Search Results

1. Auckland District Law Society v Garnett [2009] NZLCDT 15 [pdf, 78 KB]

   ...two counts of using a document. She was sentenced on 6 April by Her Honour Judge Kiernan to three years’ imprisonment on each of the offences. At the time of the striking off hearing in October 2009 Ms Garnett was still awaiting a Court of Appeal hearing on the issue of sentence, in which she was seeking that her sentence be reduced to one of home detention. [6] The details of the offending which forms the same subject matter as the disciplinary proceedings before us is set ou...

2. [2018] NZEmpC 24 Aslam v Transportation Auckland Corp Ltd [pdf, 190 KB]

   ...[2017] NZEmpC 161. [3] Transportation Auckland now seeks an order as to its costs of $14,228. It says that despite correspondence between the parties, no agreement as to costs has been reached. [4] Mr Aslam has applied for leave to appeal this Court’s substantive judgment. It was apparently on that basis that, despite prompting from the Court Registry, Mr Aslam chose not to file any evidence or make any submissions in relation to costs. However, his application for...

3. BORA Aquaculture Amendment Bill [pdf, 299 KB]

   ...has the right to be consulted. In our view, the chief executive would be required to exercise the discretion in a manner that is consistent with the right to natural justice. This view is supported by new section 26B(5) which enables a person to appeal a decision to the High Court if that person was consulted, ought to have been consulted or has an interest than is greater than members of the general public. Right to Judicial Review Section 27(2) of the Bill of Rights Act affirms th...

4. BORA Border (Customs, Excise, and Tariff) Processing Bill [pdf, 318 KB]

   ...the Bill of Rights Act. Section 22 – Right to be free from arbitrary arrest and detention 12. Section 22 of the Bill of Rights Act provides that "everyone has the right not to be arbitrarily arrested or detained." 13. The Court of Appeal has said that a detention is arbitrary if it is "capricious, unreasoned, without reasonable cause: if it is made without reference to an adequate determining principle or without following proper procedures."[2] Changes to arre...

5. BORA Taxation (Annual Rates, Trans-Tasman Savings Portability, KiwiSaver, and Remedial Matters) Bill [pdf, 293 KB]

   ...freedoms affirmed in the Bill of Rights Act. Jeff Orr Chief Legal Counsel Office of Legal Counsel Footnotes: 1. In applying section 5, we have had regard to the guidelines set out by the Supreme Court in Hansen v R [2007] NZSC 7; the Court of Appeal in Ministry of Transport (MOT) v Noort [1993] 3 NZLR 260, Moonen v Film and Literature Board of Review [2000] 2 NZLR 9 and Moonen v Film and Literature Board of Review [2002] 2 NZLR 754; and the Supreme Court of Canada's decisi...

6. BORA Oaths Modernisation Bill [pdf, 290 KB]

   ...this oath of allegiance impacted on the appellant’s republican beliefs and was contrary to his rights to freedom of expression, freedom of peaceful assembly, freedom of association, and his equality rights. 6. A majority of the Federal Court of Appeal upheld the lower Court’s striking out of the appellant’s claim. In reaching this conclusion, MacGuigan JA said that the appellant’s rights: "...cannot conceivably be limited by the oath of allegiance, since the taking of the oa...

7. John Thom (dated 30 May 2017) [pdf, 161 KB]

   · , BEFORE THE ENVIRONMENT COURT CHRISTCHURCH REGISTRY ENV"2016-CHC-47 IN THE MADER of an appeal under section 120 of the Resource Management Act 1991 BETWEEN .. BLUESKIN ENERGY LIMITED Appellant AND DUNEDIN CITY COUNCIL Respondent BRIEF OF EVIDENCE OF JOHN THOM PERSONAL 1. My name is John Thorn; I live at 58 Reser:voir Road, Warrington. I farm a 90ha sheep and beef unit I came to this area as a young child and have lived on this farm for 2·1 years. 2. My lif...

8. [2018] NZEnvC 185 Kawerau District Council v Aquastar Holdings Limited [pdf, 163 KB]

   ...allowing for moneys received under (2) above, if any, recover the costs and expenses of doing so as a debt due from the respondents. REASONS [1] In the Court's substantive decision in this proceeding,1 Aquastar Holding Limited's (Aquastar) appeal against an abatement notice issued to it by the Council was dismissed and enforcement orders generally as sought by the Council against Aquastar were made as follows: B: The Court makes the following enforcement orders under sec...

9. [2018] NZEnvC 215 35 Limited v Auckland Council [pdf, 172 KB]

   ...appropriate.4 [8] The usual manner in which to make a change to a plan is by way of the process set out in Schedule 1 to the RMA. This process requires public notification, submissions and further submissions, hearing of submissions and rights of appeal. Those matters are not required in the exercise of the power under s 292. The Court will accordingly always be concerned to ensure that the exercise of s 292 is within the limits of correcting mistakes and does not extend into making...

10. Burns v Argon Construction Ltd [pdf, 19 KB]

    IN THE WEATHERTIGHT HOMES TRIBUNAL TRI 2007-101-000012 BETWEEN JOHN WILLIAM BOSWELL BURNS, PETER GEOFFREY STUBBS and WILLIAM GRAHAM GEORGE CAMERON CLEARY as Trustees of the FUTURE HOLDINGS FAMILY TRUST Claimant AND ARGON CONSTRUCTION LIMITED First Respondent AND AUCKLAND CITY COUNCIL Second Respondent AND BERNARD MOHAN Third Respondent AND PAUL BAYER (Removed) Fourth Respondent DECISION ON COSTS Adjudicator: S Pezaro BA