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1. [2021] NZEnvC 056 Smith v Nelson City Council [pdf, 936 KB]

   ...Decision No. [2021] NZEnvC 56 of the Resource l\tfanagement Act 1991 an appeal under s120 of the Act MI CHJ-\.EL & EMILY SivIITH (ENV-2018-CHC-197) Appellants NELSON CITY COUNCIL Respondent KARL YOUNG Applicant Court: EnvironmentJudgeJ J M Hassan Environment Commissioner :i'd C G l\tfabin Hearing: Last case event: Date of Decision: Date oflssue: In Chambers at Christchurch Ivfemorandum of counsel dated 6 April 2021 23 April 2021 23 April 2021 DETE...

2. [2019] NZEnvC 053 Kaipara District Council v Hertzke [pdf, 514 KB]

   ...enforcement orders under s 320 of the Act KAIPARA DISTRICT COUNCIL (ENV-2019-AKL-047) Applicant DANIEL GESHON HERTZKE First Respondent HEATHER JANE HERTZKE Second Respondent MATHIAS HELMAR HERTZKE Third Respondent Court: Environment Judge DA Kirkpatrick, sitting alone pursuant to ss 279(1)(d), 309(2) and 320 of the Act Submissions: NA Spier for Kaipara DC C) fii I'~/' r.\ ~-:, ',~,; ,=, '1' ('I Date of Decision: ~~ ~i Ift"~.it .,;�...

3. LCRO 241/2014 GS v YF (26 June 2018) [pdf, 152 KB]

   ...decision in [Case name].7 Although the Court in Dorbu confirmed the principle that a judicial officer must form his or her own opinion on the evidence as presented,8 that does not prevent acceptance of the evidence provided to, and accepted by, [Judge] in that judgment. 7 [Citation removed] 8 Dorbu v Lawyers and Conveyancers Disciplinary Tribunal HC Auckland CIV-2009-404-7381, 11 May 2011. 7 [35] Evidence was provided to the C...

4. Evidence Brief: Drug Courts [pdf, 389 KB]

   ...courts’ is a term used to describe courts that integrate treatment for alcohol and other drugs (AOD) dependency with judicial processes. In drug courts, specialist teams work together to decide on the best treatment plan for each offender. Judges oversee offenders’ engagement with treatment programmes and rehabilitation support services. • In New Zealand, two AOD Treatment Courts are piloted from November 2012. Almost 300 offenders participated in these courts by mid...

5. 2021-04-12 - TAs - MOC re witness substitution + case [pdf, 550 KB]

   ...Authorities ORIGINAL Decision No. W "1@ /95 IN THE MATTER of the Resource Management Act 1991 AND IN THE MATTER of an appeal under s.120 of the Act BETWEEN R L KIDD (Appeal: RMA 435/94) Appellant AND BEFORE THE PLANNING TRIBUNAL His Honour Judge Treadwell presiding Mr J R Fitzmaurice MrF Easdale AUCKLAND CITY COUNCIL Re~pondent GLDAVY Applicant HEARING at AUCKLAND on the 26th and 27th days of April 1995 COUNSEL Mr R M Mansfield for appellant Ms D M Young for respondent...

6. Justice Statistics data tables - notes and trends June 2019 [pdf, 158 KB]

   ...being sought (78%; 4,287 applications) (Figure 7). The number of ‘on notice’ applications has decreased over the past decade, and now only represent 3% of applications (compared to 13% in 2009/2010). Sentencing Act Protection Orders allow the Judge to issue a final Protection Order at the time a person is convicted of family violence offending. In 2018/2019, there were 940 applications for these final Orders (17% of all applications). The percentage of applications filed in the...

7. Chief Coroners Annual Report 2018-2019 [pdf, 1.6 MB]

   ...8.13 9.15 7.77 11.49 13 12.45 13.52 11.24 12.48 12.96 13.58 13.44 14.66 13.94 13.46 0 5 10 15 20 25 30 Asian Rate Maori Rate Pacific Rate European and Other Rate 27 CORONERS AS AT 30 JUNE 2019 Office of the Chief Coroner Judge D Marshall Whangarei Deputy Chief Coroner B Shortland Auckland Coroner K Greig Coroner M McDowell Coroner S Herdson Coroner D Bell Hamilton Coroner G Matenga Coroner M Robb Rotorua Coroner W Bain Hastings Coroner T...

8. COVID-19 Alert Level 4 in the District Court data summary [pdf, 439 KB]

   ...affecting the liberty of the individual; protection of the at-risk or vulnerable (including children); national and community safety; and facilitating and promoting public order. In the criminal jurisdiction, defendants in custody appeared before a Judge either remotely or in person. Other proceedings were administratively adjourned until the next available date. In the Family Court, mental health and urgent protection order and parenting order applications were priority proceedings a...

9. Establishing a Criminal Cases Review Commission - Redacted [pdf, 298 KB]

   ...of the Minister of Justice. Work on prerogative of mercy applications is undertaken by lawyers in the Ministry’s Office of Legal Counsel, and assistance is sought, where required, from an independent adviser such as a Queen’s Counsel or retired Judge. 7. Where it appears that a miscarriage of justice has or is likely to have occurred in a criminal case, the Royal prerogative of mercy can be exercised to: 7.1. Grant a free pardon; or 7.2. Refer a person’s conviction or sente...

10. L v EQC [2021] CEIT-2019-0036 [pdf, 298 KB]

    ...indemnity policy is a promise to hold harmless, the insurer is in breach of contract as soon as the insured event, alleged earthquake damage in this instance, occurs. This position has been criticised by a number of UK and Australian authors and Judges and, importantly, by Neil Campbell (as he then was) in An Insured's Remedies for Breach.11 Mr Campbell’s criticism is that characterising the promise to indemnify as one to “hold harmless” does not accurately reflect the shar...