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1. Attorney General - Marlborough Sounds (1998) 5 Te Waipounamu Appellate MB 3 (5 APTW 3) [pdf, 265 KB]

   ...exception all stated in their grounds for appeal, inter alia, that the lower Court erred in its interpretation of the Ninetv I\,{i!" Rp~ch case decision and its application to the matter andl or in failing to state -- a case to the High Court requesting clarification of the correctness or otherwise of the principles expounded in that case. Most also disputed the interpretation placed on section 7 referred to above. The Appellate Court gave notice first that it would hear as...

2. Tangiora - Poukawa 13B (2002) 168 Napier MB 119 168 NA 119) [pdf, 339 KB]

   ...costs to compensate the beneficial owners for the expense incurred in answering the allegations made by the applicant and also because of the delay caused by this litigation in formalising the lease of this block. 34. The applicant opposed the request for costs and stated that if the trustees had carried out their duties correctly then he would not have made the application. 35. The general rule is that the costs follow the event unless exceptional circumstances exist to depart...

3. [2019] NZEnvC 051 Ngati Whatua Orakei Whaia Maia Limited v Auckland Council [pdf, 3.7 MB]

   ...Kaitiaki Engagement Plan that could be held over until the Court determines whether or not they should apply. [9] The Applicants advise that the Advice Note proposed ahead of Conditions 10- 16 in Appendix A to the application was inserted at the request of Ngati Whatua Orakei Whaia to provide greater clarity that conditions 10 - 16 are to operate on an interim basis, pending resolution to the appeal. All s274 parties, save Ngati Te Ata, oppose the inclusion of the Advice Note. Panuk...

4. Family Court Rewrite Submission - Isabel Aldiss [pdf, 149 KB]

   Strengthening family justice Reforms – submission from Isabel Aldiss. 1. Focus on children I support the panel’s recommendation for further research to be undertaken, starting with a comprehensive literature review of CIP. We need a culturally responsive process if children are to be included in mediation. Caution is needed when involving children in the FDR process because of their vulnerability. FairWay has implemented child protection policies for all its staff and contractor

5. Family Court Rewrite Submission - Warwick Marshall [pdf, 264 KB]

   ...concerns or disagreements regarding the rules and conditions. 41. The family court coordinator must receive the assessment report before approving the supervisor to begin. 42. Other courts will send the approval to start contacts along with the request to first assess the family. This saves time so the supervised contacts can start asap. 43. This seems to devalue the assessment process. 44. Some lawyers for children have said they see the assessment process as a formalit...

6. [2019] NZEnvC 091 Jacks Point Residential No. 2 Limited v Queenstown Lakes District Council [pdf, 135 KB]

   ...Council W013/99 he submits that where jurisdictional boundaries are exceeded, enabling those proceedings to go further through the appeal process would be an abuse of process. In Mr Brabant's submission, that the court found that some of the requested relief was within scope does not diminish the merits of an award of costs to a successful party. 8 9 10 Legal submissions in response to costs memorandum for JPG dated 1 April 2019 at [20] and [21]. Submissions of counsel fo...

7. 2021-04-07 Minute - PC7 - Deemed Permits [pdf, 199 KB]

   ...https://www.westlaw.co.nz/maf/wlnz/app/document?docguid=I664db0bae14711e08eefa443f89988a0&&src=rl&hitguid=I44fc45dee01a11e08eefa443f89988a0&snippets=true&startChunk=1&endChunk=1&isTocNav=true&tocDs=AUNZ_NZ_LEGCOMM_TOC#anchor_I44fc45dee01a11e08eefa443f89988a0 3 priority that formerly attached to the mining privilege.6 [8] This right of priority allows the holder of a superior mining privilege to give notice to another permit holder to cease or reduce abs...

8. [2020] NZEmpC 85 Labour Inspector v Cypress Villas Ltd [pdf, 184 KB]

   ...offer as containing a monetary offer as well. I do make the comment, however, that the reference to the offer at mediation in paragraph [1] of the letter containing the Calderbank offer breaches s 148 of the Act, as it reveals confidential information from the mediation. In the circumstances, however, I consider that was nothing more than an inadvertent breach. So far as the sworn affidavit was concerned, the letter containing the Calderbank offer also annexed a draft form of t...

9. MOJ Proactive release Regina v Tarrant Costs 23 February 2021 [pdf, 208 KB]

   ...June 2020 • The Ministry worked with the Court and other agencies to provide ways for victims and support people to either attend or watch the sentencing hearing under COVID-19 border restrictions. This was completed at the presiding judge’s request before setting a hearing date for sentencing. This was to ensure that those victims and support people who wanted to attend or watch the sentencing hearing could do so. July 2020 • 2 July: Date set for sentencing hearing...

10. BORA Hurunui/Kaikōura Earthquakes Recovery Bill [pdf, 197 KB]

    ...courts’ power to review. 7 We consider cl 8(3) to be more appropriately characterised as a complete ouster of judicial review. 28. Procedural restrictions are considered more acceptable than a complete ouster. Time limits are the most common form of procedural limitation on judicial review. 29. Time limits provide certainty to persons affected by an administrative decision and speed up the process without denying review of unlawful action.8 Including a period where review of a de...