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1. Williamson v Hutana - Estate of Te Whe Ariki Hutana nee Karaitiana (2019) 57 Te Waipounamu MB 90 (57 TWP 90) [pdf, 269 KB]

   ...withdraw as counsel in the lower Court proceedings. [13] Mr Pou remains on the record for the appeal and has not to this point been granted leave to withdraw by the Chief Judge. For this reason, he made brief submissions by email 8 July 2019 in response to those filed on behalf of Mr Reginald Hutana. Mr Pou submits that the submissions filed for Mr Reginald Hutana fail to address the key issue which is whether the interests of justice and the parties would best be served by completin...

2. [2019] NZEnvC 130 New Zealand Association of Radio Transmitters Incorporated v Kapiti Coast District Council [pdf, 4.9 MB]

   ...against the amateur radio provisions of the Proposed District Plan (PDP) in January 2019. At the hearing, Ms Thomson (KCDC's planning witness) advised that she supported a number of the amendments being sought by the Appellants. Later, in response to a pre-hearing request from the Court for clarification on some aspects of the permitted activity standards, the Council provided a further version of the standards to the Court. [2] The Court issued its decision on 13 March 2019 an...

3. LCRO 2/2017 RR and SS Trust v QQ, WW, EE, GG, TT, YY, UU, OO, PP, ZZ, FF and DD (3 December 2019) [pdf, 70 KB]

   ...[18] The interests of consumers and members of the public, in the form of affected investors who have not registered concern, is better protected than it would have been if there had been no complaint by Mr RR, and no report had been prepared in response to that complaint. [19] Importantly, the substance of Mr RR’ complaint on behalf of the Trust has been addressed by the Committee and the LCRO. If other investors wish to advance complaints about their own involvement with the no...

4. Auckland Standards Committee 1 v Pomeroy [2019] NZLCDT 27 [pdf, 136 KB]

   ...alternative with unsatisfactory conduct pursuant to s 12(b) and/or s 12(c) of the Act. [2] The charge and particulars are annexed as Appendix 1. [3] The respondent did not formally deny the charge prior to hearing nor was any evidence filed in response to the charge. [4] The matter came before the Tribunal for hearing on 26 September 2019, at which time the respondent appeared in person and admitted the facts set out in support of the charge. [5] The respondent discussed with th...

5. [2020] NZEnvC 010 Property Seven Limited v Western Bay of Plenty District Council [pdf, 261 KB]

   ...mediation and expert caucusing. vi) The appellant has instructed its planning and geotechnical experts to progress further work to enable potential settlement of the appeal. [11] The respondent has filed a memorandum dated 1 0 February 2020 in response to that notice of opposition. It notes that the late notices under s 27 4 RMA were filed between 12 and 19 working days late. Counsel refers to the Court's decisions in Roya/bum Farming Co. Ltd v Queenstown Lakes District Council...

6. Proactive release - Cannabis Referendum Order 2020 and End of Life Choice Referendum Order 2020 [pdf, 1.5 MB]

   ...The referendum question must be set out in the Order 6. The Referendums Framework Act also requires that the Orders in Council specify the wording of the question and the two options for which voters may vote in the referendum. 7. The question and response options for the referendum on the commencement of the End of Life Choice Act is set out in section 2 of that Act as follows: Do you support the End of Life Choice Act 2019 coming into force? Yes, I support the End of Life Choice Act 2019...

7. FAQs for Youth Court Professionals at COVID-19 Alert Level 3 [pdf, 129 KB]

   ...slowly than a normal courtroom pace and speak as clearly as possible. • Note that audio cues are more important in a remote context – If your remarks are addressed to a particular person, identify them and audibly signal when you expect a response. Q: Are support people allowed to attend Court during Level 3? Yes – support persons for young people are allowed to attend court, and should apply using the same process as under Level 4. Q: Can victims attend hearings d...

8. [2020] NZEnvC 026 Burgoyne v Northland Regional Council [pdf, 98 KB]

   ...Cost Applications [4] Although this Courts final Decision on conditions in August suggested no application for costs had been made, this was not correct. [5] In fact, on 9 April, Mr Burgoyne filed a claim for Costs with an accompanying email. A response had been received from the solicitors for the Regional Council opposing any Order of Costs against them and an Application for Costs was made by the Motutangi-Waiharara Water Users Group on 26 April. Resolution of High Court Appeal...

9. Further memorandum in respect of Strike Out Application of Guardians of the Bay and Hue te Haka (16 November 18) [pdf, 1.3 MB]

   ...of them onto the Court’s website. 4. In addition, GotB has received some relevant information from the Civil Aviation Authority (“CAA”) relevant to the timing of any further adjournment, if the proceedings are not struck out. This was in response to an information request made to CAA, which had to be referred to the Ombudsman for any progress to be made. Of significance for these proceedings is that the cover letter accompanying the information made available states (emphasis...

10. LCRO 141/2017 NS v RG and SM (12 October 2018) [pdf, 94 KB]

    ...material than was before the Committee. [28] In a letter to the parties from this Office, Mr Vaughan indicated that the likely outcome of this Review was that the complaint would be returned to the Complaints Service to reconsider. In his response, dated 10 August 2018, Mr SM said in the closing paragraph: … we are comfortable with the matter being returned to the Committee at which time we will make full submissions in respect of the matter. [29] Ms NS’ complaint must be...