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1. [2024] NZEnvC 145 Braeburn Property Limited v Christchurch City Council [pdf, 189 KB]

   ...is that the property owners surrounding the Site should be served. Service Requirements [7] Section 312 RMA states: 312 Notification of application (1) The applicant for a declaration shall serve notice of the application in the prescribed form on every person directly affected by the application. (2) Every notice required to be served under this section shall be served within 5 working days after the application is made to the court. 4 [8] The Resource Management Act 1991 (...

2. Van Wey Lovatt v Accident Compensation Corporation (Leave to appeal to the High Court) [2024] NZACC 150 (24 September 2024) [pdf, 165 KB]

   ...vindication, the obligation of the courts may be to provide a direct remedy in public law, as Baigent recognised. Although in that case monetary remedy was considered to be the only practicable response, in other cases the direct remedy may take another form, such as a declaration. Outcome [93] Whatever the difficulties with cases at the margin, I consider that Mr Chapman’s claim is within the scope of the direct public law liability of the State for breach of rights. [14] Dr v...

3. Te Whiu v Taituha - Te Tii A Māori Reservation (2024) 278 Taitokerau MB 82 (278 TTK 82) [pdf, 216 KB]

   ...advising that she was going to instruct counsel. She sought an extension to file her submissions through counsel. Mr Taituha opposed the extension. [5] Unfortunately, the staff member responsible for managing this application left her role and the request for an extension was not referred to me. A new case manager was not 1 Ms Te Whiu’s application was filed per ss 19 and 240 of the Act. However, the substance of the application is clear that she is seeking a removal order no...

4. Glossary-of-firearm-terms-for-the-Arms-Act-public-consultation.pdf [pdf, 333 KB]

   ...millimetres into a firearm that may be fired from the shoulder. It also includes a frame or kit that is capable of being used as an air pistol carbine conversion kit. Pistol club/pistol shooting club Pistol clubs are a type of shooting club formed for the purpose of participating in shooting activities specifically using pistols. Pistol clubs are the only legal venue where pistol can be used by New Zealand firearms licence holders who have a pistol endorsement. Receiver See f...

5. Walters v Accident Compensation Corporation (Late Filing of an Appeal to the District Court) [2024] NZACC 168 (22 October 2024) [pdf, 207 KB]

   ...time now, as he was left with a brain injury from an accident in 2021 which impacts on his mental health and memory. (b) She became unwell and needed urgent cardiac surgery then recovery time which meant that she was unable to put the review request in within the normal time frame. (c) Given her inability to assist him, Mr Walters attempted to contact some lawyers but was told that they were unable to assist him as they had too many cases already. (d) The above was coupled wit...

6. [2024] NZREADT 39 – Chen v REAA (22 October 2024) [pdf, 183 KB]

   ...the Registrar. (5) If the Tribunal reverses or modifies a determination of the Registrar, it may exercise any of the powers that the Registrar could have exercised. [24] Such an application must be conducted on the papers, unless the applicant requests otherwise.3 [25] The Tribunal’s powers on review are no wider than those given to the Registrar. If one of the circumstances listed in s 54 is found to exist and the Registrar has followed the correct procedure, the Tribunal can...

7. Te Muunu v Rakete - Punakitere 4J2B3A (2024) 283 Taitokerau MB 1 (283 TTK 1) [pdf, 217 KB]

   ...to cancel the occupation order. Jimmy attended the hearing before Judge Spencer on 11 June 2003. The minutes record as follows:6 An occupation order was granted to the both of us in Auckland at reference 25 AT 130-131 on 25 May 1998. We now request that this order be cancelled as we no longer wish to occupy the site and funding is not available at this stage. We ask that this cancellation order take effect immediately. [10] Judge Spencer then cancelled the occupation order. It i...

8. Smith v Accident Compensation Corporation (Late filing to the District Court) [2025] NZACC 1 (6 January 2025) [pdf, 148 KB]

   ...Court – s 151, Accident Compensation Act 2001] Introduction [1] The appeal in the above matter was lodged by Mr Smith on 6 November 2024. The appeal is from the decision of a Reviewer dated 2 October 2024. The Reviewer granted Mr Smith’s request to withdraw his review applications, and deciding that it was for the Corporation to award costs. [2] On 7 November 2024, Judge Henare issued an Initial Minute which directed that Mr Smith formally apply, by 21 November 2024, for...

9. Evidence - statements of fact made to the court

   ...are not allowed to offer opinions about what decision should be made. The parties must make their closing submissions based on the evidence presented. Affidavits – written statements of fact used as evidence Affidavits are documents that contain information said to be true by the person who swears or affirms the affidavit. Affidavits are used to present evidence in written form. An affidavit may be sworn (by taking an oath on a religious book) or affirmed (by making a statement that the conte...

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10. FAQs

    On this page you'll find answers to some commonly asked questions. More information can be found within the website and in the Homeowners' Guide to the Tribunal. Who can apply to the Tribunal? Why won’t the Tribunal look at Kaikōura claims? Does the Tribunal consider claims involving on-sold properties? Does the Tribunal consider claims involving builders or other parties? What about claims that are with the courts? Where is the Tribunal located? When can claims be filed

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