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...affirmed in the Bill of Rights Act. Melanie Webb Acting Chief Legal Counsel Office of Legal Counsel 3 See Drew v Attorney-General [2002] 1 NZLR 58, in which the Court of Appeal held that regulations that are inconsistent with the Bill of Rights Act would be ultra vires and invalid unless the empowering statute authorises the making of regulations that are inconsistent with that Act. In addition to the general...
...Health and Safety in Employment Act 1992 as the primary legislation covering electricity and gas safety in places of work, and that responsibility for public and product safety remain with the Energy Sector Acts; • Aligns the disciplinary and appeal provisions in the Electricity Act, the Gas Act and the Plumbers, Gasfitters, and Drainlayers Act to ensure consistency across the sector; • Amends the amount, range and, scope of penalties that may be imposed for disciplinary and other...
...liable if it does not. 18. The section heading at s 143 refers to absolute liability, but because subsection (2) provides what is essentially a defence, we therefore consider this to be a strict liability offence. In doing so, we note the Court of Appeal has confirmed that it is “a universal principle that if a penal provision is reasonably capable of two interpretations, that interpretation which is most favourable to the accused must be adopted”.4 19. Strict liability offences...
...above by Winkelmann J. The offending demonstrates that the Practitioner is unfit to continue practice as a lawyer. [9] The need to maintain the reputation of the profession is also a relevant factor. Sir Thomas Bingham MR for the English Court of Appeal said in Bolton v Law Society in respect of the discipline of solicitors:10 8 Sentencing notes at [39]. 9 Hart v Auckland Standards Committee 1 of the New Zealand Law Soc...
...6 NZEMPU v Carter Holt Harvey, above n 3 at [38]. and inexpensive first instance hearings of disputes and the fact that an order for removal by its very nature deprives the parties of a step in the appeal process. Each case will be decided on its own circumstances. The present case is, however, an instance where an order for removal should be made. The applicant, Ms Sheath, is accordingly granted special leave of the Court for an orde
BI-309448-3-762-V2 BEFORE THE ENVIRONMENT COURT CHRISTCHURCH REGISTRY ENV-2016-CHC-47 IN THE MATTER of an appeal under Section 120 Resource Management Act 1991 BETWEEN BLUESKIN ENERGY LIMITED Appellant AND DUNEDIN CITY COUNCIL Respondent REBUTTAL BRIEF OF EVIDENCE OF JOHN LAURENCE CRAIG ____________________________________________________________ GALLAWAY COOK ALLAN LAWYERS DUNEDIN Solicitor on r...
...indicate, by ticking the boxes, the extent of your experience, both civil and criminal, in the following: Court Civil Criminal Details, including number of appearances Supreme Court ______________________________________ Court of Appeal ______________________________________ Court Civil Criminal Details, including total years’ experience High Court Appellant work ______________________________________ High Court ________...
...situation, the degree of success achieved by the respondent and the time required for effective preparation. 2 Nicholls v Nicholls – Part Papaaroha 6B Block [2011] Māori Appellate Court MB 64 (2011 APPEAL 64). 157 Taitokerau MB 31 Should costs be awarded and, if so, in what amount? [9] The starting point is that costs follow the event and a successful party should be awarded a reasonable contribution to the costs tha...
...nothing in Mr Ambler's submissions, with respect, to persuade me that an alternative approach is justified. The statutory framework provided in the Act ensures that the Court retains an essential supervisory role, as underscored by the Court of Appeal in Proprietors ofMangakino Township v Maori Land Court & Anor (CA65/99, 16 June 1999, Wellington) when Blanchard J at pp9-10 stated that the Court is to have the most extensive supervisory powers. In addition, the Trustee Act...
...Applicant or Ms Pearson - the land would have been transferred to Mr Ward. I therefore amend the proceedings accordingly. Minute Book: 159 AOT 137 [16] I have also considered the authorities cited by Mr Grieve in addition to the Court of Appeal decision Bruce v Edwards [2003] 1 NZLR 515. I have also reviewed the Maori Appellate Court judgments in re: Part Orokawa 3B - Loma Cleave (1995) 4 Taitokerau Appellate MB 95, in re: Maketu 2A2 - White (1999) 1 Waiariki Appellate MB 116,...