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1. Engelbrecht TRI-2020-100-007 Procedural Order 6 [pdf, 185 KB]

   ...[1984] 2 NZLR 548 (HC) at 593–595; Hermann v Martin [2020] NZHC 688 at [39]. 11 Morton, above n 10. 12 Trevor Ivory Ltd v Anderson [1992] 2 NZLR 517 (CA) at 527. 13 Hsu v Mahoney [2021] NZHC 1611 at [186]–[194], relying on the Court of Appeal in Body Corporate 202254 v Taylor [2008] NZCA 317, [2009] 2 NZLR 17. 14 At [203] (footnote omitted). 6 designed by Paul Maurice Foley (Mr Foley), the fourth respondent, possibly on behalf of Paul Foley Design Ltd (PFDL). The...

2. [2018] NZEnvC 126 The Wellington Company Limited v Save Erskine College Trust [pdf, 4.9 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND IN THE MATTER BETWEEN AND AND Decision No. [2018] NZEnvC i" to of the Resource Management Act 1991 ("RMA") of an appeal under s 195 RMA THE WELLINGTON COMPANY LIMITED ("TWCll)) (ENV-2017 -WlG-000038) Appellant THE SAVE ERSKINE COllEGE TRUST ("SECT") Respondent HERITAGE NEW ZEALAND POUHERE TAONGA ("HNZPT") Section 274 RMA Party Court: Pr...

3. Statistical bulletin: An overview of conviction and sentencing statistics in New Zealand 1999 to 2008 [pdf, 759 KB]

   ...1 The data used in this report was extracted from the Justice Data Warehouse on 25 May 2009. 2 www.stats.govt.nz/products-and-services/table-builder 3 This diagram does not include appeal or review processes. 3 . Prosecution outcomes This section reports on the outcomes of all charges prosecuted within the New Zealand criminal court system in 2008, and during the 1999 to 2008 period. Main finding

4. NZBORA Advice COVID19 Public Health Response Extension of Act and Reduction of Powers Amendment Bill updated for publication.pdf [pdf, 232 KB]

   ...occurred without proof of mens rea. The accused is required to prove a defence (on the balance of probabilities), or disprove a presumption, to avoid liability. 62. Although infringement offences do not result in a criminal conviction, the Court of Appeal in Henderson v Director, Land Transport New Zealand held that the rights in sections 24 and 25 of the Bill of Rights Act apply to minor offences dealt with under the infringement notice regime.14 63. We note that infringement off...

5. Brokenshaw - Te Kaha B6X2 (2003) 81 Ōpōtiki MB 18 (81 OPO 18) [pdf, 891 KB]

   ...held previously that under s18(1 ) (a)/93 the Court has power to make a determination as to entitlement or ownership and to follow that by making an order under the appropriate section of the Act so as to give effect to that determination. (See Re An Appeal by Ngahuia Tawhai [1998] NZAR 459,471) What the Maori Land Court should do with such applications is to review and consider the particular circumstances of the case to determine such claims. (See for example Re Okurupatu B4B2A Block (2...

6. Moetara - Pakanae 2Y3A (2014) 88 Taitokerau MB 242 (88 TTK 242) [pdf, 145 KB]

   ...Whānau Trust given that the Whānau Trust is established solely for Hana (and Jack Moetara’s) descendants. 9 Larkins v Wi Kaitaia – Waihou Hutoia D2A [2013] Māori Appellate Court MB 159 (2013 APPEAL 2013). 10 Ibid at [27]. 88 Taitokerau MB 248 [18] The applicants also rely on the significant support in favour of the application both from those entitled to succeed and those who are trustees on the Ahu Whenua Trust...

7. Morpeth v Ramsey LCRO 110 / 2009 (12 November 2009) [pdf, 82 KB]

   ...In a different context see Davis v Witten-Hannah (3/6/94, Cartwright J, HC Auckland CPI 1389/90) where a lawyer was found to have breached fiduciary duties to a woman whom he both acted for professionally and had a relationship with (reported on appeal Witten-Hannah v Davis [1995] 2 NZLR 141; (1996) ANZ ConvR 65). [22] I also observe that Mr Morpeth accepted that Immigration New Zealand were interested in speaking to him because he was Mr Ramsey’s former lawyer and he had dealt...

8. LG v Hakaoro [2013] NZIACDT 23 (03 April 2013) [pdf, 168 KB]

   ...decision. Publication [104] The Tribunal orders the name of the complainant and any information that may identify her will not be published or disclosed, except as necessary to allow the parties to obtain professional assistance and pursue rights of appeal. [105] Subject to the preceding limitation, this decision will be published with the names of the parties after five working days, unless any party applies for orders not to publish any aspect. DATED at WELLINGTON this 3 r...

9. [2015] NZEmpC 208 Caffe Coffee (NZ) Ltd v Farrimond interlocutory [pdf, 130 KB]

   ...and director. [23] I turn now to the issue of protections. In the leading decision as to issues of confidentiality arising in the process of discovery and inspection, Port Nelson Limited v Commerce Commission, 7 the full bench of the Court of Appeal confirmed that in some cases sufficient protection of confidential documents can be given by reason of the conditions which apply to discovered documents – which in the case of this Court are described in reg 51 of the Regulations....

10. [2024] NZEnvC 271 Auckland Council v Sharma [pdf, 321 KB]

    ...[10] In order to make a costs order against a legally aided person, exceptional circumstances must apply. In this case, the Council submits that exceptional circumstances apply. It relies on Laverty v Para Franchising Ltd, where the Court of Appeal held that exceptional circumstances are not limited to that person’s conduct of litigation:8 We would not, however, confine the issue of exceptional circumstances to cases where the aided party’s conduct of the litigation warranted...