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...complained of. [21] In Ashwell – Rawinia or Lavinia Ashwell (nee Russell) I summarised certain principles relating to s 45 applications as follows: 1 [2010] Māori Appellate Court MB 167 (2010 APPEAL 167) 2 [2009] Chief Judge’s MB 209-225 (2009 CJ 209) 2016 Chief Judge’s MB 47 When considering section 45 applications, the Chief Judge needs to review the evidence given at the original hearing and weigh it against...
...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 where she considers appropriate. The statutory power of review is much broader than an appeal, and gives the LCRO discretion 2 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [41]. 7 as to the approach to be taken on any particular review and the extent of the investiga...
...power to regulate its own procedure (section 49(1)). However, for a professional disciplinary body in contemporary New Zealand to operate without its decisions being available to the public would be a truly exceptional situation. [81] The Court of Appeal in R v Liddell [1995] 1 NZLR 538 at 546 per Cooke P said, in relation to the question of name suppression: [T]he starting point must always be the importance in a democracy of freedom of speech, open judicial proceedings, and the right...
...addition, Duncan Webb in his publication entitled “Ethics, Professional Responsibility and the Lawyer” (2nd Edition) at page 388 refers to the decision of Kirk v Vallant Hooker & Partners [2000] 2 NZLR156 and opines:- “While the Court of Appeal in Kirk v Vallant Hooker & Partners was cautious and did not say the departure from an estimate renders the bill of costs unreasonable, it is submitted that this may be the case. An estimate is a representation that costs will be...
...applicant that resource consent has been granted (section 67(3)). If the 40 working day requirement is not met, the CMT group is treated as having given permission for the same term as the resource consent (section 67(4)). There is no right of appeal or objection under ss 357 and 357A of the RMA to a decision to give or decline permission (section 68(2)). Do councils have a role in monitoring and enforcing compliance if CMT permission is granted? As noted, councils will n...
...Biddle OJ' WailllaJlia Holllm (2001) the Maori Appellate Court ruled that the relevant tikanga Maori that should be applied, is that of the iwi associated to the land33 In that case the Court considered the tikanga of Tuhoe to 33 10 Rotollla Appeal Minute Books 43-54 83 Ruatoria MB 118 ascertain whether a person was a whangai. It is this approach that should be applied in this case and the relevant tikanga is that of the hapu of Ngati Porou associated with the land. Discl...
...limiting subsection (2),— (a) a partition of land shall be deemed to be a subdivision of land within the meaning of section 218 of the Resource Management Act 1991; and (b) sections 120 and 121 of the Resource Management Act 1991 (relating to appeals to the Environment Court) shall apply to any decision of a territorial authority in relation to any application for a subdivision consent that is required by this section. [27] In Rolleston – Parish of Te Puna 154D5B2, where the app...
BI-309448-3-733-V1 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 SUPPLEMENTARY BRIEF OF EVIDENCE OF DR STEPHEN GORDON CHILES – BACKGROUND NOISE MONITORING REPORT ____________________________________________________________...
...injunction or otherwise. As well, the Court has the power, at any time, to add, reduce, replace or remove trustees under ss 239 and 240 of the Act. 8 [26] The paramount duty of trustees is to obey their terms of trust. In Rameka v Hall the Court of Appeal set out the general responsibilities of trustees as follows: 9 [28] The general responsibilities of responsible trustees are set out in s 223 of the Act. That section refers to the following: (a) Carrying out the terms of...
...this manner. 16 Workington v Sheffield LCRO 55/2009 at [65]. 10 [48] It must not be overlooked that the Committee has censured Mr OL. The nature of a censure was discussed by the Court of Appeal in New Zealand Law Society v B. In discussing the terminology used in the Act (censure and reprimand) the Court said:17 Both words envisage a disciplinary tribunal, here a Standards Committee, making a formal or official statement reb...