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1. BORA Criminal Procedure Bill [pdf, 88 KB]

   ...building block of the criminal justice process and a basic safeguard of civil liberty in our legal system. The fundamental purpose of the double jeopardy rule is to protect individuals against the excessive use of state power: the state, with all its resources and powers, should not be allowed to continually subject an individual to repressive and repeated prosecutions by the state. A citizen, once tried, is entitled to the comfort of knowing that once acquitted of an offence that is th...

2. [2009] NZEmpC AC 26/09 Merchant v CE of the Department of Corrections [pdf, 35 KB]

   ...choice and it is appropriate that a successful party be recompensed for the reasonable cost of such representation. Equally, it is open to a party to engage more experienced or skilful counsel than the case might warrant or to devote additional resources to the matter over and above that reasonably required. Where a party chooses to do that, however, it cannot expect to recover from an unsuccessful opponent the additional cost incurred. Having heard this case and thereby having a...

3. ENVC speech Alternative Dispute Resolution 2011 [pdf, 188 KB]

   ...caucusing can proceed much more expeditiously. [9] A significant downside of not practicing these things, is a huge unnecessary cost to the parties, and a slowing of the system. The Government, and many people and corporate entities associated with resource management litigation, and not just before the Environment court, are right to be concerned about these things. [10] It is worth remembering that there are references in the Practice Note of the Environment Court, to these iss...

4. ENVC Hearing 6Oct14 WML evidence chief Brett Black [pdf, 58 KB]

   Before the Environment Court at Auckland ENV-2013-AKL-000174 In the Matter of the Resource Management Act 1991 And In the Matter of Notice of Motion under Section 87G requesting the granting of resource consents to Waiheke Marinas Limited to establish a Marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf Evidence of Brett Alexander Black on behalf of Waiheke Marinas Ltd Dated 29 April 2014 Richard Braba...

5. K v N [2013] NZREADT 111 [pdf, 91 KB]

   ...Committee’s findings was not ‘real estate agency’ work as defined by the Act. He denies any conflict of interest. Mr Ks evidence: [11] Mr Ks evidence is that it was impossible to progress the development when Mr N was not helping by completing the resource consent and working with E Construction to finalise the draft estimate of costs. [12] Mr K details in his Brief of Evidence the steps he took to find a purchaser. He said however that because the construction costs and re...

6. ENVC Hearing 27Jul15 WML suppl evidence Mark Poynter [pdf, 681 KB]

   1 WML Poynter Ecology Evidence Final v 1.0 22062015 Before the Environment Court at Auckland ENV-2013-AKL-000174 In the Matter of the Resource Management Act 1991 And In the Matter of Notice of Motion under Section 87G requesting the granting of resource consents to Waiheke Marinas Limited to establish a Marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf Supplementary Evidence of Mark Raymond Poynter on behalf of Waiheke Marinas Ltd Dated 22 June 20...

7. Wai 2180 Taihape inquiry newsletter 3 June 2016 [pdf, 1 MB]

   ...Fisher and Bruce Stirling CFRT #A6 Southern block history Terry Hearn CFRT #A7 Central block history Evald Subasic and Bruce Stirling CFRT #A8 Public works takings for defence and other purposes Philip Cleaver WTU #A9 Environment and resource management, wāhi tapu and portable taonga (scoping) Michael Belgrave et al. CFRT #A10 Tribal landscape Tony Walzl CFRT #A12 Economic development and social service delivery (scoping) Philip Cleaver WTU #A14 Māori land reten...

8. [2017] NZSAAA 04 (10 October 2017) [pdf, 232 KB]

   ...of Social Development “since 2010”. It is somewhat unclear from her submissions what she means by this, but it appears that what she is saying is she has suffered injury in this particular at least by being denied access to education and other resources by a discriminatory process related to her status. [14] Finally, she also describes the review process to which she has been subjected as unfair: “… the Ministry of Social Development decision to: (a) Review a decision that...

9. [2017] NZEnvC 082 PowerCo Limited v Thames-Coromandel District Council [pdf, 933 KB]

   BEFORE THE ENVIRONMENT COURT IN THE MATTER AND BETWEEN AND Decision No. [2017] NZEnvC c... '(')2 of the Resource Management Act 1991 of an appeal under Clause 14 of the First Schedule to the Act POWERCO LIMITED (ENV-2016-AKL-000123) Appellant THAMES-COROMANDEL DISTRICT COUNCIL Respondent Environment Judge D A Kirkpatrick sitting alone under s 279 of the Act Date of Decision: 1 if ,J tl N 2017 Date of Issue: DETERMINATION A: The appeal is allowed su...

10. [2017] NZEnvC 082 PowerCo Limited v Thames Coromandel District Council [pdf, 933 KB]

    BEFORE THE ENVIRONMENT COURT IN THE MATTER AND BETWEEN AND Decision No. [2017] NZEnvC c... '(')2 of the Resource Management Act 1991 of an appeal under Clause 14 of the First Schedule to the Act POWERCO LIMITED (ENV-2016-AKL-000123) Appellant THAMES-COROMANDEL DISTRICT COUNCIL Respondent Environment Judge D A Kirkpatrick sitting alone under s 279 of the Act Date of Decision: 1 if ,J tl N 2017 Date of Issue: DETERMINATION A: The appeal is allowed su...