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1. Geldenhuys v C Yap [2013] NZIACDT 42 (15 July 2013) [pdf, 141 KB]

   ...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...

2. AQ v ZI LCRO 105 / 2010 (11 February 2011) [pdf, 106 KB]

   ...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...

3. Marine and Coastal Area - Provisions for protecting customary interests [pdf, 159 KB]

   ...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...

4. Milner v Milner - Estate of Warihi Te Keu Faenza Milner (2008) 83 Ruatoria MB 108 (83 RUA 108) [pdf, 2.8 MB]

   ...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...

5. Bartlett - Part Lot 1 Deposited Plan 696 (2017) 61 Takitimu MB 34 (61 TKT 34) [pdf, 354 KB]

   ...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...

6. Stephen Chiles (dated 12 May 2017) [pdf, 2.2 MB]

   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 ____________________________________________________________...

7. Amoroa - Omuriwaka Māori Reservation (2017) 163 Waiariki MB 93 (163 WAR 93) [pdf, 242 KB]

   ...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...

8. OL v RY LCRO 261/14 (16 March 2016) [pdf, 185 KB]

   ...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...

9. Tamou v Smith - Sections 57, 58, 70, 72 and 100 of the Ratana Pa (2016) 361 Aotea MB 75 (361 AOT 75) [pdf, 297 KB]

   ...(1996) 11 Taitokerau Appellate MB 143 (11 ACTK 143) 17 (1996) 19 Waikato Maniapoto Appellate MB 40 (19 APWM 40) 18 [2001] 1 NZLR 87 19 (2006) 34 Gisborne Appellate Court MB 168 (34 APGS 168) at 172 361 Aotea MB 84 [38] The Court of Appeal in The Trustees of Pukeroa Oruawhata v Mitchell stressed the importance of strict adherence to s 244 of the Act whenever variations to trust orders are contemplated. 20 A three step process was necessary: first, notice to the benefici...

10. Regulatory Impact Statement: Expungement scheme for historical homosexual convictions [pdf, 101 KB]

    ...charged because of its homosexual context), or whose application is unsuccessful (because the necessary official records cannot be found or the Secretary for Justice is not satisfied no criminal conduct was involved). 25. We considered including an appeal process to mitigate this. However, there is likely to be little benefit in doing so as the parameters of the decision are narrow and the process to be followed is to be prescribed by statute. Applications are more likely to be declin...