Search Results

1. [2022] NZEnvC 047 Auckland Council v Bank [pdf, 345 KB]

   ...that the Council is simply seeking compliance with the AUP(OP) and the prevention of further adverse effects.13 It is reasonably well settled that an undertaking as to damages may not be necessary in a situation where the applicant is:14 (a) Protecting public, rather than private, interests; (b) A consent authority is performing a regulatory role; or (c) Unquestionably financially capable of meeting any award of damages. I find that all three of the above grounds are applicabl...

2. [2021] NZACC 117 – Bell v ACC (3 August 2021) [pdf, 288 KB]

   ...the evidence that the appellant’s underlying health condition at the time of the treatment affected the outcome in any way. Furthermore, the operation undertaken appears to have been a reasonably common one rather than one that would require careful consideration of s 32(1)(c)(ii), namely the clinical knowledge relating to this particular operation at the time it was performed. ACR 41-20-Bell [63] Therefore, applying the test in Ng’s case, so far as the operating surgeon i...

3. [2021] NZEnvC 092 Kombi Properties Limited v Auckland Council [pdf, 318 KB]

   ...sensitivity effects to arise from odour in respect of potential future activities on neighbouring sites. The court’s findings regarding precedent arose in the context of those conclusions regarding reverse sensitivity; (d) Kombi’s proposal was carefully considered and supported by extensive expert evidence. While the court did not accept Kombi’s evidence on all matters, Kombi’s case did not lack an evidential basis; (e) Kombi did not conduct its case in an unreasonable m...

4. Kupa v Kupa - Lot 10H and 10I Pt Omahu 2C1C (2021) 92 Takitimu MB 247 (92 TKT 247) [pdf, 280 KB]

   ...status produces better prices, while often true, is no reason to change status. That would be the case on every proposal to alienate Māori land. If price were a valid argument, the effect would be to remove the interest of the wider kin group so carefully protected in the Act in the ordinary run of cases. What are the relevant facts? [28] The change of status application is made on the basis that the related partition application is granted. I therefore assess the change of statu...

5. Application-to-provide-legal-aid-ServicesV21.8.pdf [pdf, 2 MB]

   ...for? Criminal Family Legal Advice Service Provider Approval Level(s) (PAL) Mental Health Police Detention Legal Assistance Employment Advocate Duty Lawyer Waitangi Tribunal Parole Māori Land Court & Māori Appellate Court Civil Refugee & Protected Persons Family Court of Appeal & Supreme Court 12 If you’re applying for a Criminal approval, please name the Court cluster Courts and PAL level(s) you will cover within the cluster 13 If you’re applying for Police Detent...

6. Canterbury Westland Standards Committee 2 v Mr U [2024] NZLCDT 10 (9 April 2024) [pdf, 118 KB]

   ...misconduct, Mr U was under considerable stress. His inability to afford counsel meant that he was personally litigating protracted Family Court proceedings. At the same time, we understand he had some part time employment and certainly had the primary care of his two children. These are difficult circumstances for any inexperienced lawyer to cope with, and it is clear from the nature of Mr U’s “venting” that he was not coping. [28] In the circumstances where we have found...

7. Ngāti Moerewa Māori Incorporation v Sanson - Part Maungakawakawa 20 (2024) 274 Taitokerau MB 292 (274 TTK 292) [pdf, 348 KB]

   ...interlocutory applications? [33] Interlocutory applications are not stand-alone proceedings. Interlocutory applications are ancillary to the substantive proceeding. The purpose of an interlocutory 274 Taitokerau MB 300 application is to protect or preserve a party’s position pending the determination of the substantive proceeding, or to assist a party to advance or defend the substantive proceeding. [34] I am going to strike out the substantive proceeding. As such, there i...

8. Singh v New Zealand Law Society [2017] NZLCDT 20 [pdf, 250 KB]

   ...appellant is on the Roll of barristers and solicitors in New Zealand. If he chooses to live in New Zealand, he is entitled to apply for a practising certificate. Whether or not a certificate is granted is another matter. [47] The Tribunal has carefully considered the appellant’s submissions but finds they do not address the pivotal issue of whether or not he is a fit and proper person to hold a practising certificate. [48] The Tribunal concludes that that there is no evidence th...

9. [2018] NZEnvC 102 Albert Road Investments Limited v Auckland Council [pdf, 12 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOn TAIAO 0 AOTEAROA Decision No. [2018] NZEnvC 102 IN THE MATTER of the Resource Management Act 1991 AND of an appeal pursuant to s 120 of the Act BETWEEN ALBERT ROAD INVESTMENTS LIMITED (ENV-2017 -AKL-075) Appellant AND AUCKLAND COUNCIL Respondent Court : Environment Judge J J M Hassan Environment Commissioner ACE Leijnen Environment Commissioner C J Wilkinson . Hearing : at Auckland on 19 February 2018 Appearances: B Carruthe

10. Ministry of Justice annual report 2019-20 [pdf, 9.3 MB]

    ...tribunals and contributed to the legislative and policy changes that were urgently needed. Supporting our people Our focus was on the safety, health and wellbeing of our people. We intensified our cleaning and hygiene regime and dispatched Personal Protective Equipment to all our sites from March 2020. We expanded the Ministry’s network capacity, fast-tracked the delivery of digital devices for flexible work options (including mobile phones, laptops and desktops) and introduced ne...