Search Results

1. S v J LCRO 5 / 2008 (13 February 2009) [pdf, 39 KB]

   ...sufficient personal interest in the subject matter of the complaint. [13] Section 138(1)(f) of the Act provides that the Committee may resolve to take no further action where “there is in all the circumstances an adequate remedy or right of appeal … that it would be reasonable for the person aggrieved to exercise”. The Committee in its decision appeared to conclude that because Client S’s son had not elected to maintain his application to vacate his plea (or make a further...

2. [2011] NZEmpC 172 [pdf, 118 KB]

   ...is the determination that the recommendation was not accepted and, therefore, that the Authority should continue to investigate the grievance and issue a determination. [21] Sections 179(5) and 188(4) were the subject of review by the Court of Appeal in Employment Relations Authority v Rawlings. 2 In that case, on appeal from judicial review proceedings in the Employment Court, the Authority had given a written direction that the applicant‟s statement of problem would be treated...

3. Brown v Otago Polytechnic and Progressive Enterprises (Recusal Application) [2014] NZHRRT 5 [pdf, 82 KB]

   ...quite clear. I will not entertain being misled by the Tribunal and Mr Dorking and allow the Tribunal to unethically strike out my legitimate claim against Otago Polytechnic. Either the Chairperson will strike out my claim, in which case I will appeal to the High Court, or the Chairperson will allocate a hearing date for the Tribunal. [9] By memorandum dated 23 October 2013 Mr Dorking for Otago Polytechnic drew attention to the fact that both the Tribunal and Otago Polytechnic had...

4. LCRO 174/2014 VS v DH [pdf, 260 KB]

   ...scope of review [25] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:8 … 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 that...

5. BORA Court Matters Bill [pdf, 194 KB]

   ...AMENDMENTS TO OTHER ACTS Amendments to Bail Act 2000 52. The Bill intends to amend the Bail Act 2000 in a number of ways. It standardises the procedures that apply to variation of bail in different courts, and standardises the procedures for appeals against decisions relating to bail in the District Court, High Court, Court of Appeal and Supreme Court (clauses 86 and 87). In the latter context, in order to achieve standardisation, the Bill provides expressly that Judges of all of th...

6. D-G of Conservation - Murray Brass - EIC - 25 February 2022 [pdf, 234 KB]

   ...off”, “the effects on waterbodies” and “the effects on stormwater flows”. 40. The Waitaki District Plan does not contain specific rules relating to stormwater or earthworks. 41. The Dunedin City District Plan (“Second Generation Plan appeals version”) includes a section ‘8A Earthworks’. This includes detailed provisions on the type, scale and location of earthworks and resulting activity statuses, and applies performance standards including ‘8A.5.7 Sediment con...

7. [2022] NZEnvC 104 Federated Farmers of New Zealand v Northland Regional Council [pdf, 534 KB]

   Livestock Exclusion (Topic 16) IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2022] NZEnvC 104 IN THE MATTER OF the Resource Management Act 1991 AND a matter of appeals under Clause 14 of Schedule 1 to the Act AND in a matter of Stock Exclusion – Topic 16 of the Proposed Northland Regional Council combination land and water plan BETWEEN FEDERATED FARMERS OF NEW ZEALAND (ENV-2019-AKL-114) MINISTER OF CONSERVATION...

8. [2023] NZEnvC 096 AJ & VF Barr Family Trust v Whakatane District Council [pdf, 622 KB]

   AJ & VF Barr Family Trust v Whakatane District Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2023] NZEnvC 096 IN THE MATTER OF an appeal under s 120 of the Resource Management Act 1991 BETWEEN AJ & VF BARR FAMILY TRUST (ENV-2022-AKL-022) Appellant AND WHAKATĀNE DISTRICT COUNCIL Respondent Court: Environment Judge J A Smith Environment Commissioner RM Bartlett Environment Commissioner KA Edmo...

9. Wiri v Tuuta-Rurehe - Lot 62 DP 7991 Ruapani Ki Waikaremoana (2024) 127 Tairawhiti MB 199 (127 TRW 199) [pdf, 282 KB]

   ...was established on 12 March 1996.2 The Trust is a Whenua Tōpu Trust, established under section 216 of Te Ture Whenua Māori Act 1993 (the Act). The trust order 1 In Te Whata v Paku - Akura Lands Trust [2011] Māori Appellate Court MB 55 (2011 APPEAL 55), at [19], the Māori Appellate Court confirmed the principle that no trust should be left without trustees. 2 95 Wairoa MB 8-41 (95 WR 8-41). 127 Tairāwhiti MB 201 of the Trust was most recently varied by the Court on...

10. LCRO 6/2025 EI v NT (30 April 2025) [pdf, 194 KB]

    ...scope of review [40] The nature and scope of a review was discussed by the High Court in 2012, 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 th...