Search Results

1. [2017] NZEnvC 207 Auckland Council [pdf, 734 KB]

   ...Council (as consent authority) also states that it will extend the time for making submissions under s97 of the Act from 20 to 30 workings days, using its power under s37(1 )(a). [48] Those proposals appear sufficient on a practicable basis, in my judgment, to achieve widespread opportunities for persons who are likely to be interested in this application for resource consent to receive direct notice of the application so that they may decide whether or not they wish to make a submi...

2. Robinson v ACC [2012] NZACA 9 [pdf, 640 KB]

   ...Court order and jointly as me,. <",. Langhome orders. 4 Garners Dictionary of Legal Usage (Third Edition) defines "order" as "(1) a command or direction; (2) a . written direction ... In sense (2), order is distinguished from judgment and decree: An order is the or determination of the court upon some subsidiary or collateral matter arising In an action, not disposing of the merits, but adjudicating a preliminary point or directing some step in the proceedings.&quo...

3. TH v CY LCRO 32/2014 (14 October 2016) [pdf, 94 KB]

   ...on the evidence before her. Nevertheless, as the Guidelines properly recognise, where the review is of the exercise of a discretion, it is appropriate for the Review Officer to exercise some particular caution before substituting his or her own judgment without good reason. [19] More recently, the High Court has described a review by this Office in the following way:2 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determination...

4. LCRO 201/2017 ZK v XM (29 June 2018) [pdf, 288 KB]

   ...view on the evidence before her. Nevertheless, as the Guidelines properly recognise, where the review is of the exercise of a discretion, it is appropriate for the Review Officer to exercise some particular caution before substituting his or her own judgment without good reason. [23] More recently, the High Court has described a review by this Office in the following way:4 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee deter...

5. Justice Sector Outlook December 2016 [pdf, 758 KB]

   ...rate, sentence mix or imposed sentence length. The proportion of remandees becoming sentenced prisoners is also assumed to remain constant. Scenarios explore impact of alternative assumptions These projections are based on assumptions and expert judgement, and thus subject to uncertainty. This is a particular challenge during times of change in underlying patterns. We have prepared two scenarios around our baseline projection of 12,200 by 2025-2026. Scenarios enable us to examine th...

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

   ...rate, sentence mix or imposed sentence length. The proportion of remandees becoming sentenced prisoners is also assumed to remain constant. Scenarios explore impact of alternative assumptions These projections are based on assumptions and expert judgement, and thus subject to uncertainty. This is a particular challenge during times of change in underlying patterns. We have prepared two scenarios around our baseline projection of 12,200 by 2025-2026. Scenarios enable us to examine th...

7. Waudby - Wharepuhunga 16B8 (2004) 107 Waikato MB 163 (107 W 163) [pdf, 5.2 MB]

   ...that they may be prejudiced when the time came to seek benefits from the Trust". If that is the reason behind Ms Waudby's refusal to give the names of the other owners for whom she acted then, as Judge Carter stated (at page 18 of his judgement) the Trust should do its best to show owners that they need not fear such prejudice. This can be done in a number of ways, for example setting up transparent decision-making processes relating to the allocation of benefits to th...

8. Family Court Rewrite Submission - Waitemata Community Law Centre [pdf, 1 MB]

   ...orders, applications for leave. Concerns about delegating without notice applications to SFCRs – these may be better left to Judges. Question 31: What sorts of competencies should Senior Family Court Registrars have? Our submission: Sound judgment and decision-making; cultural competency; comprehensive knowledge of relevant legislation and its practical application; understanding of the dynamics of family violence and intimate partner violence; understanding of the community they...

9. [2018] NZEnvC 180 McKay [pdf, 752 KB]

   ...unreasonable in the sense that no reasonable consent authority, duly appreciating its duties, could have imposed them.22 [55] The short point that can be made in the relatively abstract circumstances of this application is that while it is clear in my judgment that the conversion of a cross leased property to separate freehold titles is a subdivision of land and requires a subdivision consent, the consent authority should generally approach such an application in a way that is mindf...

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

    ...was not authorised to provide the report but he was able, and indeed required, to provide a summary of what was in it. [66] We consider that the question of disclosure of what was in the RealSure report was a matter that required some careful judgement on the part of the licensee. As the Authority submissions noted, there may be some problems with the licensee passing to customers reports about properties which other customers have commissioned. [67] The RealSure report summary di...