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1. International Covenant on Civil and Political Rights - government reply to issues 5th report [pdf, 458 KB]

   ...inconsistent with the Bill of Rights Act. Such declarations are possible under the Human Rights Act in the context of discrimination law. One declaration has been made to date in respect of age discrimination. That decision is currently under appeal. However, once the appeals process has been exhausted, and if the declaration of inconsistency is upheld by the appellate courts, the Government is obliged to make a formal response in Parliament within four months. Question 3. R...

2. [2023] NZEnvC 223 MacFarlane Investments Ltd v Queenstown Lakes District Council [pdf, 490 KB]

   ...Ltd and St Helliers Capital Ltd v Minister for Land Information [2015] NZEnvC 55 at [24]. 7 Under s24(7)(d). 8 Davis v Wanganui City Council (1986) 11 NZTPA 240. 9 Ravji v Wellington Hospital Board PT Wellington W39/89. This was affirmed on appeal by the High Court on other grounds: Ravji v Wellington Hospital Board HC Wellington, AP 75/89, 14 February 1990. 18 Legal submissions for MacFarlane – overview of its case [65] The objector was represented by Mr Matthew Casey K...

3. Appendix One to Cabinet Paper Reforming the Privacy Act 1993 [pdf, 378 KB]

   ...directly to the aggrieved individual on whose behalf the proceedings were brought. Implemented by Privacy Amendment Act 2003 113B Consideration should be given to: (a) establishing a separate panel for additional members of the High Court on appeals from that used by the Complaints Review Tribunal; and/or (b) ceasing to apply section 126 of the Human Rights Act to appeals to the High Court taken in respect of Privacy Act cases; or (c) allowing for additional members to be appoin...

4. Regulatory Impact Statement Review of aspects of the bail system [pdf, 268 KB]

   ...inappropriate for Police to be able to require a bond or surety in a situation where the District Court cannot. The High Court would retain the ability to impose monetary bonds and sureties. May be some fiscal benefits arising from reduced appeals in cases where bail is denied in the District Court, but considered appropriate by the High Court when the availability of a monetary bond or surety is taken into account. The reasons for abolishing monetary bonds and sureties in 198...

5. Le Lievre v Muriwhenua Incorporation - Muriwhenua Incorporation (2016) 123 Taitokerau MB 240 (123 TTK 240) [pdf, 303 KB]

   ...right of exclusive possession has been given. The only intention of the parties that matters is their intention as to substantive rights, not their intention as to legal classification. In Fatac Ltd v Commissioner of Inland Revenue the Court of Appeal quoted with approval the following statement made by Windeyer J in Radaich v Smith: Whether the transaction creates a lease or a licence depends upon intention, only in the sense that it depends upon the nature of the right which...

6. [2017] NZEnvC 058 Hokio Trusts v Manawatu-Wanganui Regional Council [pdf, 4 MB]

   BEFORE THE ENVIRONMENT COURT Court Date of Decision: Date of Issue: IN THE MATTER BETWEEN AND AND Decision: [2017] NZEnvC 58 ENV-2016-WLG-000004 of an appeal under section 120 of the Resource Management Act 1991 HOKIO TRUSTS Appellant MANAWATU-WANGANUI REGIONAL COUNCIL Respondent MANAWATU-WANGANUI REGIONAL COUNCIL Applicant Environment Judge B Dwyer Environment Commissioner I Buchanan Environment Commissioner K Prime 21 April 2017 21 April 2017...

7. LCRO 47/2024 OZ v HD (22 November 2024) [pdf, 277 KB]

   ...scope of review [45] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:5 … 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. Proactive-Release-Prisoner-Voting_FINAL.pdf [pdf, 1.7 MB]

   ...https://www.justice.govt.nz/assets/Documents/Publications/BORA-Electoral-Disqualification-of-Convicted- Prisoners-Amendment-Bill-v2.pdf 54to2p397a 2025-04-11 17:03:11 I N C O N F I D E N C E 4 I N C O N F I D E N C E issued by the High Court in 2015, and upheld by the Court of Appeal in 2017 and the Supreme Court in 2018.5 Waitangi Tribunal - He Aha i Pērā Ai? The Māori Prisoners’ Voting Report 20 In 2018 the Waitangi Tribunal considered three claims that sought t...

9. Horowhenua: The Muaūpoko Priority Report [pdf, 8.4 MB]

   ...258 6 4 Horowhenua 11 : the tribal heartland 264 6 4 1 The partition hearing, 1890 264 6 4 2 First appeals to the Crown for a remedy 265 6 4 3 A rehearing is granted and held, 1890–91 267 6 4 4 Second appeal to the Crown for a remedy, 1891...

10. 2020-12-07 Statement of Evidence of Tom de Pelsemaeker on behalf of the ORC - Appendix C [pdf, 1.4 MB]

    ...minimum flow and allocation limits for some of the larger catchments (e.g. the Taieri, upper Manuherekia, Luggate, and Pomahaka). The most recent of the plan changes (PC5A - Lindis: Integrated water management) was notified in 2013 and is still under appeal in the Environment Court where appellants have disputed its proposed minimum flow limit. 13 Another plan change (PC6A) on water quality became operative in 2014 but also provided for a deferment of the rules for limiting n...