Search Results

1. [2020] NZEnvC 015 Goatley Holdings Limited v Auckland Council [pdf, 1.1 MB]

   ...HOLDINGS LIMITED (ENV-2019-AKL-000133) Appellant AUCKLAND COUNCIL Respondent AUCKLAND TRANSPORT Applicant NEW ZEALAND TRANSPORT AGENCY OMAHA BEACH COMMUNITY INCORPORATED WARKWORTH LAND COMPANY LIMITED s27 4 parties Environment Judge J A Smith (sitting under s279 of the Act) Ms B Carruthers for Goatley Holdings Limited Ms L Leyland for Auckland Council Ms R Tompkins for New Zealand Transport Agency Ms J Gregory for Auckland Transport, and as agent for Warkworth L...

2. People charged and convicted of homicide offences June 2018 [xlsx, 100 KB]

   ...someone can receive when convicted of manslaughter is life imprisonment; there is no minimum sentence. The manslaughter category also includes offences relating to infanticide, abortion and inciting/aiding suicide, which have lower maximum sentences. The Judge uses their discretion, based on aggravating and mitigating factors associated with the charge, to determine whether a prison sentence or other type of sentence is most appropriate. In some situations a person is convicted and discharged,...

3. Ashworth v Kent (Strike-Out Application) [2018] NZHRRT 55 [pdf, 475 KB]

   ...exercised in a vacuum. 14 [58] This is the point made by Elias CJ and Tipping J in Commerce Commission v Carter Holt Harvey Ltd in the passages earlier cited under the heading “Jurisdiction to strike out”. For the reasons given by both judges, the general rule is that limitation questions will not be decided in interlocutory proceedings in advance of the hearing except in the clearest of cases. Overall conclusion [59] The application by Dr Kent to have the proceedings by M...

4. [2019] NZEnvC 176 Upper Clutha Environmental Society Inc v Queenstown Lakes District Council [pdf, 27 MB]

   ...Resource Management Act 1991 of an appeal under clause 14( 1) of the First Schedule of the Act UPPER CLUTHA ENVIRONMENTAL SOCIETY INCORPORATED (ENV-2018-CHC-56) Appellant QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Environment Judge J R Jackson (sitting alone under section 279(1) of the Act) Hearing: at Queenstown on 6 August 2019 Appearances: P Steven QC and E L Keeble for Arthurs Point Outstanding Natural Landscape Society Incorporated K L Hockly for the Queen...

5. Wilton TRI-2021-100-002 Procedural Order 7 [pdf, 225 KB]

   ...than that of the High Court and it 1 Assessor’s report (23 July 2020) at [7]. 4 can be fair and appropriate “to strike out a party in circumstances other than where no reasonable cause of action is disclosed”.2 [14] The learned Judge in Vero Insurance3 adopted the comments of Katz J in Saffioti v Jim Stephenson Architect Ltd 4 urging caution in removing a party: [44] Nevertheless, it is my view that the cases where it will be “fair and appropriate” for the Tribuna...

6. 1.-Full-List-of-Fee-Changes-23-July.pdf [pdf, 366 KB]

   ...record, - (a) if a fee has been paid under item 9 in respect of the document, court file, or formal court record (b) in any other case (a) No fee (b) $30 (a) No fee (b) $39 Copying a judgment relating to a criminal appeal $30 $33 Copying a judgement relating to a civil matter $30 $39 Copying any document (other than a judgment) per page in black and white/colour $0.20/0.40 $0.30/0.50 Copying any document (other than a judgment) relating to a criminal appeal per page in blac...

7. LCRO 109/2023 W and F JM v EB and MK [pdf, 221 KB]

   ...belief. When examining reasonableness, it will be aware that it is not uncommon for solicitors to be sued for professional negligence where they fail to advise a client to lodge first and argue for its validity afterwards…. The matter will be judged by the standards of a reasonable conveyancing practitioner possessed of the factual material available to the solicitor whose action in lodging a caveat is under scrutiny and advising and acting in the same circumstances. Would such a pr...

8. Juror Satisfaction Survey 2023 Results Report [pdf, 539 KB]

   ...and hot beverages could be improved (that is healthier options, more snacks, better coffee). Comments regarding staff “Felt very welcome and that helped calm the nerves” – Dunedin District Court “Jess along with all court staff and the judge were outstanding” – Tauranga District Court “[I liked] the respect given to all jurors by all court staff” – Rotorua High Court “Beverly ... is awesome, kind, informed, excellent manners” – Rotorua District Court “[I...

9. [2024] NZLVT 023 - YMCA North Inc v Auckland Council (1 May 2024) [pdf, 415 KB]

   ...KI TĀMAKI MAKAURAU IN THE MATTER OF BETWEEN AND Decision [2024] NZLVT 023 a claim for compensation under the Public Works Act 1981 YMCA NORTH INCORPORATED (ENV-2021-AKL-000039) Claimant AUCKLAND COUNCIL Respondent Tribunal: Judge J A Smith, Chairperson (sitting alone pursuant to s 19(8) of the Land Valuation Proceedings Act 1948) Hearing: On the papers Last case event: 5 April 2024 Submissions: S L Cogan and L G Berryman for the Claimant N R Hall and R S Abraha...

10. Outcomes for Mentally Impaired Persons June 2023 [xlsx, 97 KB]

    ...responsible on account of insanity. Proven but not criminally responsible on account of insanity This new charge outcome replaced not guilty by reason of insanity when the Victims of Insane Offenders Act 2021 was enacted on 13 December 2022. It is used when a judge (or in some cases a jury) makes the finding of act proven but not criminally responsible on account of insanity, either before or at trial. This is a proved outcome and acknowledges that while a defendant may not be criminally respo...