Search Results

1. 2019 Youth Court Protocol [pdf, 150 KB]

   Media and Reporting Protocol in the Youth Court The Youth Court is a division of the District Court. Its proceedings are not open to the public. However, media are legally entitled, and permitted, to attend Youth Court proceedings under 329(1)(l) of the Oranga Tamariki Act 1989 (“the Act”), and are welcome to do so. The reporting of Youth Court proceedings is subject to a statutory prohibition against publication, except with the leave of the Judge that heard the proceedings. The Yout...

2. Sexual Violence Legislation Bill [pdf, 154 KB]

   ...relevance to the issue of consent that to exclude it would endanger the right to a fair trial7 - an absolute right that cannot be limited.8 The relevant legislative provision, despite being an exclusionary provision of some breadth, could be duly read to permit a test of this kind, and was accordingly consistent with the fair trial right set out in the European Convention on Human Rights/UK Human Rights Act. 7. As such, it is clear that the right to a fair trial does not provide the d...

3. AAP v ZZM [2012] NZDT 38 (15 November 2012) [pdf, 53 KB]

   ...service of the applicant. This is not inconsistent with the Act or the Rules. No issue about service of the Respondent arises because of its New Zealand domicile. The Applicant appeared through its representative by phone. The Tribunal commonly permits parties to do so. If the Applicant succeeds in obtaining an order from the Tribunal against the New Zealand-based respondent, there will be no legal impediment to its enforcement. I therefore find that there is nothing to prevent...

4. Ron-Mansfield-further-submisisons-for-Mr-Tarrant.pdf [pdf, 357 KB]

   ...MAY IT PLEASE THE CORONER, Counsel for the Mr Tarrant respectfully submits: 1. INTRODUCTION 1.1 There can be no question that the Coroner is charged by statute to determine the circumstances of the relevant parties’ deaths. 1.2 The only permitted exception is where an earlier inquiry has already done so by way of a rights-compliant inquiry, that has discharged the state’s duty to investigate that arises under s 8 of the New Zealand Bill of Rights Act.1 1.3 The Coroner m...

5. BW x XT [2022] NZDT 202 (12 December 2022) [pdf, 96 KB]

   ...reasons. First, the loss is of a subjective nature and the extent of intangible harm is difficult to prove and to price. If measured, any award is open to criticism on the basis that the outcome is unpredictable, or contains a punitive element not permitted in calculating loss for breach of contract. 14. Leaving aside these practical issues, there is a more fundamental policy concern against such awards. Contracts often give rise to stress, particularly where personal, social or famil...

6. [2014] NZEmpC 1 Howard v Carter Holt Harvey Packaging Ltd [pdf, 28 KB]

   ...a de novo hearing by the Court, therefore, it cannot be said that there is no realistic prospect of the challenge succeeding. [13] Having regard to all the relevant factors, I find that it is in the interests of justice that the applicant be permitted to pursue his challenge. I reach that conclusion, however, by a narrow margin. Three factors have tipped the balance in favour of this outcome. The first is the importance of the matter to the applicant. He was dismissed from ver...

7. CAC 10017 v Sherburn [2013] NZREADT 105 [pdf, 136 KB]

   ...entered into an agreement to purchase the property.” [3] We understood the three covenants to read that the landowner: “... will not: (a) Shoot any wildlife other than for the eradication of pests such as rabbits, possums and suchlike; (b) Permit or allow motorcycling or go-cart recreation or other noisome activity on the land, but this covenant shall not extend to the use of motor bikes, mowers, weed eaters or suchlike for the use in farming or gardening operations; (c) Keep...

8. Director-General of Conservation 84 [pdf, 129 KB]

   ...activities which are likely to result in significant levels of diffuse contaminant discharge. 8.4. Schedule B - The relief sought by the appellant in relation to increasing the nitrogen leaching rate threshold would inappropriately skew the permitted levels of Nitrogen to be higher, adversely affecting the health and wellbeing of the awa and is opposed by the Director-General. It is also considered that catchment scale modelling is required to understand the effects of this a...

9. TX v HC [2021] NZDT 1427 (28 April 2021) [pdf, 154 KB]

   ...defined by SCL in its survey. Ms X has agreed that she will pay for the removal of the hedge. Mr C’s obligation is to contribute half of the quoted cost of the fence, which is a total of $3,813.98. Mr C’s contribution is therefore $1,906.99. He must permit the fencing contractor to be engaged by Ms X to enter his land when necessary for the construction of the fence. Referee: C Hawes Date: 28 April 2021 Page 3 of 3 Information for Parties Re...

10. 2021-03-12 Joint - MOC - expert conferencing - hydro & community water [pdf, 139 KB]

    BI-936714-365-28-V1 IN THE ENVIRONMENT COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY I TE KŌTI TAIAO O AOTEAROA ŌTAUTAHI ROHE ENV-2020-CHC-127 UNDER the Resource Management Act 1991 (RMA) IN THE MATTER of the Water Permits Plan Change - Plan Change 7, being part of a proposal of national significance directed by the Minister for the Environment to be referred to the Environment Court under section 142(2)(b) of the RMA AND IN THE MATTER of an application under sec...