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1. BN & MN v Hakaoro [2013] NZIACDT 64 (20 September 2013) [pdf, 118 KB]

   ...financial position is accurately stated. However, given that I do not consider the monetary orders are affected, it is not a relevant consideration for the Tribunal. The issues would be ones for the Official Assignee if Mr Hakaoro does not have the resources to meet the orders. Costs and expenses [38] Pursuant to section 51(1)(g) the Tribunal may make an order that a adviser pay the costs or expenses of investigation, inquiry, hearing and any related prosecution. [39] This is a somewh...

2. Waitangi Tribunal Wai 2540 2.5.4 Department of Corrections and Reoffending Prisoners Claim [pdf, 605 KB]

   ...inquiry programme. There are a number of strategic and operational initiatives underway and time is required for these initiatives to be developed, implemented, monitored and assessed. Participation in an inquiry would divert organisational focus and resources away from the progressing of substantive initiatives to address Maori overrepresentation and reoffending. 24. Finally the Crown submits that there is no imminent event that will irrevocably affect the ability of the Crown to contin...

3. [2017] NZEnvC 022 J Lenihan & Others v Auckland Council [pdf, 314 KB]

   ...Panel on the proposed Auckland Unitary Plan J LENIHAN THE PUHOI COMMUNITY FORUM INCORPORATED B FRIZZELL WT COLGAN, B STEPHENS, S GAVIN and MWECK Proposed Appellants AUCKLAND COUNCIL Proposed Respondent In Chambers: - under s279 of the Resource Management Act 1991 DECISION - PRELIMINARY JURISDICTION ISSUES . 0 ." u 2011 Decision issued: Z '" I:. D Introduction [1] The issue to be resolved in this preliminary application by the Auckland Council is wheth...

4. AR v VE LCRO 334/2012 (10 August 2015) [pdf, 114 KB]

   ...adjudication proceedings, to seek to persuade the court that a workable proposal can be structured which will provide some comfort to the creditor. It is a common backdrop to these negotiations that a debtor will seek time to marshal the necessary resources to enable a realistic proposal to be put before the court. [29] Underpinning the court and the creditors concerns when considering the viability of proposals on offer, is concern to ensure that offers of settlement are not bei...

5. Notes of Crown Maori Relations focus group with Constitutional and Legal experts 20 March 2018 [pdf, 540 KB]

   ...could provide the beginning of an agenda. This could usefully identify what really needs to be addressed, which may not be obvious, the practice for so long now has been to respond to crises. • Fundamental reforms of the 1980s involving the Resource Management Act, the Local Government Act and the State Sector Act were noted as being effective in establishing a constructive environment for the Crown-Māori relationship. That approach could be revisited. Some changes might nee...

6. BORA Kermadec Ocean Sanctuary Bill [pdf, 231 KB]

   ...preserve marine life and the environment in the Sanctuary for the greater public good. The strict liability defences mirror the statutory defences in the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 and s341A of the Resource Management Act 1999. The new offences are in proportion to the importance of the objective, as without the offences there would be a higher likelihood that people would continue to do damage to the environment and marine life of th...

7. [2016] NZSAAA 02 (28 July 2016) [pdf, 220 KB]

   ...[8] In mid-June the appellant sought to review this decision, emphasising her estrangement from her father and her continuing inability to get him to declare his income or sign the Parent’s Form and detailing her lack of any other financial resources to fund her study. In early July the Secretary upheld StudyLink’s decision, finding that StudyLink was correct both in its conclusion that the appellant’s father should be excluded from the parental income calculation, and that her...

8. LCRO 245/2014 and 156/2015 TM v BS and Law Firm A (15 August 2017) [pdf, 146 KB]

   ...of Appeal. Under s 20(b) that would not have been enough to invalidate the notice. [39] The Associate Judge clearly did not express any view that the Court had been misled and Mr TM’s argument is without merit. [40] This Office has limited resources which should not be expended upon reviews that lack merit. Mr TM is on notice that if this issue comes before this Office in any form in the future it is likely that costs will be awarded against him.18 LCRO 156/2015 [41] The co...

9. LCRO 113/2013 AB v EF (3 August 2017) [pdf, 145 KB]

   ...had applied his mind to the question to be decided could have arrived at it”.5 In this regard he refers to the Wednesbury test for unreasonableness.6 [15] Mr AB is not specific as to his grounds for review, noting that he did “not have the resources currently or the time with recent severe illness to direct the LCRO to individual paragraphs from [his] complaint”.7 [16] His lack of specificity would justify a decision from this Office that is brief. In addition, Mr AB did no...

10. [2019] NZEmpC 63 Auckland Council v Drought [pdf, 279 KB]

    ...however, be restrained in deciding whether to hear a moot challenge. The reasons for this are, first, the importance of the adversarial nature of the process of determining appeals or challenges; second, the need for economy in the use of limited resources of the courts; and third, the responsibility of the courts to show proper sensitivity to their role in our system of Government. In general, advisory opinions are not appropriate.13 For these reasons, a decision to hear a moot ch...