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1. Firmin v The Committee of Management of Atihau Whanganui Incorporation - Atihau Whanganui Incorporation (2016) 352 Aotea MB 233 (352 AOT 233) [pdf, 329 KB]

   ...jurisdiction of the Court and s 19 prescribes its jurisdiction in relation to injunctions. Both sections require to be read in the context of the objectives of the Act in s 2(2) and also s 17. The effect of s 17 on s 18 was considered by the Court of Appeal in Attorney- General v Maori Land Court [1999] 1 NZLR 689 at 698 as follows: [Section 17(1)] states the primary objective of the Court and reinforces the Preamble - to promote and assist in the retention of Maori land and Genera...

2. BORA New Zealand Intelligence and Security Bill [pdf, 292 KB]

   ...must notify the person whose travel documents have been cancelled of the recommendation of the Commissioner of Intelligence Warrants, the reasons for it, and the outcome of the Minister’s reconsideration. The decision of the Minister is subject to appeal and judicial review. The objective of restricting movement of FTFs is proportional to the protection of national security, public order and the rights and freedoms of others. The UNHRC also notes that restrictions on liberty of movement...

3. [2019] NZEmpC 67 Hokotehi Maori Trust v Prater [pdf, 379 KB]

   ...other situations where an employee had mistakenly relied on an agent to ensure that a grievance was notified in time were readily treated as establishing “exceptional circumstances”. [56] Referring to the earlier judgment of the Court of Appeal in Wilkins & Field Ltd v Fortune in which the phrase appeared in materially the same form, the Supreme Court in Creedy noted: In Wilkins & Field, the Court of Appeal treated “exceptional circumstances” as those which are...

4. LCRO 144/2016 QT v UF (24 August 2018) [pdf, 245 KB]

   ...scope of review [37] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:5 … 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...

5. Options for resolving remaining Canterbury earthquakes insurance disputes [pdf, 371 KB]

   ...acknowledge the strengths and weaknesses of their cases earlier. Approximately 93% of cases settle before trial. The List also prioritises cases that have precedent value: clarifying these legal issues enables a raft of other cases to settle. Earthquake appeals are generally expedited. 5 21. Some insurers offer access to independent private mediation. Complaints about EQC can be made to the Parliamentary Ombudsman. Remedies are also available through financial service provid...

6. Rata - Succession to Paretuaoroa Paretekorae and Haki Rata [2021] Chief Judge's MB 106 (2021 CJ 106) [pdf, 424 KB]

   ...& Glenavy - Waihao 903 Section IX Block.7 I do not propose to repeat those principles again in this judgment. [21] However, it is important to stress how the Chief Judge’s jurisdiction is to be exercised. This was described by the Court of Appeal in Inia v Julian (2020) as follows:8 … the powers vested in the Chief Judge under s 44(1) of the Act fall in two parts. The first is an evaluative decision as to whether the order made was “erroneous in fact or in law because of...

7. CD and Anor v GH LCRO 98/2013 (3 August 2016) [pdf, 102 KB]

   ...of Review 5 [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: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 t...

8. Options for resolving remaining Canterbury Earthquakes Insurance disputes [pdf, 384 KB]

   ...acknowledge the strengths and weaknesses of their cases earlier. Approximately 93% of cases settle before trial. The List also prioritises cases that have precedent value: clarifying these legal issues enables a raft of other cases to settle. Earthquake appeals are generally expedited. 5 21. Some insurers offer access to independent private mediation. Complaints about EQC can be made to the Parliamentary Ombudsman. Remedies are also available through financial service provid...

9. LCRO 173/2021 KC v TG (6 May 2022) [pdf, 237 KB]

   ...scope of review [36] 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:10 … 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...

10. [2022] NZEnvC 019 Minister of Conservation v Wellington Regional Council [pdf, 2.4 MB]

    IN THE ENVIRONMENT COURT AT WELLINGTON I TE KOTI TAIAO O AOTEAROA KI TE WHANGANUI-A-TARA Decision No. [2022] NZEnvC 19 IN THE MATTER of appeals under cl 14 of Schedule 1 to the Resource Management Act 1991 BETWEEN MINISTER OF CONSERVATION (ENV-2019-WLG-000106) MASTERTON DISTRICT COUNCIL (ENV-2019-WLG-000110) CARTERTON DISTRICT COUNCIL (ENV-2019-WLG-000112) PORIRUA CITY COUNCIL (ENV-2019-WLG-000116) WELLINGTON WATER LTD (ENV-2019-WLG-000123) RANGITANE TU NIAI RA T...