Search Results

1. [2018] NZEnvC 239 Mawhinney v Auckland Council [pdf, 851 KB]

   ...applications for declarations pursuant to section 311 PETER WILLIAM MAWHINNEY (AS A TRUSTEE OF WAITAKERE FOREST LAND TRUST AND THE FOREST TRUST) (ENV-2015-AKL-088) (ENV-2018-AKL-145) Applicants AUCKLAND COUNCIL Respondent Environment Judge J R Jackson (Sitting alone under section 279 of the Act) In Auckland on 1 October 2018 (Final submissions received 15 October 2018) P W Mawhinney for the Waitakere Forest Land Trust and the Forest Trust B Ford for the Auckland Counci...

2. LCRO 185/2017 DO v DP (18 March 2019) [pdf, 237 KB]

   ...refers to Muir J’s minute of that teleconference in which His Honour stated that in his Judgment No 1 he had “ruled against Mr JQ’s belated attempts … to file evidence shortly before trial and in breach of earlier orders made by Associate Judge Bell”.5 (4) Unnecessary calculation exercise — costs incurred [21] Ms DC claimed Mr DO incurred “unnecessary and very substantial costs working out” the final distribution from the firm’s trust account. She described the...

3. ASC Annual Report 2020 [pdf, 1019 KB]

   ...areas. There are still gatekeepers in all sorts of guises. There is the doctor who interprets the law conservatively and does not refer the patient to a certifying consultant, the clerk behind the desk at Social Welfare who exerts a personal moral judgement and when approached by a very low income earner will not make emergency finance available. Unfortunately, there are also a few certifying consultants who although they are at present well reimbursed by the system, also make quite s...

4. LCRO 1/2018 SY v LT and LN (17 December 2019) [pdf, 224 KB]

   ...management of an estate, lies in the courts. Included in the beneficiary’s armoury is a proceeding seeking to remove and replace an executor. [93] If in the course of considering proceedings against a lawyer in their capacity as an executor, a judge considers that an aspect of the lawyer’s conduct requires disciplinary investigation, then the complaints process is competent to manage that. 15 Sadler v Public Trust [2009] NZCA 364....

5. Matsuoka v E Tū Incorporated (Preservation Orders) [2018] NZHRRT 49 [pdf, 824 KB]

   ...Judicature Amendment Act 1972 does not mandate any particular approach to the statutory test of whether an interim order is necessary for the purpose of preserving the position of the applicant. The legal answer must depend on an assessment by the Judge of all the circumstances of the particular case. Clearly the nature of the review proceedings will be material. So will the character, scheme and purpose of the legislation under which the impugned decision was made. And appropriate weight...

6. Supplementary Regulatory Impact Statement: Extending the duration limit of Police safety orders [pdf, 667 KB]

   Extending the duration limit of Police safety orders | 1 Summary: Extending the Duration Limit of Police Safety Orders Advising agencies Ministry of Justice Decision sought Agreement to the duration limit of Police safety orders for inclusion in the family violence reforms currently before Parliament. Proposing Ministers Minister of Justice Summary: Problem and Proposed Approach Problem Definition What problem or opportunity does this proposal seek to address? Wh

7. LCRO 43/2021 CAT Ltd v ZEN Lawyers Ltd (28 October 2021) [pdf, 217 KB]

   ...defence. It has been noted that “there are two pervasive principles of natural justice: that the parties be given adequate notice and opportunity to be heard (audi alteram partem) and that the decision-maker be disinterested and unbiased (no man a judge in his own cause).6 [64] It is accepted that the jurisdiction of a Standards Committee has a compensatory and remedial dimension.7 [65] Mr BV was the managing director of ZEN when he met with Mr JM in February 2019. [66] Mr BV...

8. Director of Proceedings v Platz [2021] NZHRRT 51 [pdf, 500 KB]

   ...arbitrariness or partiality, and suspicion of arbitrariness or partiality, on the part of courts. Open 3 justice “imposes a certain self-discipline on all who are engaged in the adjudicatory process – parties, witnesses, counsel, Court officers and Judges”. The principle means not only that judicial proceedings should be held in open court, accessible by the public, but also that media representatives should be free to provide fair and accurate reports of what occurs in court....

9. Adoption in Aotearoa New Zealand: Summary document [pdf, 325 KB]

   ...to place their child for adoption, which is a big decision to make. 7 Once the birth parents agree to the adoption, their role in the adoption process ends. They don’t have the right to attend the adoption hearing, or to talk to the judge deciding the adoption application. There is also limited information and support services available for birth parents before, during and after an adoption. We want to hear your views on what the birth parents’ role should be in the...

10. Local Government Bill [pdf, 440 KB]

    ...land; • The enforcement officer must give reasonable notice of the intended entry to the occupier of the land, if practicable; • The power may not be exercised to enter a dwellinghouse unless authorised by a warrant given by a District Court Judge; • The enforcement officer must produce evidence of his or her identity and authority to exercise the power on first entering the land and whenever reasonably requested to do so. Conclusion 81. We, therefore, consider that the power of...