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1. Bayne v Ngati Rehua Ngati Wai ki Aotea Trust Board - Ngatirehua Ngatiwai ki Aotea Trust (2015) 115 Taitokerau MB 41 (115 TTK 41) [pdf, 228 KB]

   ...(Heard at Whangarei) Counsel: Mr Paul Chambers for the applicant Mr Spencer Webster for Ngati Rehua and Ngati Wai ki Aotea Trust Mr Wayne Peters for the Ngati Wai Trust Board Mr Craig Linkhorn and Ms Ellen Chapple for the Crown Judgment: 5 November 2015 RESERVED JUDGMENT OF JUDGE M P ARMSTRONG Copies to: Paul Chambers Barrister PO Box 41351 Auckland 1346 paul.chambers@vodafone.co.nz Spencer Webster, Koning Webster Lawyers, 34 Gravat...

2. Pacey v Adlam - Matata Parish 39A2B2B2A and Matata 30A 2A (2016) 147 Waiariki MB 143 (147 WAR 143) [pdf, 260 KB]

   ...Hearing: 18 August 2016 (Heard at Rotorua) Appearances: D Wackrow for the First Applicant D Dowthwaite for the Second Applicant L Van for the First Respondent T Wara for the Second Respondent M Sharp for the Third Respondent Judgment: 9 September 2016 RESERVED JUDGMENT OF JUDGE C T COXHEAD Copies to: D Wackrow, PO Box 461, Auckland 1140 - don@wwandd.co.nz D Dowthwaite, DX JP30009, Rotorua 3046 - lawyers@xtra.co.nz L Van, PO Box 2646 Aucklan...

3. Issue 25 1 October 31 December 2020 [pdf, 737 KB]

   Recommendations Recap A summary of coronial recommendations and comments made between 1 October and 31 December 2020 Office of the Chief Coroner | 2020 (4) i Coroners’ recommendations and comments Coroners perform essential functions within our society. They inquire into a range of unexpected deaths to establish the identity of the person who has died and the cause and circumstances of their death. While inquiring into a d

4. Consent Order - Walden, Straits Protection Society & Smart v Auckland Council [pdf, 1021 KB]

   ...Inc (CIV-2016-404-002349). The Straits Protection Society Incorporated appeal (the Straits appeal) and the G & C Smart appeal (the Smart appeal) were lodged in July 2017 pursuant to s 156(3) ofthe LGATPA after the High Court had issued its judgment in the related judicial review proceedings: The Straits Protection Society Incorporated v Auckland Council. 1 [3] The appeals challenged the Council's decision to accept the recommendation made by the Auckland Unitary Plan Inde...

5. Re Apostolakis No. 3 (Refusal of Name Suppression) [2018] NZHRRT 4 [pdf, 223 KB]

   ...decision of the Tribunal in [2016] NZHRRT 35 makes no reference to any proceedings brought by Mrs Apostolakis under the Property (Relationships) Act 1976 or to the proceedings determined by Grace DJ. It follows any suppression orders made in the judgment of 13 October 2009 have no application or relevance. [4] It was in these circumstances that by letter dated 9 August 2017 the Secretary advised Mrs Apostolakis that she appeared to be of the fundamentally mistaken view that because in...

6. LCRO 35/2020 RS v HM (27 May 2020) [pdf, 86 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. [13] 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 determ...

7. Legal aid fixed fee schedules for public safety public Protection Orders [pdf, 603 KB]

   ...an application under s45 of the Mental Health (Compulsory Assessment and Treatment) Act 1992 or s29 of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003  reporting to and invoicing Legal Aid Services. Consideration of Judgment/ Order(s) * $210 For  receiving and considering Judgment/ Order(s)  advising client on implementation of Judgment/ Order(s)  reporting to and invoicing Legal Aid Services. Additional Factors – Defended Hearing(s)...

8. Legal aid civil public Protection Orders fixed fee schedule [pdf, 672 KB]

   ...an application under s45 of the Mental Health (Compulsory Assessment and Treatment) Act 1992 or s29 of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003  Reporting to and invoicing Legal Aid Services Consideration of Judgment/ Order(s) * $210 For  Receiving and considering Judgment/ Order(s)  Advising client on implementation of Judgment/ Order(s)  Reporting to and invoicing Legal Aid Services Additional Factors – Defended Hearing(s) $...

9. Public Protection Orders updated 29 Sep 22 [pdf, 276 KB]

   ...an application under s45 of the Mental Health (Compulsory Assessment and Treatment) Act 1992 or s29 of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 • reporting to and invoicing Legal Aid Services. Consideration of Judgment/ Order(s) * $210 For • receiving and considering Judgment/ Order(s) • advising client on implementation of Judgment/ Order(s) • reporting to and invoicing Legal Aid Services. Additional Factors – Defended Hearing(s)...

10. [2020] NZEnvC 139 Flax Trust v Queenstown Lakes District Council [pdf, 298 KB]

    ...fact- finding function in appeals under the RMA so I consider that assertion no further. Counsel’s other points are correct: that this was an application for retrospective consent to authorise unlawful behaviour; and a theme of the court’s judgment is that there are no absolute winners in this case. Failure of duty as consent authority [19] Mr Page submits18 there was a “complete systematic failure” by the Council when