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1. Proactive Release - Amendments to the Criminal Proceeds (Recovery) Act 2009 [pdf, 2.7 MB]

   ...commitments 16. The proposed amendments contribute to fulfilling the government’s election manifesto commitment to “keep up the pressure on tackling organised crime, gangs, and harmful drug use by ensuring Police and other enforcement agencies have the resources and powers to disrupt and prosecute this offending, seize the proceeds of crime, and hold to account the ringleaders of organised crime networks.”8 17. CPRA is part of a significant cross-government programme of work to p...

2. OIA-119799.pdf [pdf, 4.2 MB]

   ...11. There have also been several high-profile incidents where Police have advised members of the public who have detained alleged or would-be offenders to release them, which seems to have added to the confusion.3 Concerns about safety and Police resourcing appear to have been relevant factors in these instances. 12. The NZSA has called for greater clarification about the current protections available under the Crimes Act 1961 (Crimes Act) and for new powers.4 You have established a M...

3. OIA-120238.pdf [pdf, 4.2 MB]

   ...11. There have also been several high-profile incidents where Police have advised members of the public who have detained alleged or would-be offenders to release them, which seems to have added to the confusion.3 Concerns about safety and Police resourcing appear to have been relevant factors in these instances. 12. The NZSA has called for greater clarification about the current protections available under the Crimes Act 1961 (Crimes Act) and for new powers.4 You have established a M...

4. CAC20002 v Lloyd [2012] NZREADT 77 [pdf, 73 KB]

   ...the document his actions could not give rise to any charge under the Act. Accordingly this charge should be struck-out. 2 [3] A similar application is made for Charge 2. Charge 2 is an allegation of misrepresentation as to whether or not resource consent had been granted for the property. Mr Weymouth submits that this allegation could never be described as serious negligence or disgraceful conduct under s 73(a). He submits that the most it could amount to would be unsatisfac...

5. Te Rongomau v Nikau - Whangape Parish Lot 23B (2011) 28 Waikato Maniapoto MB 95 (28 WMN 95) [pdf, 81 KB]

   ...invoices were rendered on a concessionary basis; b) The proceedings were conducted in a manner similar to that of the ordinary courts; c) The respondent’s conduct warrants a higher contribution due to her inappropriate use of Court time and resources and the filing of voluminous, inadequate and irrelevant material. [5] The respondent opposes the application for costs on the following grounds: a) The Court’s decision of 17 June 2011 did not suggest that the respondent had act...

6. Rogers v Stirling - Taungaure No.2 (2011) 39 Waiariki MB 297 (39 WAR 297) [pdf, 88 KB]

   ...given the history of the case and the clear agreements that were concluded, Mr Stirling and his whanau should receive full recovery of their legal costs. He also submitted that: “My understanding is that there is a fund available from the resources of the Maori Land Court for the satisfaction of any Court order made as to costs. It would be my urging that at least a substantial proportion, if not all, of the costs awarded be made against such a fund.” [3] Mr Peterson has la...

7. ENV-2016-AKL-000187 England Spring Street Residents v Auckland Council [pdf, 1.6 MB]

   BEFORE THE ENVIRONMENT COURT IN THE MATTER AND BETWEEN AND of the Local Government (Auckland Transitional Provisions) Act 2010 (HLGATPA") and the Resource Management Act 1991 (HRMA") of an appeal under section 156(1) of the LGATPA LYNNE BUTLER, PAUL GREGORY, THE TRUSTEES OF THE GUNN FAMILY TRUST, LYDIA HEWITT, TREVOR LUND AND ANGELA SAUNDERS (THE ENGLAND AND SPRING STREET RESIDENTS) ENV-2016-AKL-000187 Appellants AUCKLAND COUNCIL Respondent Pr...

8. Singla v IAA [2018] NZIACDT 15 (8 June 2018) [pdf, 191 KB]

   ...role is discussed in Brierley Investments Ltd v Bouzaid [1993] 3 NZLR 655 by the Court of Appeal. That case concerned the Commissioner of Inland Revenue, but makes the relevant observation that an official in this position must take account of resources and selectively make decisions on what matters to pursue. [20] The Registrar was not required to undertake an exhaustive examination of any potential evidence. She reached the view that the appellant’s complaint lacked evidence...

9. Notes of Crown Maori Relations hui in Kaitaia 7 April 2018 [pdf, 403 KB]

   ...settlement and the Kermadecs proposal, agencies not understanding their obligations) • Enabling Māori – Māori should be enabled to implement their own solutions to issues affecting their whānau. Hui participants expressed the view that Māori are resource rich, but that they need support to realise their potential. Enabling greater decision making at hapū level (e.g. through the RMA). The hui heard strongly from participants that whānau/hapū don’t want to just participat...

10. Kool v Joyce - Tapui Residue (2016) 143 Taitokerau MB 145 (143 TTK 145) [pdf, 170 KB]

    ...interim injunction is not granted Mr Joyce will continue to 4 Wellington International Airport Ltd v Air New Zealand Ltd HC Wellington CIV-2007-485-1756, 30 July 2008 and Cayne v Global Natural Resources PLC [1984] 1 All ER 225. 143 Taitokerau MB 149 undertake work on the block. Such work may cause further damage to the block affecting Mr Kool’s interests as an owner. [20] Mr Joyce has not argued that he will suffer any pr...