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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 BRIEF OF EVIDENCE OF MARK ANDREW McNEILLY _____________________________________________________________ GALLAWAY COOK ALLAN LAWYERS DUNEDIN Solicitor on record: B Irving Solic...
...Matsuoka has set out substantial and arguable grounds for his personal grievance claim. [22] In exercising the discretion, there is also a need to balance the interests of the plaintiff and the defendant in the overall exercise. As the Court of Appeal observed in A S McLachlan v MEL Network Ltd:7 [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...
...factors before making the order.11 18. The prohibition order is therefore available only in limited circumstances and is restricted by tight guidelines. Further, there is provision to apply for a variation or discharge of the order, and a right of appeal to the Human Rights Review Tribunal. 7 Proposed ss 21 and 31. 8 Proposed s 36. 9 Section 6 of the Bill of Rights Act and Drew v Attorney-General [2002] 1NZLR 58 (CA) at [68]. 10...
...seek to re-litigate it. Wintec also submits that even were there duress, having accepted the benefits of the agreement and having taken no timely steps to avoid it, Mr Judge has thereby affirmed it. Wintec relies on the decision of the Court of Appeal in Pharmacy Care Systems Ltd v The Attorney-General (2004) 2 NZCCLR 187 (CA) where the elements of duress were summarised as follows: [98] In summary, the elements of duress in New Zealand law today are these: First, there must be a threa...
...controversy about this. [24] In this case, the real issue is whether, and if so how, the Court might exercise its discretion. This requires an assessment of the respective interests of both parties, which must be balanced as summarised by the Court of Appeal in A S McLachlan Ltd v MEL Network Ltd in this well known dicta:11 [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 contempl...
...(78 AOT 31) 3 87 Aotea MB 58-59 (87 AOT 58-59) http://www.legislation.govt.nz/act/public/1993/0004/latest/link.aspx?id=DLM292141#DLM292141 354 Aotea MB 228 [8] In the Proprietors of Mangakino Township v The Māori Land Court the Court of Appeal discussed in the Court’s extensive powers on a review of a trust: 4 [19] We entirely agree with McGechan J that a review of the trust cannot sensibly be conducted unless the Court pays some regard to its performance — how well...
...1990. Melanie Webb Manager, Ministerial Advice Office of Legal Counsel Stuart Beresford Acting Manager Human Rights/Bill of Rights Team Footnotes 1 In applying section 5, we have had regard to the guidelines set out by the Court of Appeal in Ministry of Transport (MOT) v Noort [1993] 3 NZLR 260; Moonen v Film and Literature Board of Review [2000] 2 NZLR 9; and Moonen v Film and Literature Board of Review [2002] 2 NZLR 754. 2 RJR MacDonald v Attorney-General of Canada (...
...19 December 2012, Mr Dua lodged a section 61 request for a partnership work visa; Immigration New Zealand refused the request on 31 January 2013. The following day, Mr Dua told the complainant because his visa had expired and he had no rights of appeal, he should leave New Zealand. On 11 and 15 February 2013, the complainant paid Mr Dua an additional $750 for a further section 61 request; a written agreement for those services had been sent to the complainant. [8.5] The complainant...
...evidence presented, or in the interpretation of the law, and it is necessary in the interests of justice to 1 [2009] Chief Judge’s MB 209-225 (2009 CJ 209) 2 [2010] Maori Appellate Court MB 167 (2010 APPEAL 167) 2017 Chief Judge’s MB 437 correct its record. For this reason, s 45 applications must be accompanied by proof of the flaw identified, either through the production of evidence not available or not known of at the tim...
...Jeff Orr Chief Legal Counsel Office of Legal Counsel Margaret Dugdale Policy Manager Bill of Rights/Human Rights Team Footnotes 1 In applying section 5, the Ministry of Justice has regard to the guidelines set out by the Court of Appeal in Ministry of Transport (MOT) v Noort [1993] 3 NZLR 260 Moonen v Film and Literature Board of Review [2000] 2 NZLR 9; and Moonen v Film and Literature Board of Review [2002] 2 NZLR 754 and Supreme Court of Canada’s decision in R v Oakes...