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1. BORA Te Ture Whenua Māori Bill [pdf, 218 KB]

   ...under section 21 of the Human Rights Act. For the purposes of this advice, the Bill of Rights Act protection from age discrimination applies to persons 16 years and over. 12 33. Clause 427(6) of the Bill provides that no person may be appointed a judge of the Māori Land Court after attaining the age of 70 years. This exclusion from eligibility is prima facie discrimination on the basis of age. 34. Previous advice has found that an analogous limit on section 19 – the imposition...

2. [2021] NZEnvC 012 Davis v Gisborne District Council [pdf, 709 KB]

   ...AND RICHARD JAMES DA VIS (ENV-2018-WLG-130) Appellant GISBORNE DISTRICT COUNCIL Respondent GISBORNE PISTOL CLUB IN CORPORA TED Consent Holder DAVID DUNBAR BRUNO HAAG ROB I<ARAITIANA Section 27 4 parties Court: Environment Judge MJL Dickey sitting alone under s 279 of the Act Hearing: 27-28 October 2019 Last case event: Costs submissions dated 23, 29 and 30 June 2020. Submissions: M Williams for R J Davis, B Haag and R Karaitiana D Randal and F Wedde for the Gi...

3. [2021] NZEnvC 015 BWO Offshore Singapore PTE LTD v The Environmental Protection Authority [pdf, 3.8 MB]

   . /,,.,,;Gl Or~- IN THE ENVIRONMENT COURT AT AUCKLAND I TE KOTI TAIAO O AOTEAROA KI TAMAKI MAKAURAU IN THE MATTER OF AND BETWEEN AND AND Court: Judge J A Smith Decision No. [2021] NZEnvC 015 an appeal under s129 of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (EEZ) of Part 11 of the Resource Management Act 1991 (RMA) BW OFFSHORE SINGAPORE PTE LTD VIJA YENDRAN MAHINDRAN (ENV-2020-AKL-000025) Appellants THE ENVIRONMENTAL...

4. LCRO 137/2017 and LCRO 33/2018 CH v RB and GN (28 June 2019) [pdf, 192 KB]

   ...invoice must be delivered or posted to the person who has a legal or beneficial interest in the trust account to be debited before or immediately after the fees are debited. (emphasis added) [40] What “immediately” means in a legal sense is to be judged by the context in which it is used. The words I have underscored convey a real sense of urgency. If a deduction has not been preceded by the issue of an invoice, then there is no room for delay in reporting. The deduction must...

5. LCRO 166/2018 KZ v AB (16 July 2019) [pdf, 150 KB]

   ...Society to accept an application to revise a bill of costs for a second time.8 In that case the applicant had lost the right to appeal the first decision because the company’s lawyer had not filed the appeal within the prescribed time limit.9 The Judges made the following comments and observations: Woodhouse P • “…the test of special circumstances…would be met where aspects of the facts seemed to indicate a problem which had relatively unusual features while reasonably...

6. 2021-05-19 Dr Royden Somerville - Memorandum of Amicus Curiae [pdf, 180 KB]

   ...Environment to be referred to the Environment Court under section 142(2)(b) of the RMA of an application under section 149T of the RMA OT AGO REGIONAL COUNCIL Applicant MEMORANDUM OF AMICUS CURIAE 19 May 2021 Judicial Officer: Her Honour Judge Borthwick R J Somerville QC Barristers Chambers PO Box 5117 Dunedin 9058 Telephone: 03 477 3488 rj s@barristerscham bers. co.nz 2 May it Please the Court Introduction 1. The principal legal questions the Court has asked me to...

7. 2021-05-19 Dr Royden Somerville - Memorandum of Amicus Curiae [pdf, 180 KB]

   ...Environment to be referred to the Environment Court under section 142(2)(b) of the RMA of an application under section 149T of the RMA OT AGO REGIONAL COUNCIL Applicant MEMORANDUM OF AMICUS CURIAE 19 May 2021 Judicial Officer: Her Honour Judge Borthwick R J Somerville QC Barristers Chambers PO Box 5117 Dunedin 9058 Telephone: 03 477 3488 rj s@barristerscham bers. co.nz 2 May it Please the Court Introduction 1. The principal legal questions the Court has asked me to...

8. LCRO 253/2015 SL v NA (28 June 2019) [pdf, 249 KB]

   ...Assuming it is correct that on 8 or 9.2.2012 counsel was informed that Mrs EO had ceased her obligation to fund the trial, by that stage counsel was in [City] for the purpose of making his closing address. Counsel had been previously told by the trial Judge leave would not be granted for counsel to withdraw. Counsel had no obligation other than to remain to make his closing address. [46] Mr NA had no choice. [47] It is acknowledged that Mr SL himself was caught unawares when Mrs EO...

9. VT Ltd v BN [2020] NZDT 1535 (30 April 2020) [pdf, 131 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. NR v HT [2019] NZDT 1335 (6 November 2019) [pdf, 222 KB]

    ...which 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, and serve it on the other parties. There is a fee for this application. District Court proceedings are more complex than...