Search Results

1. Ngati Paoa iwi Trust [pdf, 162 KB]

   ...Environment Court AUCKLAND 1. NGĀTI PAOA IWI TRUST (NGĀTI PAOA) gives notice under section 274 of the RMA that it wishes to be a party to these proceedings: • Panuku Development Ltd v Auckland Council (ENV-2018-AKL-000078) (the Appeal). 2. The proceedings are for direct referral to the Environment Court of an application under s87G RMA for resource consents for construction, occupation, use and maintenance of permanent and temporary infrastructure and undertaking o...

2. G v EQC [2020] CEIT-2020-0010 [pdf, 226 KB]

   ...upon which it has relied. THE LAW [4] The recall of a decision is a serious step and is not appropriate where a party disagrees with a decision or considers that the decision-maker has drawn the wrong conclusions from the evidence. Subject to appeal, it is important that decisions provide finality, otherwise disputes could never be concluded. [5] Section 47(2) of the Canterbury Earthquakes Insurance Tribunal Act 2019 (the Act) states: After a copy of a decision is given to the p...

3. Director-General of Conservation 100 [pdf, 155 KB]

   BEFORE THE ENVIRONMENT COURT ENV-2020-AKL-000100 AT AUCKLAND I MUA I TE KOOTI TAIAO I TAMAKI MAKAURAU ROHE IN THE MATTER of an appeal under clause 14 of Schedule 1 of the Resource Management Act 1991 BETWEEN WAIKATO RAUPATU RIVER TRUST, RAUKAWA CHARITABLE TRUST, TE ARAWA RIVER IWI TRUST, TŪWHARETOA MĀORI TRUST BOARD AND MANIAPOTO MĀORI TRUST BOARD (“WAIKATO AND WAIPĀ RIVER IWI”) Appellant AND WAIKATO REGIONAL COUNCIL Respondent...

4. Director-General of Conservation 84 [pdf, 129 KB]

   ...Director- General is supportive of the need to ensure that a stocking rate is appropriate including potentially ensuring there is no intensification of stock numbers outside of the winter period. 7.4. Rule 3.11.4.4 – The Director-General appealed this provision also sharing concerns with the lack of an upper limit for the stocking rate threshold, as well as non-compliance with Schedule C not being appropriate for a controlled activity. The Director-General considers that a r...

5. Criminal Cases Review Commission: Appointments media release [pdf, 112 KB]

   ...experience working in the community including having been a member of the Cook Islands Society, Secretary and Treasurer of the Pacific Leaders Council and a member of the Minister of Pacific Island Affairs’ Advisory Council. He is also a Panellist and Appeals Tribunal Member for the Judicial Control Authority for Racing, Commissioner for Resource Management Act Hearings and a member of the New Zealand Teachers Disciplinary Tribunal. Nigel Hampton CNZM OBE QC is a lawyer who has worke...

6. Bay of Plenty Regional Council (Maori Constituency Empowering) Bill [pdf, 149 KB]

   ...Ministry of Justice considers that the limitation on the right to be free from discrimination may be considered a justifiable limitation in accordance with section 5 of the Bill of Rights Act. SECTION 5 OF THE BILL OF RIGHTS ACT 10. In the Court of Appeal’s recent decision, Moonen v Film & Literature Review Board [2000] 2 NZLR 9, the Court considered the process for determining whether a limit imposed on a right or freedom affirmed by the BORA is justified in terms of section...

7. [2023] NZEnvC 008 Oceans Resort Body Corporate 349622 v Northland Regional Council [pdf, 156 KB]

   ...The council issued an Abatement notice asserting a breach of the Act. Curiously condition 9 of the consent gives the council the discretion to require cessation of the take where chloride exceeds the 250 grams per m3. The abatement notice is appealed largely upon the basis that the Body Corporate is taking steps to remedy the situation and requires time to do so. Nevertheless, there are ancillary issues around how the limit was chosen and whether it is appropriate. The Court also...

8. Letter-to-the-profession-Legal-Aid-outcomes-of-Budget-2022.pdf [pdf, 144 KB]

   ...criminal legal aid from 1 July 2022 Criminal Provider Approval Level (PAL) Other ($/hour) Level of experience ($/hour) Level 1 Level 2 Level 3 PAL 1 - 103 108 119 PAL 2 - 108 134 139 PAL 3 - 130 139 150 PAL 4 - 146 161 178 Court of Appeal/Supreme Court - 146 161 178 Supervised Providers 103 - - - Table 2: hourly rates for civil and family legal aid from 1 July 2022 Proceedings category Other ($/hour) Level of experience ($/hour) Level 1 Level 2 Level 3 FC1 (Ot...

9. Phares -Tiopira Popata Whanau Trust (2021) 224 Waikato Maniapoto MB 252 (224 WMN 252) [pdf, 200 KB]

   ...replace Joe Phares who is deceased and Erueti Koopu who has resigned. I whakapuaki i te 3:30pm i Te Taitokerau, te 7 o ngā rā o Hōngongoi i te tau 2021. T M Wara JUDGE 1 Moke v The Trustees of Ngāti Tarāwhai Iwi [2019] Māori Appeallate Court MB 265 (2019 APPEAL 265).

10. [2023] NZEmpC 21 Pilgrim v The Attorney-General [pdf, 200 KB]

    ...be recalled. [3] Rule 11.9 of the High Court Rules 2016 allows for High Court judgments to be recalled at any time before they are sealed. The Employment Court too can recall its judgments.2 [4] Generally speaking, and subject to rights of appeal, a judgment once delivered must stand for better or worse. A decision to recall will only be made in exceptional circumstances.3 This reflects the importance of finality in litigation to the administration of justice.4 There are th...