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1. GN v TS LCRO 71 / 2011 (24 November 2011) [pdf, 96 KB]

   ...to re-litigate aspects of the first proceeding that [the Applicant] felt should have been dealt with then.” He noted that the District Court proceeding (involving M) found in his client‟s favour on all grounds, and that the Applicant had not appealed that decision. [12] The Practitioner also noted that the Applicant had the opportunity to make her own submissions to the Court in relation to his submissions and had taken that opportunity. He referred to the Judge‟s decision...

2. BORA Prisoners' and Victims' Claims Bill [pdf, 194 KB]

   ...Bill provides the following: 15.1 Claims are to be determined on the papers (cl. 32), with oral submissions only in exceptional cases (cl. 35); 15.2 Findings from criminal trials are to be received as conclusive evidence (cl. 34); 15.3 A right of appeal to the High Court, but only on a question of law (cl. 47(1)); and 15.4 The Tribunal is accorded broad discretion to admit other evidence, whether or not admissible in a court (cl. 55). 16. Of these, the first and fourth of these prov...

3. [2016] NZSSAA 035 (16 May 2016) [pdf, 45 KB]

   [2016] NZSSAA 035 Reference No. SSA 004/15 IN THE MATTER of the Social Security Act 1964 AND IN THE MATTER of an appeal by XXXX of Featherston against a decision of a Benefits Review Committee BEFORE THE SOCIAL SECURITY APPEAL AUTHORITY Ms M Wallace - Chairperson Mr K Williams - Member HEARING at WELLINGTON on 13 April 2016 APPEARANCES The appellant in person Mr R Signal for the Chief Executive of the Ministry of Social Development DE...

4. [2021] NZEnvC 013 East Harbour Environmental Association Incorporated v Hutt City Council [pdf, 1.7 MB]

   BEFORE THE ENVIRONMENT COURT AT WELLINGTON I MUA I TE KOTI TAIAO O AOTEAROA KI TE WHANGANUI-A-TARA Court: Decision No. [2021] NZEnvC 13 IN THE MA TIER of an appeal under Clause 14 of the First Schedule to the Resource Management Act 1991 BETWEEN EAST HARBOUR ENVIRONMENTAL ASSOCIATION INCORPORATED (ENV-2016-WLG-000030) Appellant AND HUTT CITY COUNCIL Respondent Environment Judge B P Dwyer Environment Commissioner KA Edmonds Environment Commissioner DJ Bunting Date o...

5. [2019] NZEnvC 140 The Friends of Sherwood Trust v Auckland Council [pdf, 399 KB]

   ...enforcement orders on 5 September 2018 seeking to prevent the planned drop. [4] On 21 September 2018 this Court issued a decision that refused the applicants' application for interim enforcement orders (First Decision). 1 The decision was not appealed. The aerial drop was completed on 28 September Friday 2018. [5] On 24 December 2018, the applicants advised by memorandum that they sought to continue with their application for full enforcement orders. [6] The Court then direct...

6. Carrus Corporation Limited & Others Submissions - 6 December 2017 [pdf, 244 KB]

   BEFORE THE ENVIRONMENT COURT AUCKLAND REGISTRY UNDER the Resource Management Act 1991 (the Act) IN THE MATTER of appeals pursuant to clause 14 of the First Schedule to the Act BETWEEN AND AND NGATI MAKINO HERITAGE TRUST (ENV-2015-AKL-000140) NGATI RANGINUI IWI INCORPORATED SOCIETY (ENV-2015- AKL-000141) ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND ( ENV-2015-AKL-000129) Appellants BAY OF PLENTY REGIONAL COUNCIL Respondent VARIOUS Section 274 Parties LEG...

7. HB Ltd v NH & KX [2017] NZDT 1452 (11 April 2017) [pdf, 194 KB]

   ...within 28 days of the decision having been made. If you are outside of time, you must also fill out an Application for Rehearing Out of Time. PLEASE NOTE: A rehearing will not be granted just because you disagree with the decision. Ground for Appeal There is only one ground for appealing a decision of the Tribunal. This is that the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceed...

8. Broderick v Accident Compensation Corporation (Employment) [2022] NZACC 159 [pdf, 248 KB]

   ACR 276/21 IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2022] NZACC 159 ACR 276/21 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN LISA BRODERICK Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 27 July 2022 Heard at: Auckland/Tāmaki Makaurau Appearances: Appellant in person via AVL Mr I Hunt for the responden...

9. [2022] NZEnvC 241 Vortac New Zealand Limited v Western Bay of Plenty District Council [pdf, 306 KB]

   ...enforcement order requires the removal of the retaining wall and all associated structure and materials on the site. The enforcement order was made as part of the sentence under s 339(5) of the RMA. Both the conviction and the sentence were appealed by Vortac. In its decision dated 19 May 2021, the Court of Appeal dismissed the appeal.2 In the current proceeding I have made two previous decisions. On 8 March 2022 I made a decision on two preliminary questions as follows:3...

10. CJ v HQ Ltd [2020] NZDT 1367 (16 June 2020) [pdf, 108 KB]

    ...within 28 days of the decision having been made. If you are outside of time, you must also fill out an Application for Rehearing Out of Time. PLEASE NOTE: A rehearing will not be granted just because you disagree with the decision. Ground for Appeal There is only one ground for appealing a decision of the Tribunal. This is that the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceed...