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1. [2017] NZEnvC 202 MacKenzie District Council [pdf, 2.1 MB]

   ...NZEnvC202 of the Resource Management Act 1991 of an application for a declaration pursuant to s 310(h) and an application for an order pursuant to s 860 of the Act MACKENZIE DISTRICT COUNCIL (ENV-2017 -CHC-92) Applicant Court: Environment Judge J R Jackson Hearing: In Chambers at Christchurch (sitting alone under section 279 of the Act) Date of Decision: 15 December 2017 Date of Issue: 15 December 2017 DECISION A: Under sections 310(h) and 313 of the Resource Managemen...

2. BORA Parliamentary Privilege Bill [pdf, 315 KB]

   ...jurisdiction is necessary to the discharge by the House of its responsibilities [24]; and 18.2 In any case, and in contrast to authority that, in proceedings for contempt in the face of the court [25], the issue should be transferred to another judge or court, the principle of comity precludes such recourse here. As with the discussions in Prebble, above, and A, above, the comity principle must take precedence and cannot be accommodated by any other means. 19 .It follows that these...

3. [2017] NZEnvC 198 Lau v Auckland Council [pdf, 292 KB]

   ...AND IN THE MATTER BETWEEN AND Decision No. [2017] NZEnvC I q 8 of the Resource Management Act 1991 of an application under s316 of the Act AUGUSTINE LAU (ENV-2017 -AKL-000123) Applicant AUCKLAND COUNCIL . Respondent Environment Judge DA Kirkpatrick sitting alone under s279(1)(a) of the Act Applicant in person D Collins for Auckland Council on the papers 8 December 2017 DECISION ON COSTS A. Augustine Lau is ordered to pay costs to the Auckland Council in the...

4. Waitangi Tribunal Wai 2540 2.5.4 Department of Corrections and Reoffending Prisoners Claim [pdf, 605 KB]

   ...Tribunal. The Registrar is to send a copy of this direction to the applicant, Crown counsel and all those on the notification list for Wai 2540, the Department of Corrections and Reoffending Prisoners Claim. IIington this 11 th day of November 2015 Judge P J Sage Deputy Chai person WAITANGI TRIBUNAL 7

5. Practice Note 5 2018 Final [pdf, 288 KB]

   ...after the date of the decision. An exception might be justified in, for example, a case of very high public interest where the Tribunal is satisfied that the parties have, in fact, received the decision. Dated this 16th day of May 2018 Judge P Spiller Chair Immigration and Protection Tribunal ..................................................... http://www.refworld.org/

6. [2018] NZEnvC 140 Mawhinney v Auckland Council [pdf, 2.5 MB]

   ...pursuant to section 311 and appeals under section 358 PETER WILLIAM MAWHINNEY (AS A TRUSTEE OF WAITAKERE FOREST LAND TRUST AND THE FOREST TRUST) (ENV-2015-AKL-088) (ENV-2016-AKL-033) Appellant AUCKLAND COUNCIL Respondent Court: Environment Judge J R Jackson (sitting alone under section 279(1) RMA) Hearing: at Auckland on 15 August 2018 Appearances: P W Mawhinney for the appellants B Ford and K F Quinn for the Auckland Council Date of Decision : 17 August 2018 Date of...

7. BORA Local Government Law Reform Bill [pdf, 405 KB]

   ...there is some confusion about its status, and the status of other offences under the Litter Act, as strict liability offences. This confusion is undermining their effectiveness. 31. For example, in Marlborough District Council v Baker, the presiding Judge indicated that, once the prosecution has established that the defendant deposited the litter, it is for the defendant to make out the excuse to the civil standard. Nevertheless, the Court left some doubt in the matter: "Once more th...

8. 2021-03-18 ORC - Legal submissions - NPSFM 2020 - 16 March 2021 [pdf, 130 KB]

   ...149T of the RMA BETWEEN OTAGO REGIONAL COUNCIL Applicant LEGAL SUBMISSIONS OF COUNSEL FOR THE OTAGO REGIONAL COUNCIL IN RELATION TO THE NATIONAL POLICY STATEMENT FOR FRESHWATER MANAGEMENT 2020 16 March 2021 Judicial Officer: Judge Borthwick Applicant's Solicitor PO Box 4341 CHRISTCHURCH 8140 DX WX11179 Tel +64 3 379 7622 Fax +64 379 2467 Solicitor: P A C Maw / M A Mehlhopt (philip.maw@wynnwilliams.co.nz / michelle.mehlhopt@wynnwilliams.co....

9. WQ Ltd v ND Ltd [2020] NZDT 1323 (10 November 2020) [pdf, 152 KB]

   ...the Tribunal that made the decision is a division, within 28 days of the decision having been made. There is a $200 filing fee for an appeal. You can only appeal outside of 28 days if you have been granted an extension of time by a District Court Judge. To apply for an extension of time you must file an Interlocutory Application on Notice and a supporting affidavit, then serve it on the other parties. There is a fee for this application. District Court proceedings are more complex than Di...

10. LCRO 113/2013 AB v EF (3 August 2017) [pdf, 145 KB]

    ...provided to this Office in which the meaning of “untenantable” was considered. In that case, the Court did not follow the reasoning applied in the Trust litigation, and came to the view that whether or not premises are untenantable “is to be judged from the lessee’s perspective”.18 This is the submission made by Mr EF for the [CD Trust]. [40] Mr AB says that he made it clear to Mr EF that he did not want to embark on a “legal adventure”. However, he instructed different...