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1. Protected person TPO Information Pack [pdf, 560 KB]

   ...have contact with you or your children. Other Orders Depending on your situation, you might have applied for other Court Orders. 11 What do these words mean? Protection Order: a Protection Order is a court order given by a Judge that says that a person must stop being violent, abusive or threatening towards the person who has applied for the order, their children or anyone else named in the Protection Order. Breach: not following any of the rules set out in t...

2. LCRO 164/2018 VG v SQ (2 June 2020) [pdf, 132 KB]

   ...events with any accuracy”. [39] However, in response to the specific questions put to him by me in correspondence Mr SQ says:14 “In the course of discussions and negotiations between counsel” prior to “the matter being called before” the Judge “it was proposed by counsel for Mr VG’s former wife that the application for interim spousal maintenance be resolved by a payment by Mr VG of $10,000 to Ms JJ. That proposal was put to Mr VG and he consented to it specifically”...

3. Hearn v Parklane Investments Limited [pdf, 39 KB]

   ...and resolution of claims relating to those buildings. words, this phrase refers to the lack of authority of a judge or indeed an adjudicator to rehear a case after it has rendered judgment. 10 [36] Many claims are like the present case where there are multiple parties and multiple interests. In many cases the interests of the respondents will dep...

4. Sexual violence attrition and progression - Q&A [pdf, 384 KB]

   ...been determined yet (as the court hearings had not been completed). The number that were still active in court was highest in the most recent year. Why are people receiving sentences other than imprisonment for sexual offending? At sentencing the judge needs to consider: • the seriousness of the offence • the impact it has had on the victim, and others • the offender’s personal, family, whānau, community and cultural background, as well as their age and health • what...

5. Tucker v Real Estate Agents Authority (Application for Closed Hearing) [2019] NZHRRT 49 [PDF, 287 KB]

   ...arbitrariness or partiality, and suspicion of arbitrariness or partiality, on the part of courts. Open justice “imposes a certain self-discipline on all who are engaged in the adjudicatory process – parties, witnesses, counsel, Court officers and Judges”. The principle means not only that judicial proceedings should be held in open court, accessible by the public, but also that media representatives should be free to provide fair and accurate reports of what occurs in court. Given th...

6. Arms (Firearms Prohibition Orders) Amendment Bill (No 2) [pdf, 187 KB]

   ...1961, s 191. 22 Crimes Act 1961, s 173. 23 A persuasive onus requires the defendant to affirmatively prove a specified standard (here the balance of probabilities) of a position. An evidential onus, meanwhile, requires the accused to satisfy the judge that there is sufficient evidence before the court to raise a triable issue; see Hansen at [96]. 24 See, for example, Hansen at [126 – 131]. 7 WELLINGTON, NEW ZEALAND Published by Order of the House of Representatives - 2020...

7. [2021] NZEnvC 070 Seafort Holdings Limited v Far North District Council [pdf, 1.3 MB]

   IN THE ENVIRONMENT COURT AT AUCKLAND I TE KOTI TAIAO O AOTEAROA KI TAMAKI MAKAURAU IN THE MATTER OF BETWEEN AND Court: Judge J A Smith Decision [2021] NZEnvC 0-=/-0 an appeal against objection to fees charged under s 358 of the Resource Management Act 1991 SEAPORT HOLDINGS LIMITED (ENV-2021-AKL-010) Appellant FAR NORTH DISTRICT COUNCIL Respondent Hearing: Last case event: On the papers in Chambers under s 279 of the Act Email from Far North District Council, 10...

8. Establishment of Canterbury Earthquakes Insurance Tribunal 30 January 2018 [pdf, 412 KB]

   ...and associated costs and time delays, by requiring leave of the High Court; 16.3. maintains natural justice, by providing parties with the opportunity to appeal the Tribunal’s fact-finding and interpretation of the law where such an appeal is judged to have merit; 16.4. provides a meaningful appeal pathway so claimants are not deterred from filing with the Tribunal; and 16.5. enables complex or novel points of law arising from the Tribunal’s decisions to be adequately revie...

9. Te Manutukutuku Issue 18 [pdf, 2.9 MB]

   ...impression that there was indeed a mandate for the settlement, pro­ vided the Treaty was not compromised'. --........ -..,......~...., SealoreIs claim hearing i" Wellington. Left to right: Sir Hugh Kawharu, Bishop Manuhuia .BetJtJett, Chief Judge Edward Durie am JoantJe Moms. To ensure Treaty rights were protected, the Tribunal recommended: ... that the legislation make no provision for the extin­ guishment of Treaty fishing interests, and that the legislation in fact...

10. Te Manutukutuku Issue 5 [pdf, 2.8 MB]

    ...announced on that day that the Ngai Tahu report would be produced in three sections: (1) the main land claims; (2) sea fisheries; and (3) the host of smaller claims that were introduced during the initial two years of Ngai Tahu hearings. Chief Judge Durie has given several addresses this year. We list here a selection of his speeches which are available on request from this office: National Conference of Major Religious Superiors of New Zealand. Wellington, March 1990 Hoi Manawhenu...