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...2022. [58] For the above reasons, I find that the Corporation’s decision was correct and I dismiss the appeal accordingly. Result [59] The appeal is dismissed. There is no issue as to costs. AA Sinclair District Court judge
...case in the category of cases that involve high questions of cultural, social and economic importance, broad value judgments and assessments of the common good, questions of social philosophy, and which inescapably call for the exercise of political judgement by elected representatives.64 59. This is the type of case in which it is difficult to identify an objective legal yardstick against which to judge the balance ultimately struck. Rather, there is a broad range of reasonably open al...
...process, on either 31 August 2022 or 1 September 2022, the applicant and first respondent had a meeting during which, according to the applicant, the first respondent stated that “…while the detail was good the volume was not presentable to a judge to review…” and “…at least I have been able to get everything onto paper and be able to move on”. [17] The output of this work, so far as affidavit evidence is concerned, was a nine- page affidavit in court format. I infer from...
...disenfranchising effect that is not insubstantial: 42.1 There has been an expectation, since 1993, that electors can register to vote either on the day before polling day, or on polling day. Expectations based on longstanding legislative settings are salient to judging potential prejudice and proportionality.37 It is also relevant in this respect that the trend over time has been towards greater flexibility as to when people may register to vote, whereas the imposition of the registratio...
...circumstances. It is an understatement to say much good work has been done, which we acknowledge fully. There is, however, work to do to ensure that the Crown’s response to the pandemic is Treaty compliant and equitable for Maaori. Nāku noa, nā [image: ]Judge Damian Hohepa Stone Presiding Officer Abbreviations app appendix ca Court of Appeal cvtag covid-19 Vaccine Technical Advisory Group doc document dhb district health board dpmc Department of Prime Minister and Cabinet ed edition, edit...
...Unwin and Port Nicholso~ Press, 1987, p 2 31. BPP, 1836, VOll; BPP, 1837, vol 2 6 " I ORIGINS OF PRE-EMPTION or by the governor of the colony. Its reasoning for this, was that settler disputes with native tribes could not in fairness be judged by a local legislature comprised of settlers. Secondly, the committee suggested that private purchases, by Her Majesty's subjects, of native land in, or in immediate contiguity to, the Crown's dominion, should be declared �...
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...might have reported in the survey that someone used their phone for a purpose that offended them, whereas the user may not have intended to cause offence. Likewise, a picture received on a mobile phone that one phone owner found offensive may not be judged so by another owner. We retain the label of ‘e-crime’ nonetheless. The e-crime questions were also modest in scope. For instance, they do not: count how many times the incidents occurred • give details of the incidents, such as...
...ENVIRONMENT COURT Court: Decision [2016] NZEnvC C->5\ ENV-2015-AKL- 000039 IN THE MATTER of an appeal under s120 of the Resource Management Act 1991 BETWEEN CRADDOCK FARMS LIMITED Appellant AND THE AUCKLAND COUNCIL Respondent Environment Judge C J Thompson Environment Commissioner K A Edmonds Deputy Environment Commissioner D A Kernohan Hearing: at Auckland 26,27, 30 November, 1,3 December 2015 Site inspections 2 December 2015 Final submissions 9 February 2016 Counsel...
...NZEnvC 227 of the Resource Management Act 1991 of an appeal under clause 14 of the First Schedule to the Act TARANAKI ENERGY WATCH INCORPORATED (ENV-2016-WLG-080) Appellant SOUTH TARANAKI DISTRICT COUNCIL Respondent Court: Environment Judge J E Borthwick Environment Commissioner J A Hodges Environment Commissioner J T Baines Hearing: at New Plymouth on 19-23 March 2018, 31 May 2018, 1 June 2018 and 27-30 August 2018 Site visit undertaken on 20 March 2018 Appearances:...