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1. New Zealand Law Society v Hall [2014] NZLCDT 17 [pdf, 72 KB]

   ...assessment. [15] Finally Ms Cull has submitted that the undue publicity attracted to this case has been detrimental to the practitioner and her professional reputation. We consider that unless this is pleaded to support a submission of depletion of resources to the extent where the practitioner cannot afford costs, that it is otherwise not relevant to a costs assessment. Decision [a] We do not consider there ought to be any award of costs pursuant under s.249 in the overall cir...

2. NZ government response to Law Commission report [pdf, 78 KB]

   ...recommendations and report back. Once this work is completed, the Government will form a final view on all of the Law Commission’s recommendations. Because of the significant number of substantive recommendations, this work will take considerable project resources and the timing for the report back and a new Trusts Act will need to be balanced alongside other competing Government priorities. 3 Recommendations 50 and 51....

3. Eaglesome v Department of Corrections (Referral back to Human Rights Commission) [2015] NZHRRT 26 [pdf, 43 KB]

   ...back to the Commission will not contribute constructively to resolving the complaint. [9] As to s 92(1)(b)(ii), proceedings before the Tribunal are plainly intended to be a last resort. Mediation is more efficient, informal and cost-effective. The resources of the Tribunal should not be drawn on unless it can be shown that attempts to resolve the complaint through mediation will be futile. It is to be remembered that the Tribunal sits as a panel of three. Care must be taken to avoid...

4. Byrnes v MSD & Call Centre People (Referral back to Human Rights Commission) [2015] NZHRRT 30 [pdf, 44 KB]

   ...to the Commission will not contribute constructively to resolving the complaint. [10] As to s 92(1)(b)(ii), proceedings before the Tribunal are plainly intended to be a last resort. Mediation is more efficient, informal and cost-effective. The resources of the Tribunal should not be drawn on unless it can be shown that attempts to resolve the complaint through mediation will be futile. It is to be remembered that the Tribunal sits as a panel of three. Care must be taken to avoid unne...

5. BORA Ngāti Manawa and Ngāti Whare Claims Settlement Bill [pdf, 290 KB]

   ...redress, including the ability to purchase certain commercial properties, [2] in settlement of historical claims. The Bill also provides claimants with various associated rights in respect of culturally significant matters, including participation in resource management and related decision- making affecting areas and rivers with which Ngāti Manawa and Ngāti Whare have a special association. Issue under ss 20 and 27(2) 3. Clauses 13 [3] and 143 [4] of the Bill state that the settleme...

6. BORA Arbitration Amendment Bill [pdf, 358 KB]

   ...contained in s 14 of BORA. Confidentiality of information 4. At present the Arbitration Act contains a rule relating to confidentiality of information. This was essentially in response to a finding of the High Court of Australia in Esso Australian Resources Limited v Ploughman (1995) 128 ALR 391 where the High Court declined to follow the decision of the English Court of Appeal in Dolling-Baker v Merrett [1991] 2 All ER 890 and held the confidentiality was not an essential attribute of...

7. BORA Ngāti Apa (North Island) Claims Settlement Bill [pdf, 277 KB]

   ...(North Island) claimants various items of cultural and commercial redress in settlement of historical claims. The Bill also provides claimants with various associated rights in respect of culturally significant matters, including participation in resource management and related decision-making. Issue under ss 20 and 27(2) 3. Clause 13 of the Bill provides the settlement of the historical claims is final and excludes, other than in certain respects, the jurisdiction of the courts, tribun...

8. PAUP Residential Standards Yards/Fences/Walls [pdf, 152 KB]

   BEFORE THE ENVIRONMENT COURT IN THE MATTER AND BETWEEN AND of the Local Government (Auckland Transitional Provisions) Act 2010 ("LGATPA") and the Resource Management Act 1991 ("RMA") of appeals under section 156( 1) of the LGATPA HOUSING NEW ZEALAND CORPORATION ENV-2016-AKL-000236 RYMAN HEALTHCARE LIMITED AND THE RETIREMENT VILLAGE ASSOCIATION OF NEW ZEALAND ENV-2016-AKL-000230 Appellants AUCKLAND COUNCIL Respondent Environment Judge J A Sm...

9. MACA - Application form for groups seeking to engage with the Crown [pdf, 645 KB]

   ...filling in this form, please go to justice.govt.nz/maori-land-treaty or email maca@justice.govt.nz Privacy statement We’ll use the information in this form to process your application, including researching historical information, land records and resource consent information. This form and our research may be: • shared with other government agencies • published on the Ministry of Justice website (as part of our public notification of applications) • given to people requesting...

10. 21 March 2017 Save Wanaka Lakefront Reserve Incorporated v Queenstown Lakes District Council [pdf, 494 KB]

    ...Stoney Creek. Wanaka ENV -2016-344-000004 i. Save Wanaka Lakefront Reserve Incorporated v Queenstown Lakes District Council Applicant: Wanaka Watersports Facility Trust Appeal Against Decision Of Consent Authority pursuant to Section 120 of the Resource Manaqement Act 1991 Court Reference: ENV-2016-CHC-000054 TOPIC: LIST OF PARTIES Appeal against consent decision re the construction of a watersports building on the bank of Lake Wanaka that breaches at Roys Bay Recreation Re...