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1. [2018] NZEnvC 134 Director General of Conservation v Invercargill City Council [pdf, 1.3 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2018] NZEnvC 134 of the Resource Management Act 1991 of appeals under clause 14(1) of the First Schedule of the Act in relation to the Proposed Invercargill District Plan DIRECTOR-GENERAL OF CONSERVATION (ENV-20 16-CHC-91 ) POWERNET LIMITED (ENV-2016-CHC-92) ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV-2016-CHC-99) TRANSPOWER...

2. OP v RS LCRO 159/2015 [pdf, 89 KB]

   ...a review have been discussed by the High Court, which said of the process of review under the Lawyers and Conveyancers Act 2006 (the Act):1 [39] … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. [40] The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for...

3. LCRO 123/2013 BD v FG (26 June 2017) [pdf, 129 KB]

   ...scope of review [12] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for tha...

4. Warren v Ropitini - Ouri 1A3 Block (2020) 423 Aotea MB 193 (423 AOT 193) [pdf, 225 KB]

   ...https://www.maorilandcourt.govt.nz/assets/Documents/Decisions/Eriwata-v-Trustees-of-Waitara-SD-s6-and-91-Land-Trust-Waitara-SD-s6-and-91-Land-Trust-2005-15-Aotea-Appellate-MB-192-15-WGAP-192-MAC.pdf 423 Aotea MB 197 by filing proceedings in this Court or in the Māori Appellate Court. That Mrs Warren might still attempt to appeal the outcome out of time is a possibility yet even that approach would be fraught because what it would, in effect, be trying to upend would be the dismissal...

5. Ritete v Easthope - Wakapoungakau 2D2B2B2 (2019) 227 Waiariki MB 64 (227 WAR 64) [pdf, 164 KB]

   ...the duties of a trustee satisfactorily; or (b) because of lack of competence or prolonged absence, the trustee is or will be incapable of carrying out those duties satisfactorily. 227 Waiariki MB 67 [13] In Rameka v Hall, the Court of Appeal identified a two-stage approach for determining whether trustees should be removed under s 240.1 Firstly, have the trustees failed to carry out their duties satisfactorily? Secondly, if so, should the Court exercise its discretion t...

6. [2020] NZEmpC 116 A Labour Inspector of the Ministry of Business, Innovation and Employment v NewZealand Fusion International Ltd [pdf, 190 KB]

   ...would appear to be conclusive, and that there be a real or substantial risk of a miscarriage of justice if the judgment is allowed to stand. [12] Further, the alleged errors identified by the applicants are ones which usually give rise to an appeal, not a rehearing. The sort of difficulties identified in Yong, (T/A Yong and Co Chartered Accountants) v Chin, in seeking to pursue a rehearing when a right of appeal exists, is likely to weigh against the application.5 As Judge Couch...

7. Proactive Release - High Court Amendment Rules 2019 [pdf, 673 KB]

   ...the Senior Courts Act 2016 requires the concurrence of the Chief Justice and two or more members of the Rules Committee (at least one of whom must be a High Court Judge) to rules regulating the practice and procedure of the Supreme Court, the Court of Appeal and the High Court. 10. I confirm that the concurrence requirements have been met. Regulations Review Committee 11. There do not appear to be grounds for the Regulations Review Committee to draw the regulations to the attention of the H...

8. LCRO 236/2017 HC and CI v PR (10 December 2019) [pdf, 100 KB]

   ...scope of review [11] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:2 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for tha...

9. [2021] NZEmpC 232 McDonnell v The Board of Trustees of Te Manawa O Tuhoe Trust [pdf, 183 KB]

   ...2021.6 [12] From the Trust’s perspective what happened after the cessation of negotiations was described by one of its Board members, Janet McLean. When the negotiations ended the Trust instructed its lawyers to file an application for leave to appeal the judgment to the Court of Appeal and for a stay. As at the date of this hearing those applications have not been filed. [13] While Ms McLean did not acknowledge the point directly, she accepted that no action was taken by the...

10. 2021-06-15 OWRUG - MOC - Submissions in response to Amicus Curiae memorandum [pdf, 152 KB]

    ...the function of a Plan regulating the grant of water permits is not just to manage the effects of the take and use of water, but also to regulate access to water as between water users. This is a matter discussed at some length in the Court of Appeal’s decision in Hampton v Canterbury Regional Council [2015] NZCA 509. The Court’s decision in Hampton built upon the non- derogation line of cases (Aoraki Water Trust), and the “first in first served” line of cases (Fleetwing) t...