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1. Justice Sector Outlook December 2016 [pdf, 882 KB]

   ...absence of other significant proposals for legislative or operational change. Disposals by case type Forecast Cases Change cf. last year Difference cf. forecast Cases Change cf. last year District Court jury trial 751 720 0% -4% 2753 12% Judge-alone 206 210 4% 2% 809 -2% High Court jury 52 37 -29% -29% 163 37% Court of Appeal 105 97 -10% -8% 502 3% High Court appeal 268 257 -2% -4% 851 4% Total Crown Law disposals 1382 1321 -2% -4% 5078 8% Last 12 months Current quarter...

2. 2021-03-18 Fish & Game opening subs [pdf, 298 KB]

   ...assistance in explaining this process. The Environment Court in Pierau v Auckland Regional Council confirmed as follows7: [18] Our reasoning is as follows. In Waiheke Marinas Limited' the Environment Court presided over by the presiding Judge in the present case, described the role of s 88A as a "shield", in circumstances where the applicant for consent sought to introduce new elements into the activities applied for, after the planning instruments had changed throug...

3. [2020] NZREADT 33 - Wheeler v Real Estate Agents Authority (10 August 2020) [pdf, 306 KB]

   ...problems were notoriously difficult to permanently fix, then the licensee’s obligations under one or possibly both of the rules mentioned would be triggered. [37] It is our assessment that taking into account the totality of the evidence in judging the matter by the circumstances in which the second respondent found himself, it has not been established that the he breached his obligations of disclosure under rules 6.4 and 10.7. The fact that on an earlier occasion the house had...

4. [2020] NZEnvC 102 Public and Population Health Unit of the Northland District Health Board v Northland Regional Council [pdf, 425 KB]

   ...Schedule 1 of the Act in relation to the Proposed Regional Plan for Northland PUBLIC AND POPULATION HEALTH UNIT OF THE NORTHLAND DISTRICT HEALTH BOARD (ENV-2020-AKL-000126.) Appellant NORTHLAND REGIONAL COUNCIL Respondent Court: Environment Judge J A Smith - sitting alone pursuant to section 279 of the Act Hearing: On the papers in Chambers at Auckland Counsel: W D McKean for Northland District Health Board M J Doesburg for Northland Regional Council KR M Littlejohn for N...

5. Williams v Police (Strike-Out Application No. 2) [2020] NZHRRT 26 [pdf, 696 KB]

   ...July 2013 there has been a statutory process for obtaining criminal records. We do not intend describing that process here as it was not operative at the relevant date, namely 20 August 2009. [16.5] Prior to the statutory process a Family Court Judge could make a direction that a party file their criminal record, summary of facts or sentencing notes or alternatively direct a s 132 report to cover the party’s criminal record which is often obtained and disclosed in these reports. [16...

6. [2020] NZEnvC 165 Taranaki Energy Watch Incorporated v South Taranaki District Council.pdf [pdf, 7.8 MB]

   ...NZEnvC 165 of the Resource Management Act 1991 of an appeal under clause 14 of the First Schedule of the Act TARANAKI ENERGY WATCH INCORPORATED (ENV-2016-WLG-80) Appellant SOUTH TARANAKI DISTRICT COUNCIL Court: Respondent Environment Judge J E Borthwick Environment Commissioner J A Hodges Environment Commissioner J T Baines Hearing: In Chambers at Christchurch Date of Decision: 29 September 2020 Date of Issue: 29 September 2020 FINAL DECISION OF THE ENVIRONMENT COU...

7. LCRO 283/2014 AD v FR and OR (31 August 2018) [pdf, 219 KB]

   ...brought the legal profession into disrepute; (b) Mr AD had disclosed confidential information; (c) Mr AD had made accusation that they had behaved improperly, when there had been no inquiry into their conduct — he had essentially acted as “judge, jury and executioner”; (d) Mr AD had breached a number of the Lawyers and Conveyancers Act (Lawyer: Conduct and Client Care) Rules 2008 (the Rules) specifically rr 1.4(c) (negligence), 2.3 (use of legal procedures for improper purpo...

8. 2021-05-21 ORC & OWRUG - MOC - identifying issues for determination regarding dams [pdf, 447 KB]

   ...RMA AND IN THE MATTER of an application under section 149T of the RMA BETWEEN OTAGO REGIONAL COUNCIL Applicant JOINT MEMORANDUM OF COUNSEL IDENTIFYING ISSUES FOR DETERMINATION REGARDING DAMS 21 May 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.c...

9. [2021] NZEnvC 113 Minister of Conservation v Northland Regional Council [pdf, 1.5 MB]

   ...(ENV-2019-AKL-122) AND AND AND ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV-2019-AKL-127) MANGAWHAIHARBOUR RESTORATION SOCIETY (ENV-2019-AKL-110) Appellants NORTHLAND REGIONAL COUNCIL Respondent Judge J A Smith Commissioner S K Prime Commissioner S C Myers Last case event: 3 -5 May 2021 5 May 2021 Appearances: SJ Ongley and M Downing for the Minister of Conservation (The Minister) PD Anderson for Royal Forest and Bird Protection...

10. LCRO 100/2021 QT v Righteous Law Ltd (21 June 2022) [pdf, 252 KB]

    ...before their transfer may register is insufficient to meet this obligation. 9 Sale of Land McMorland at 11.02 – Palmer v Lark [1945] Ch 182 at 184-185 per Vaisey J, Shetland Farms Ltd v Plateau Farms Ltd (2009) 10 NZCPR 597 at 40-43 per Associate Judge DGJ Gendall 37. If the purchaser’s solicitor had raised the issue of the title not being immediately transferrable, there were various options open to the parties under the Agreement, with penalty interest payable by the vendor if...