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...Court ENV-2017-AKL-000155 Auckland Registry Under the Local Government (Auckland Transitional Provisions) Act 2010 (the Act) and the Resource Management Act 1991 (the RMA) And in the matter of an application under Section 274 of the RMA and an appeal under section 156(3) of the Act Between The National Trading Company Limited Appellant and Auckland Council Respondent and Auckland Transport Section 274 party Notice of Auckland Transport’s wish to be p...
...becomes apparent that the grounds for cancellation of a travel document on the grounds of national security cannot be established. 18. Under clause 27, the travel document holder (including holders of refugee travel documents) will retain a right of appeal to the High Court against cancellations (ss 28 and 29 of the Act). Notification of the cancellation will be sent to the travel document-holder promptly after it is cancelled, and emergency travel documents may still be issued to peopl...
...new section impairs the rights no more than reasonably necessary as Recovery Managers may only require information ‘reasonably necessary’ for the purpose of the section. The section is additionally subject to provisions in the Act providing an appeals process, exempting personal medical or legally privileged information from mandatory disclose or seizure, and limiting the use of disclosed information to the purposes of the Act; [4] and • the limits are in proportion to the importan...
...Court may order the giving of security for costs if it considers that such an order is just in all the circumstances.9 [16] Overall, the Court needs to balance the interests of the plaintiff and the defendant in the exercise. As the Court of Appeal observed in McLachlan v MEL Network Ltd:10 [15] The rule itself contemplates an order for security where the plaintiff will be unable to meet an adverse award of costs. That must be taken as contemplating also that an order for su...
...is frivolous or vexatious or is not made in good faith: (d) whether the person alleged to be aggrieved does not want any action taken or, as the case may be, continued: (e) whether there is in all the circumstances an adequate remedy or right of appeal, other than the right to petition the House of Representatives or to make a complaint to an Ombudsman, that it would be reasonable for the person alleged to be aggrieved to exercise. (3) Subsection (2) does not detract from the generali...
...imposes obligation on an applicant to file their application promptly. This is intended to ensure that the statutory objective of having complaints dealt with expeditiously is achieved. 4 Customs Appeal Authority No 29/208 (1999) 1 NZCC 51, 128 (CAA). 5 KX v WA LCRO 84/2012. 6 [33] The provisions of s 198 of the Act are stated in mandatory terms and there is no statutory discretion to ameliorate their harshness. I accept thi...
...has broad powers to conduct her own investigations, including the power to exercise for that purpose all the powers of a Standards Committee or an investigator, and seek and receive evidence. The statutory power of review is much broader than an appeal, and gives the LCRO discretion as to the approach to be taken on any particular review and the extent of the investigations necessary to conduct that review. 1 Standards Committee De...
...by the Registrar is that the adviser breached clause 2.2 of the Code. That provision prescribes a mechanism for licensed immigration advisers to deal with clients seeking to lodge unfounded applications. It provides: “If a proposed application, appeal, request or claim is vexatious or grossly unfounded (for example, it has no hope of success) a licensed immigration adviser must: a) encourage the client not to lodge it; and b) advise the client in writing that, in the adviser’s opi...
...to assume” that the Commissioner of Inland Revenue was conducting a search, for the purposes of s 21, when requesting information from the New Zealand Stock Exchange under statutory authority. In R v Javid [2007] NZCA 232 at [45(a)], the Court of Appeal accepted that the obtaining of confidential information from a telecommunications company (text messages) by the police was properly seen as a search and seizure. 4 Section 6 of the Bill of Rights Act; Drew v Attorney-General [2002]...
...contentious; (e) It will be more efficient in terms of cost and time for all parties and interested persons to have the application referred directly to the Environment Court, as the matter may come before the Environment Court in any event through an appeal of any decisions made by the Council; and (f) Upon the further grounds contained in the affidavit of Matthew William Twose dated 25 June 2018. [3] We have considered earlier decisions of the Environment Court about applicati...