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1. Rihari v Auckland - Takou (2021) 240 Taitokerau MB 42 (240 TTK 42) [pdf, 309 KB]

   ...whether the trustee had carried out his or her duties satisfactorily in an objective sense before deciding whether to exercise my discretion concerning removal.9 9 Taurua v Harawira – Te Tii Waitangi A [2017] Māori Appellate Court MB 328 (2017 APPEAL 328) at [13]. 240 Taitokerau MB 48 [27] The amended s 240 states: 240 Removal of trustee (1) The court may at any time, in respect of any trustee of a trust to which this Part applies, make an order for the removal of...

2. LCRO 107/2023 NC v PJ (30 November 2023) [pdf, 209 KB]

   ...review generally [30] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:3 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for tha...

3. LCRO 104/2017 CH v SL (16 December 2019) [pdf, 167 KB]

   ...scope of review [40] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:14 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for tha...

4. [2020] NZEnvC 165 Taranaki Energy Watch Incorporated v South Taranaki District Council.pdf [pdf, 7.8 MB]

   BEFORE THE ENVIRONMENT COURT AT CHRISTCHURCH I MUA I TE KOTI TAIAO O AOTEAROA Kl OTAUTAHI IN THE MATTER AND BETWEEN AND Decision No [2020] NZEnvC 165 of the Resource Management Act 1991 of an appeal under clause 14 of the First Schedule of the Act TARANAKI ENERGY WATCH INCORPORATED (ENV-2016-WLG-80) Appellant SOUTH TARANAKI DISTRICT COUNCIL Court: Respondent Environment Judge J E Borthwick Environment Commissioner J A Hodges Environment Commissioner J T Baine...

5. [2022] NZEnvC 245 Upper Clutha Environmental Society Incorporated v Queenstown Lakes District Council [pdf, 255 KB]

   ...– PDP – TOPIC 18 UCESI & ORS v QLDC – SECOND INTERIM DECISION IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2022] NZEnvC 245 IN THE MATTER of the Resource Management Act 1991 AND appeals under clause 14 of the First Schedule of the Act BETWEEN UPPER CLUTHA ENVIRONMENTAL SOCIETY INCORPORATED AND OTHERS (ENV-2018-CHC-56) (and all the appellants allocated to Topic 18) Appellants AND QUEENSTOWN LAKES DISTRICT CO...

6. 8 October 2024 MEP King Shag & IBA Preliminiary Issue [pdf, 314 KB]

   ...Nelson Haven & Tasman Bay (Inc) v Marlborough District Council The Royal Forest and Bird Protection Society of New Zealand Incorporated v Marlborough District Council Environmental Defence Society Incorporated v Marlborough District Council Appeal By Submitter On Proposed Policy Statement Or Plan pursuant to Clause 14 of the First Schedule of the Resource Management Act 1991 Appeal By Submitter On Proposed Policy Statement Or Plan pursuant to Clause 14 of the First Schedu...

7. LCRO 63/2024 WL v AC and TU (25 November 2024) [pdf, 205 KB]

   ...scope of review [65] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:2 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

8. [2025] NZEmpC 10  DQJ v The Commissioner of Inland Revenue [pdf, 267 KB]

   ...(a) whether there is a serious question to be tried in relation to the claim of unjustified dismissal; and, if so, (b) whether there is a serious question to be tried in relation to the claim of permanent reinstatement. [7] As the Court of Appeal made clear in NZ Tax Refunds Ltd v Brooks Homes Ltd, a serious question to be tried is one that is not vexatious and frivolous.6 Once that (relatively low) threshold is overcome, the merits of the case (insofar as they can be ascertain...

9. Cummings v KAM Transport Limited [2025] NZHRRT 8 [pdf, 276 KB]

   ...may result in significant damage to the privacy interests of an individual.5 [23] What those “certain circumstances” might be, however, is yet to be addressed in case law under the PA. We note that in Peters v Attorney-General, the Court of Appeal considered disclosures within an agency would not sensibly attract liability for breach of privacy in tort in circumstances where the personal information had been lawfully received by the agency, disclosures were made in good faith...

10. 2016 archive

    ...sexual violation cases where more than two complainants allege a sexual violation offence against the aided person are now an automatic inclusion criteria the case plan has been shortened, questions are clearer and more relevant a new case plan for HCC appeal cases has been developed. The HCC webpage has been updated to reflect these changes From 1 April 2016 all new cases entering into the HCC framework should use the updated case plans. It is not mandatory to transition existing cases on to...

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