Search Results

1. OIA-Use of rough sex defense in court [pdf, 1.2 MB]

   ...incorrect judicial directions about NSW consent laws. In the retrial, the judge acquitted the defendant; the judgment included an observation that the complainant did not verbally protest or ‘take any physical action to move away.’ The prosecutor’s appeal was successful and the acquittal was set aside, but a retrial was not ordered on the basis it would be unfair to try the accused for a third time. • NSW’s laws were last amended in 2007. They currently contain: o a positive...

2. B-Application-for-an-Individual-Licence-form_Updated_PDF_Final.pdf [pdf, 207 KB]

   ...section 65 of the Land Transport Act 1998, or an earlier equivalent provision?  Yes  No Have you ever been ordered by a New Zealand court to be imprisoned following conviction for an offence and that conviction or order has not been quashed on appeal?  Yes  No In the last 7 years, have you ever been convicted by a New Zealand court of an offence under the Private Security Personnel and Private Investigators Act 2010 or Private Investigators and Security Guards Act 1974 for...

3. Pillot - Part Tokaanu B2L(2024) 488 AOT 32 (488 AOT 32) [pdf, 214 KB]

   ...King1: “In Brown v Māori Appellate Court 2, the High Court set out the approach to considering an application for partition. That approach has been adopted by this Court, by the Māori Appellate Court, and was recently endorsed by the Court of Appeal 13. This approach is helpfully summarised in Hammond – Whangawehi 1B3H13: The Court has exclusive jurisdiction to grant partition orders in relation to Māori freehold land in accordance with Part 14 of the Act. That jurisdict...

4. [2025] NZEmpC 172 South Pole IP Holding (NZ) Limited v Hao [pdf, 200 KB]

   ...convenience/interests of justice [26] Turning to consider the balance of convenience, on balance I am not satisfied that South Pole has established a basis for a stay. Mr Hao is entitled to the use of all 11 Although dealing with an application to bring an appeal out of time, the Supreme Court made helpful observations about the necessarily superficial nature of any consideration of the merits of cases at an interlocutory stage in Almond v Read [2017] NZSC 80, [2017] 1 NZLR 801 a...

5. [2025] NZLVT 34 - Ovens v Dunedin City Council (4 August 2025) [pdf, 240 KB]

   ...evidence of expert valuers on matters relating to the valuation of land according to the standards and methodologies which have been developed over time, both in practice and through decisions of the Land Valuation Tribunal and higher Courts on appeal. [34] In this case, we are satisfied that Mr Gibson’s valuation is thorough and 11 satisfactory in its scope and reasoning. [35] We did not receive any comparable expert evidence from Mr Ovens, but we are satisfied that the con...

6. Waitangi Tribunal - He Whiritaunoka (Whanganui) chapter 28 [pdf, 857 KB]

   ...and occurred rarely. The fact that it took the Crown three decades from the time the Native Land Court was established – and the better part of two decades from the time the Native affairs Committee first high­ lighted the anomaly – to enable appeals as of right, was contrary to its duty to actively protect Māori interests. It was also contrary to its obligation (partly stemming from its undertakings in article 3 of the treaty) to enable Māori to seek reasonable redress for grieva...

7. [2022] NZEnvC 163 11 Cheshire Street Body Corporate v Auckland Council [pdf, 1.6 MB]

   ...attached as Appendix B. 2 (2) the appeal is otherwise dismissed. B: Under section 285 of the Resource Management Act 1991, there is no order as to costs. REASONS Introduction [1] On 11 June 2021, 11 Cheshire Street Body Corporate (CSBC) appealed Auckland Council’s decision of 20 May 2021 to grant resource consent to Summerset Villages (Parnell) Limited’s proposal for a retirement village at 23 and 41 Cheshire Street, Parnell. [2] CSBC appealed the Council’s d...

8. [2015] NZEmpC 57 Q v Commissioner of Police [pdf, 719 KB]

   Q v THE COMMISSIONER OF POLICE NZEmpC CHRISTCHURCH [2015] NZEmpC 57 [7 May 2015] IN THE EMPLOYMENT COURT CHRISTCHURCH [2015] NZEmpC 57 CRC 8/13 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN Q Plaintiff AND THE COMMISSIONER OF POLICE Defendant Hearing: (26-30 January, 2-5 and 12-13 February 2015) (heard at Christchurch) Appearances: A Shaw, J Behrnes and M Dutkiewicz, co

9. ENV-2016-AKL-000193 Kiwi Property Group Limited & Others v Auckland Council Consent Order [pdf, 19 MB]

   BEFORE THE ENVIRONMENT COURT IN THE MATTER AND BETWEEN AND of the Resource Management Act 1991 and the Local Government (Auckland Transitional Provisions) Act 2010 of an appeal under section 156(1) of the Local Government (Auckland Transitional Provisions) Act 2010 KIWI PROPERTY GROUP LIMITED, KIWI PROPERTY HOLDINGS LIMITED AND SYLVIA PARK BUSINESS CENTRE LIMITED (ENV-2016-AKL-000193) Appellants AUCKLAND COUNCIL Respondent Principal Environment Judge L J Ne...

10. Adoption Action Inc v Attorney-General [2016] NZHRRT 9 [pdf, 371 KB]

    ...representative capacity for an aggrieved person and that proceedings can be brought by a third party such as Adoption Action. [12] Before the Tribunal the Crown conceded Adoption Action has standing but reserved its position in relation to any potential appeal. [13] Adoption Action is candid that after years of unsuccessfully lobbying various Ministers and government administrations, these proceedings have been brought as a last resort to bring about change to the adoption law of New Z...