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1. 2015 Ministry of Justice annual report [pdf, 4.2 MB]

   ...average age of active criminal cases in the district courts had reduced by 21% • the average age of active cases in special jurisdictions had reduced by a collective 30% • the average age of High Court civil applications in bankruptcy, civil appeals and company liquidation and probate cases had reduced by 15% • the average age of High Court criminal cases had also reduced. These are the most complex and difficult matters that the High Court deals with. We intend to sustain a...

2. [2021] NZEnvC 175 Shaw v Hamilton City Council [pdf, 2.5 MB]

   ...conditions, was issued on 24 October 2014. Mr Shaw gave evidence at the hearing. The Commissioners did not elect to impose a condition requiring an underpass as requested by the Shaws in their submission.20 The Commissioners’ decision was not appealed by the Shaws. The sole appeal was received from a directly affected landowner on a site-specific severance matter, not in relation to the East-West Minor Arterial alignment that affects the Shaw property. That appeal was resol...

3. LCRO 236/2020 TB - Application for review of a prosecutorial decision (13 December 2021) [pdf, 580 KB]

   ...review [108] The nature and scope of a review was discussed by the High Court in 2012, which said of the process of review under the Act:10 [39] … [T]he 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. [40] The Review Officer has broad powers to conduct his or her own investigations including the power to exercise...

4. [2023] NZEnvC 112 The Owners of Rangatira Blocks 8A17A5 v Taupo District Council [pdf, 4.3 MB]

   ...8A17A5 & 8A17A6 & Rangatira 8A1T2X & 8A1T2Y & PT Rangatira A1T2 v Taupo District Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2023] NZEnvC 112 IN THE MATTER OF an appeal under clause 14 of the First Schedule the Resource Management Act 1991 BETWEEN THE OWNERS OF RANGATIRA BLOCKS 8A17A5 & 8A17A6 & RANGATIRA 8A1T2X & 8A1T2Y AND PT RANGATIRA A1T2 (ENV-2022-AKL-000103) Appellant A...

5. Cole v Realty Insight Limited [2012] NZWHT Auckland 25 [pdf, 259 KB]

   ...satisfactory in all respects to them, and not obtaining a report on a dwelling, they did so in reasonable reliance on the representations of fact made to them by Mr Xiang on 23 August 2006. [54] In AMP Finance NZ Limited v Heaven2 the Court of Appeal held that the question of whether there has been a breach of s 9 should be addressed in three steps:3 a) Ask whether the relevant conduct was capable of being misleading; b) Consider whether the plaintiffs were in fact misle...

6. [2017] NZEmpC 146 Yu v Zespri International Ltd [pdf, 767 KB]

   ...said that for her part, inspection could be an appropriate and pragmatic option. She also pointed out that disclosure in a case such as the present is far from straightforward, given the thousands of documents involved. [31] The Court of Appeal has made it clear that inspection should never occur “as a matter of automatic practice”,2 and that the Court must be in “real doubt” before doing so.3 [32] As I have previously observed, the Court will usually wish to be...

7. [2020] NZEmpC 149 Bay of Plenty District Health Board v CultureSafe NZ Ltd [pdf, 438 KB]

   ...concept. It includes a personal grievance, a dispute and any other problem relating to or arising out of an employment relationship. Such a problem is not confined to disputes between parties to an “employment relationship”. As the Court of Appeal has confirmed, that is because the term has a more expansive application, including “a dispute and any other problem relating to or arising out of an employment relationship”.12 Subsequently, the same court clarified that in orde...

8. [2023] NZEnvC 259 Dromgool v Minister for Land Information [pdf, 493 KB]

   ...to consider the resolution of the easement wording … The Court will then conclude whether it can proceed with the consideration of the final wording of the easement on the papers, or whether a further hearing is required. [6] The Objectors appealed against the Environment Court report. In the High Court the appeal was successful in part and the report of the Environment Court was set aside.2 However, the Court of Appeal reversed the High Court decision and confirmed the report o...

9. Committee on the Elimination of All Forms of Racial Discrimination – decision on NZ Foreshore and Seabed Act 2004 [pdf, 19 KB]

   ...responses to its requests for information related to the legislation, including those submitted on 17 February and 9 March 2005. 3. The Committee remains concerned about the political atmosphere that developed in New Zealand following the Court of Appeal’s decision in the Ngati Apa case, which provided the backdrop to the drafting and enactment of the legislation. Recalling the State party’s obligations under article 2, paragraph 1 (d), and article 4 of the Convention, it hopes...

10. Penalty CAC 20005 v Austin [2014] NZREADT 23 [pdf, 51 KB]

    ...The Whites’ agree to pay advertising fees. [c] Mr Austin will pay up to $11,339.00 towards repairs to the property upon receipt of a builders’ invoice on completion of the work. [9] The Tribunal draw the parties’ attention the right of appeal to the High Court contained in s.116 Real Estate Agents Act. DATED at AUCKLAND this 25th day of March 2014 __________________________ Ms K Davenport QC Chairperson ______________________________ Ms N Dangen Member...