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1. [2021] NZEnvC 015 BWO Offshore Singapore PTE LTD v The Environmental Protection Authority [pdf, 3.8 MB]

   ...party to proceedings before it to pay to any other party the costs and expenses incurred by the other party that the Court considers reasonable. That is a broad discretion. The Court is guided by a body of general principles developed through case law and summarised in the Court's Practice Note. [18] As with the exercise of any judicial discretion, applications for costs are to be dealt with in a principled manner with no presumption that costs will follow a successful outcom...

2. COVID-19 Public Health Response Bill [pdf, 205 KB]

   ...assembly, freedom of association and freedom of movement 35. Section 16 of the Bill of Rights Act provides that everyone has the right to freedom of peaceful assembly, s 17 that everyone has the right to freedom of association, and s 18(1) that everyone lawfully in New Zealand has the right to freedom of movement and residence in New Zealand. 36. These rights are closely connected, and together they protect core aspects of civil life in New Zealand, enabling people to freely go about t...

3. Owhetu Block Charitable Trust - Lot 1 Deposited Plan 427145 (2015) 98 Taitokerau MB 242 (98 TKT 242) [pdf, 213 KB]

   ...beneficiaries of the Trust shall be: (a) All Maori residing within the Te Waiariki, Ngati Korora, Ngati Taka rohe and the wider community the [Aponymus] tupuna Te Huaki and Tukaiteuru and Te Kahuwhero and Te Uhi (b) Other purposes charitable at law in Aotearoa New Zealand which will benefit Maori generally or the wider community. 1 97 Taitokerau MB 11 (97 TTK 11). 98 Taitokerau MB 244 [5] The Owhetu Charitable Trust i...

4. Waitangi Tribunal - issue 59 of Te Manutukutuku [pdf, 669 KB]

   ...Crown must compensate those who will lose property rights. The Tribunal also found that the Crown’s policy breached Article 3 of the Treaty of Waitangi by failing to honour the guarantee that Mäori are entitled to equal treatment under the law. It said that their ability to have their legal rights defined by the courts is being taken away, and their property rights are being Mark Prebble , then Chief Execut ive of the Depar tment of the Pr ime Minis ter and Cabinet , g iv...

5. White and Te Korowai Tiaki o Te Hauāuru Incorporated Society v Te Rūnanga o Ngāti Tama Trust (2020) 415 Aotea MB 164 (415 AOT 164) [pdf, 290 KB]

   ...Limited, Barristers and Solicitors, PO Box 1693, Rotorua, pou@tupono.co.nz Ruby Haazen, Barrister, 8 Mount Eden Road, Grafton, Auckland, rghaazen@gmail.com Rob Enright, Magdalene Chambers, Generator, Level 1, 28 Customs Street, Auckland, rob@publiclaw9.com Vicki Morrison-Shaw, Atkins Holm Majurey Limited, PO Box 1585, Shortland Street, Auckland, vicki.morrison-shaw@ahmlaw.nz Paul Beverley, Buddle Findlay, PO Box 2694, Wellington, paul.beverley@buddlefindlay.com mailto:pou@tupono.co.nz ma...

6. [2023] NZEnvC 187 Schmuck v Northland Regional Council [pdf, 324 KB]

   ...consent itself. He submits that without his participation in the appeal the reversion of the wording may not have occurred. Mr Schmuck reply submissions Counsel submits Mr Rashbrooke’s submissions again demonstrate his misunderstanding of the law and the effect of subsequent resource consents gained by Mr Schmuck and/or the boatyard. Counsel suggest Mr Rashbrooke does not seem to understand that subsequent decisions supersede previous consents and provide for activities differ...

7. [2024] NZEnvC 010 Fraser Auret Racing v Rangitīkei District Council [pdf, 212 KB]

   ...seeking that the High Court quash those parts of the decision and remit the matter back to this Court for reconsideration. 4 IRO-MAR joined the High Court proceedings. It did not oppose the High Court finding that this Court had made an error in law in the matters set out above but did not agree with all of the grounds of appeal contended by the Council. High Court appeal [8] The High Court found that the Environment Court erred by:2 • Taking into account an irrelevant matt...

8. Chee v Stareast Investment Ltd [2010] NZWHT Auckland 33 [pdf, 298 KB]

   ...England. [16] All parties had the opportunity to make both written and oral closing submissions on 15 September 2010. The claimants then sought to file further submissions on 20 September 2010 which were accepted. They then instructed Raineylaw who sought leave to file further legal submissions. The Tribunal agreed to accept further Page | 8 legal submissions but I have given little weight to the factual and evidential submissions filed by Mr Rainey. Mr Rainey did no...

9. [2024] NZEnvC 076 McDonnell v Auckland Council [pdf, 316 KB]

   ...subdivisions listed in the activity tables must comply with the General Standards, unless otherwise specified, as well as the Specific Standards. [12] The dispute between the parties centres around the interpretation of both standards and the lawfulness of the conditions. Consent [13] Consent for the subdivision was granted as a controlled activity subject to conditions. [14] Condition 1 requires that the subdivision must be as described in the application and Assessment o...

10. Cabinet paper Responding to the Waitangi Tribunal [pdf, 2.1 MB]

    ...process.” 24 Waitangi Tribunal, Report on Whakatika ki Runga, a Mini Inquiry Commencing Te Rau o te Tika, page 62. I N C O N F I D E N C E 16 I N C O N F I D E N C E interim funding policy. The Ministry of Justice, with Crown Law, intends to update the Tribunal on the interim funding policy. Lead agencies for current inquiries will be expected to update their claimants. Proactive Release 67 I intend to proactively release this paper, subject to any necessary redac...