the end of the hearing. He had to show that the Valuer-General was wrong. In this case, the parties ha...