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1. ASC Annual Report 2017 [pdf, 1.5 MB]

   ...believes could be improved. Progress on any legislative changes is now in the hands of Parliament. The ASC hopes Parliament will give due regard to the opinions previously expressed by the ASC regarding the significant waste of time and financial resources spent over the last decade on defending court proceedings. Costs associated with previous litigation totalled $470,359.49 to date with only $84,351.43 recovered by way of awarded costs paid by the plaintiff. At the time of pre...

2. Faulkner v Hoete - Motiti North C No 1 [2018] Māori Appellate Court MB 17 (2018 APPEAL 17) [pdf, 291 KB]

   ...District Plan but from their rights as owners. Does the Court have jurisdiction to grant an injunction to enforce the District Plan? [42] Mr Sharp contends planning disputes concerning Māori land should be left to the process provided in the Resource Management Act 1991. He submits enforcement is for the territorial authority or the Environment Court and Judge Clark exceeded his jurisdiction granting an injunction in this case. [43] We accept it is not the role of the Māori Land...

3. LCRO 178-2016 KO v RT [pdf, 262 KB]

   ...“respond … in writing” in respect of which “an email would have been sufficient”.2 [12] The Committee added that Mr KO’s:3 failure to respond … or to ensure that a response was received by Mr RT … wasted [Mr RT’s] time and resources pursuing documents that Mr KO and [the firm] clearly did not have. [13] The Committee similarly found that Mr KO did not acknowledge receipt of the 5 March 2015 Notice to Deliver Documents. However, because an adverse finding had...

4. IPT Annual Report 2016 [pdf, 867 KB]

   ...decline was the result of a concerted effort to reduce the backlog in this stream. The rise in the percentage of refugee and protection appeals (by 6%) was primarily the result of the decrease in the percentage of residence appeals, and extra resources have been devoted to this stream in the coming year. There was also a rise in the percentage of appeals lodged (by 5%) where deportation liability has been suspended by the Minister. The trend so far is for these appeals to be with...

5. Kupenga - Waitakaro B Māori Reservation (2006) 72 Ruatoria MB 184 (72 RUA 184) [pdf, 891 KB]

   ...Registrar for the delay as the one-month timeframe would have been met had the file been referred as soon as the minutes had been signed off. Findings of Fact [35] The Court is satisfied that subject to Gisborne District Council building and resource consent procedures, it is a site suitable for residential purposes. I find this way because both Mrs Walker and Mrs Merekaraka Ngarimu (nee Rangi) explained that when they were young there were dwellings on the block around the meeting...

6. Pouakani Claims Trust v Tuaropaki A Trust - Pouakani Claims Trust (2006) 83 Taupo MB 155 (83 TPO 155) [pdf, 663 KB]

   ...the timetables of the Court and the lay members, not once but three times. In this context, the authority cited by Mr Webster, Holden v Architectural Finishes Limited 10 PRNZ 675 at 680 is celiainly apposite: "Court time is a valuable public resource. Jt is expensive and in short supply. It always has been, and I fear it always will be. As a matter of public interest, Court time must not be wasted. There should be corresponding disincentives to unwarranted proceedings, or elements...

7. Hunter - Harataunga East 2B2B1 and 2D2 (2004) 106 Hauraki 128 (106 H 128) [pdf, 963 KB]

   ...Court case was discontinued when the Hunters gained access to the road by obtaining a Roadway Order over Harataunga 2E in 1983. In 1995 the Hunters began their aquaculture operation. In developing the block for aquaculture the Hunters obtained a resource consent to take seawater for the purposes of the farm. The Hunters then laid two pipes under the south-eastern boundary of 202, in the same place where they gained access to the beach. When the marine farming operation expanded...

8. [2016] NZEmpC 109 Dotcom v Orduna [pdf, 148 KB]

   ...inability to meet the legal expenses of this proceeding. [36] As to necessity, Mr Dotcom says that disclosure would unnecessarily expand the scope of the hearing, causing unnecessary delay and expense to the parties, would be wasteful of judicial resources and out of all proportion to any relevance which is itself denied. [37] As to Mr Dotcom’s allegation that disclosure of these documents would be injurious to the public interest, he says that it would be in breach of the rights...

9. Waitangi Tribunal Hearing Calendar (24 June 2019) [pdf, 473 KB]

   ...Burke, C; Miller, S & Woodley, S 2 Wai 814/Wai 1489 Mangatū Remedies - Panel Members: Judge Milroy; Roa, T; Castle, T; & Parsonson, A Staff: Morgan, J; Siameja, N; Boxall, B & Small, F 3 Wai 2358 - The National Fresh Water and Geothermal Resources – Panel: Chief Judge Isaac; Crosby, R; Anderson, R; Phillipson, G; & Temara, P / Staff: Cameron, J; Vaafusuaga, T; Moko-Mead, H; & Burke, C 4 Wai 2522 - The Trans-Pacific Partnership Agreement – Panel Members: Judge Doogan;...

10. Karetai v Sollart - Estate of George Grey Huriwai te Ruatukihiki Karetai [2018] Chief Judge's MB 219 (2018 CJ 219) [pdf, 566 KB]

    ...feels unable to make a decision in this matter I believe a DNA test will certainly settle it. I fail to see how this would cause stress to David it requires only a simple blood sample and would stop any further wasting of the Court’s time and resources. I urge the Court to request this quickly while my mother is still in good health.” [18] Maarea futher claimed that she did not intend to mislead the Court when she applied for succession in 2006. She states “I expressed the...