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1. Edwards v Capital and Coast DHB (Strike-Out Application) [2016] NZHRRT 20 [pdf, 144 KB]

   ...necessarily rule on the challenge. If the Tribunal declines to do so, it is wrongfully declining jurisdiction and a court will order it to act properly. See Wade and Forsyth Administrative Law (11th ed, Oxford, 2014) at 210 citing (inter alia) the judgment of Lord Goddard CJ in R v Fulham, Hammersmith and Kensington Rent Tribunal; Ex parte Zerek [1951] 2 KB 1 at 6: … if a certain state of facts has to exist before an inferior tribunal have jurisdiction, they can inquire into the fact...

2. JE v AC and SY LCRO 259/2012 (17 February 2015) [pdf, 154 KB]

   ...the Legal Complaints Review Officer (LCRO) on review is to reach her own view of the evidence before her. Where the review is of an exercise of discretion, it is appropriate for the LCRO to exercise particular caution before substituting her own judgement for that of the Standards Committee, without good reason. Scope of Review [30] The LCRO has broad powers to conduct her own investigations, including the power to exercise for that purpose all the powers of a Standards Committe...

3. [2017] NZEnvC 175 NZ Building Projects Limited v Auckland Council [pdf, 7.8 MB]

   -BEFORE THE ENVIRONMENT COURT IN THE MATTER AND BETWEEN AND Decision No. [2017] NZEnvC 175 of the Resource Management Act 1991 of an application for declarations under s 311 of the Act NZ BUILDING AND PROJECTS LIMITED and RUBAN MAHABIR (ENV-2017-AKL-74) Applicants AUCKLAND COUNCIL Respondent Court: Environment Judge J J M Hassan (Sitting alone under section 309 of the Act) Hearing: at Auckland on 28 September 2017 Appearances: Dr J Forret for the applicants S Q

4. Ngati Pahauwera Report of Independent Assessor December 2015 [pdf, 1.4 MB]

   ...in The New Zealand Supreme Court. The first 10 years (LexisNexis, Wellington 2015), 337-339. 19 Because the river itself is gorged and full of rapids, it clearly is not navigable and thus in the context of the whole river (a reference to the Paki judgment of McGrath J at [249]-[251 ]) the Mohaka mouth was not navigable. It is not the function of an Independent Assessor to make legal rulings. Rather, the focus must be on the evidence. What evidence there is about the navigation of the ri...

5. Director of Proceedings v McMillan [2020] NZHRRT 19 [pdf, 411 KB]

   1 (1) ORDER PROHIBITING PUBLICATION OF NAME OR IDENTIFYING PARTICULARS OF AGGRIEVED PERSON OR HER SON (2) ORDER PREVENTING SEARCH OF THE TRIBUNAL FILE WITHOUT LEAVE OF THE CHAIRPERSON OR OF THE TRIBUNAL IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2020] NZHRRT 19 Reference No. HRRT 004/2020 UNDER SECTION 50 OF THE HEALTH AND DISABILITY COMMISSIONER ACT 1994 BETWEEN DIRECTOR OF PROCEEDINGS PLAINTIFF AND VICKI ANNE MCMILLAN DEFENDANT AT WELLING

6. LCRO 119/2021 FE v AD of [Firm 1] (14 October 2022) [pdf, 267 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. [30] 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...

7. Rātima v Sullivan - The Tataraakina C Trust (2015) 41 Takitimu MB 102 (41 TKT 102) [pdf, 531 KB]

   ...October 2014 37 Tākitimu MB 74 dated 3 and 4 December 2014 Appearances: C Bennett for Henare Rātima D Porteous for George Sullivan S Cowan for Horo Edwards, John Wano and Ivy Kahukiwa Smith Tania Huata Kupa in person with Mark Kupa Judgment: 9 July 2015 RESERVED JUDGMENT OF JUDGE L R HARVEY Solicitors: C Bennett, Langley Twigg Law, P O Box 446, Napier 4140, cara@langleytwigg.co.nz S Cowan, Bramwell Grossman Lawyers, P O Box 500, Hastings,...

8. [2021] NZEnvC 115 Te Whanau a Kai Trust v Gisborne District Council [pdf, 9.4 MB]

   BEFORE THE ENVIRONMENT COURT AT AUCKLAND I TE KOTI TAIAO O AOTEAROA KI TAMAKI MAKAURAU Court: Hearing: Last event: Decision No. [2021] NZEnvC 115 IN THE MATTER of an appeal under clause 14(1) of the First Schedule to the Resource Management Act 1991 BETWEEN AND AND TE WHANAU A KAI TRUST (ENV-2017-WLG-000088) Appellant GISBORNE DISTRICT COUNCIL Respondent FEDERATED FARMERS OF NEW ZEALAND INCORPORATED MURRAY PALMER TUIWARMENHOVEN HORTICULTURE NZ RONGOWHA

9. NZCVS 2023 Methodology Report (Cycle 6) [pdf, 4.3 MB]

   NZCVS Methodology Report 2023 (Cycle 6) June 2024 Although all reasonable steps have been taken to ensure the accuracy of the information contained in this document, the Ministry of Justice disclaims any and all responsibility for any inaccuracy, error, omission, or any other kind of inadequacy, deficiency, or flaw in, or in relation to, the information; and fully excludes any and all lia

10. Christie Alexis Lesley MARCEAU (CSU-2011-AUK-001471) [pdf, 12 MB]

    THIS FINDING IS SUBJECT TO PROHIBITIONS AND RESTRICTIONS ON PUBLICATION UNDER S74 OF THE CORONERS ACT 2006 IN THE CORONER'S COURT AT AUCKLAND CSU-2011-AUK-001471 Hearing: Appearances: UNDER THE CORONERS ACT 2006 AND IN THE MATTER OF An inquest into the death of CHRISTIE ALEXIS LESLEY MARCEAU 12-22 June 2017 and 7 July 2017 N Pender and P McMillan for Mr and Mrs Marceau H Janes and S Wiseman as counsel assisting Coroner J Miles QC and A Todd for Solicitor-Genera