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1. LCRO 27/2024 VF v SR and BR (23 May 2025) [pdf, 180 KB]

   ...papers. Nature and scope of review [46] The High Court has described a review by this Office in the following way:16 16 Deliu v Connell [2016] NZHC 361, [2016] NZAR 475 at [2]. 8 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determination are entitled to a review based on the LCRO’s own opinion rather than on deference to the view of the Committee. A review by the LCRO is informal, inquisitorial and robust. It invo...

2. OIA-120507.pdf [pdf, 1 MB]

   ...separate occasions within a 12-month period.1 When does lawful protest action become unlawful behaviour? 9. The question of whether a particular protest is lawful will depend on the circumstances. 10. In Brooker v Police, the Supreme Court considered an appeal by a person who had been convicted of disorderly behaviour under the Summary Offences Act 1981 after publicly protesting in the street outside a police constable’s house. The majority found that:2 10.1. circumstances relevant to wh...

3. Evaluation of Victim Support’s Homicide Caseworker Support Service [pdf, 790 KB]

   ...a preference that the CVA liaised with the FSW rather than directly with the family. It was important that CVAs and FSWs consulted with each when it was necessary to impart difficult information for example when a convicted offender decided to appeal a case or sentence. 39 The two roles had specific areas of expertise, for example CVAs were well versed in the meaning of court processes and regulations and would advise FSWs when asked. FSWs were specialists in homicide suppo...

4. [2015] NZEnvC 191 Tram Lease v Auckland Transport and Auckland Council [pdf, 2.9 MB]

   BEFORE THE ENVIRONMENT COURT Decision No. [2015] NZEnvC lq \ IN THE MATTER of 6 appeals under Section 174 of the Resource Management Act 1991 (the Act) BETWEEN AND AND TRAM LEASE LIMITED (ENV -2014-AKL-000057) First Appellants SAMSON CORPORATION LIMITED AND STERLING NOMINEES LIMITED (ENV-2014-AKL-000055) Second Appellant MEDIA WORKS HOLDINGS LIMITED (ENV-2014-AKL-000058) Third Appellant STAMFORD PLAZA AUCKLAND (ENV-2014-AKL-000059) Fourth Appellant THE...

5. MLC 2017 11 National Panui [pdf, 337 KB]

   ...Warren St, Hastings Tuesday 7 November 2017 Judge S T A Milroy (Presiding) with Judge S F Reeves and Judge M P Armstrong Applications for Hearing PANUI NO: TIME: APPLICATION NO: SECTION: APPLICANT: SUBJECT: A1 10:00AM A20170004176 58/93 Wero Karena Appeal 2017/13 - Omahu 4C Section 6 - and an order for confi rmation of alienation made at 56 Takitimu 233-237(8 February 2017) - Notice of Appeal (Respondents: Douglas Whitefi eld and Mark Alexander) At Hamilton | Mäori Land Court, Level...

6. [2024] NZEnvC 237 Mangawhai Matters Incorporated v Kaipara District Council [pdf, 1.6 MB]

   Mangawhai Matters Incorporated v Kaipara District Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2024] NZEnvC 237 IN THE MATTER OF an appeal under clause 14 of the First Schedule of the Resource Management Act 1991 BETWEEN MANGAWHAI MATTERS INCORPORATED (ENV-2024-AKL-187) Appellant AND KAIPARA DISTRICT COUNCIL Respondent AND THE RISE LIMITED Applicant Court: Environment Judge J A Smith sitting al...

7. Guide for Policy and Legal Advisors

   ...conditions as the prosecution the right, if convicted of an offence in respect of which the penalty has been varied between the commission of the offence and sentencing, to the benefit of the lesser penalty the right, if convicted of the offence, to appeal according to law to a higher court against the conviction or against the sentence or against both the right, in the case of a child, to be dealt with in a manner that takes account of the child's age. These rights only affect what should hap...

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   2. Constitutional issues & human rights >
   3. The Bill of Rights Act

8. [2017] NZEmpC 51 E Tu Inc v New Zealand Transport Agency [pdf, 211 KB]

   ...their words to mean, or what their negotiating stance was at any particular time, is irrelevant. 8 (footnotes omitted) [38] There is a further point which should be emphasised for the purposes of this case. In Silver Fern Farms, the Court of Appeal referred to the approach adopted at first instance by Judge Shaw, when she was required to consider apparent 7 Tertiary Education Union v Vice-Chancellor, University of Auckland [2015...

9. [2015] NZEmpC 164 Wellington Free Ambulance Service Inc v Austing Anor [pdf, 143 KB]

   ...convenience favours the making of the order sought; and (c) In considering all matters, the overall justice favours the making of the orders sought. [10] In the recent decision of NZ Tax Refunds Ltd v Brooks Homes Limited, the Court of Appeal confirmed the approach in these terms: 2 The approach to an application for an interim injunction is well established. The applicant must first establish that there is a serious question to be tried or, put another way, that the...

10. Gay v Tupara-Katu - Succession to Boy Kapua [2021] Chief Judge's MB 1120 (2021 CJ 1120) [pdf, 292 KB]

    ...that standard’s inherent flexibility that takes into account the nature and gravity of the matter at issue.5 This means that the applicant must establish on the balance of probabilities that there was a mistake or omission. [23] The Court of Appeal has recently confirmed that the power under s 44(1) falls into two parts:6 The first is an evaluative decision as to whether the order made was “erroneous in fact and law because of any mistake or omission on the part of the cou...