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1. Graeme James Lawrence - Evidence in Chief - Supplementary [pdf, 1.1 MB]

   BEFORE THE ENVIRONMENT COURT Auckland Registry ENV 2015 AKL 0000134 ) IN THE MATTER AND BETWEEN AND of the Resource Management Act 1991 of an appeal under Clause 14 of the First Schedule of the Act TRUSTEES OF MOTITI ROHE MOANA TRUST Appellant BAY OF PLENTY REGIONAL COUNCIL Respondent STATEMENT OF SUPPLEMENTARY EVIDENCE OF GRAEME JAMES LAWRENCE ON BEHALF OF MOTITI ROHE MOANA TRUST 31 1h October 2017 738 739 INTRODUCTION 1. My name is Graeme James Lawre...

2. Proactive release – Sexual Violence Legislation Bill: approval for introduction [pdf, 1 MB]

   ...complainant is required to give even more evidence afterward; and 14.5. judges’ decisions about whether pre-recorded cross-examination is to be used, and whether any further cross-examination may occur after the recording has been made, can be appealed before the trial with the appeal court’s leave. This will help ensure consistency and bolster confidence in the new processes, especially in the early stages of implementation. Requiring evidence to be recorded 15. The Bill requir...

3. Friends of Lake Hayes Society Inc - Lay evidence presented by Richard Bowman and Mike Hanff - 22 February 2022 [pdf, 1.6 MB]

   ...Urban Issues – Sedimentation at the hearing scheduled for 21 March 2022. Dated this 22nd day of February 2022 __________________________ Richard Bowman Secretary Frends of Lake Hayes Society Inc. Otago Region Water Plan Appeals - PC 8 Sedimentation Evidence presented by Friends of Lake Hayes Society Inc. for the Hearing scheduled for 21 March 2022 1. Summary Friends of Lake Hayes Society Inc. wishes to support proposed changes to the Otago Region Water...

4. [2022] NZEmpC 87 H v Employment Relations Authority [pdf, 264 KB]

   ...Act 2000, ss 149(1)–(2). Settlement agreements endorsed by a mediator under s 149 are commonly called records of settlement. 6 Contract and Commercial Law Act 2017, ss 36–42. agreement before the Authority or Court whether by action, appeal, application for review or otherwise.7 [7] A common feature of settlement agreements arising from mediation is the inclusion of what is known as a non-disparagement clause. One was included in the agreement signed by H. It read:...

5. [2021] NZREADT 32 - Tapu ( 22 June 2021) [pdf, 266 KB]

   ...the Act. Discussion Did Ms Tapu breach r 6.4? [44] Licensees are in breach of r 6.4 if they (as relevant to the present case) “withhold information that should … in fairness be provided to a customer or client”. In her judgment on an appeal from a Tribunal decision in Barfoot & Thompson v Real Estate Agents Authority (Complaints Assessment Committee 20007) her Honour Justice Thomas held that:2 … An evaluation of what “should by … fairness” be provided to a cli...

6. Subritzky v McLauglin - Subritzky Whanau Trust [2021] Chief Judges MB 849 (2021 CJ 849) [pdf, 486 KB]

   ...45 applications must be accompanied by proof of the flaw or error identified, either through the production of evidence not available or not known of at the time the order was made or through submissions on the law. [16] Finally, the Court of Appeal has recently confirmed, the power under s 44(1) falls into two parts:14 The first is the evaluative decision as to whether the order made was erroneous in fact and law because of any mistake or omission on the part of the Court or t...

7. [2021] NZIACDT 20 – HT v Shaikh (27 August 2021) [pdf, 235 KB]

   ...(nor is one required). He was advised he was unlawfully in New Zealand and would be liable for deportation if he did not leave. [21] Mr Shaikh advised the complainant of the decision on the same day. He set out two options: 1. File an appeal to the Immigration and Protection Tribunal; or 2. Travel overseas and file a new application. COMPLAINT [22] On 9 November 2020, the complainant made a complaint against Mr Shaikh to the Authority. He alleged negligence and dish...

8. LCRO 145/2021 AZ v BY (28 October 2022) [pdf, 205 KB]

   ...Committee to take no further action on Mr AZ’s complaints should be confirmed. Nature and scope of review [29] The High Court has described a review by this Office in the following way:19 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determination are entitled to a review based on the LCRO’s own opinion rather than on deference to the view of the Committee. A review by the LCRO is informal, inquisitorial and robust. It...

9. [2025] NZREADT 06 - UX v REAA (19 February 2025) [pdf, 292 KB]

   ...finance. The agency did not respond to the request to put in a more considered offer. This was despite the delay in the presentation of the offers to the vendors. Procedure [34] On 18 September 2024, the Tribunal issued Minute 1 directing the appeal be heard on the papers and setting a timetable. [35] In accordance with the timetable, the Registrar filed two bundles of documents, one unredacted and one redacted. Only the redacted bundle was served on the 11 complainan...

10. Hikatangata v Phillips - Succession to Te Rata Phillips [2025] Chief Judge's MB 408 (2025 CJ 408) [pdf, 350 KB]

    ...at [15]. 2025 Chief Judge's MB 422 into account the nature and gravity of the matter at issue.4 This means that the applicant must establish on the balance of probabilities that there was a mistake or omission. [29] The Court of Appeal has confirmed that the power under s 44(1) of the Act falls into two parts:5 The first is an evaluative decision as to whether the order made was “erroneous in fact or in law because of any mistake or omission on the part of the court...