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1. Pope v Human Rights Commission (Strike-Out Application) [2014] NZHRRT 3 [pdf, 88 KB]

   ...Verbose, ill- drafted pleadings may defeat the purpose of a statement of claim to such an extent that it is an abuse of process. This principle is intended to prevent the improper use of the machinery of a court or tribunal. Pleading should not be permitted to be a means of oppressive conduct against opposing parties. [32] Under the High Court Rules, r 15.1 a statement of claim may be struck out if there has been such an abuse: 15.1 Dismissing or staying all or part of proceeding (1...

2. Perkins v ACC [2013] NZACA 19 [pdf, 63 KB]

   ...interpretation should be guided by the words of the section read in the context of the Act. At page 5, Blair J considered discretion afforded under the section and said that compensation should not be scaled down because of the statutory minimum. The words permit the Commission to use some discretion in assessing compensation, and the Act envisages some cushioning, rather than full restitution in the common law sense. The same idea is given expression in the proviso to subs (1) wherein...

3. Tane - Te Tii (Waitangi) B3 (2015) 95 Taitokerau MB 261 (95 TTK 261) [pdf, 201 KB]

   ...that I am not being asked to approve the documents or the arrangements that the trustees are seeking to enter into. Whether it is prudent to enter into such arrangements is a valid but separate question. The order sought is that the trustees be permitted to execute documents by a majority which require registration under the Land Transfer Act 1952. Such an application has a different focus than whether the overall arrangement is prudent. [27] In the present case the proposed le...

4. [2019] NZEnvC 054 Christchurch City Council [pdf, 4.7 MB]

   ...resource consent for a non-complying activity when seeking to establish within the operative RM Areas would also fall away. While the risk is small , there is the potential for a certain sensitive activity (namely preschools) to establish as a permitted activity within the operative RM Areas (or seek a Certificate of Compliance); (b) the establishment of any sensitivity activity within the operative RM Areas could result in the potential for new sensitive activities to be exposed to...

5. Wood v ACC [2013] NZACA 4 [pdf, 62 KB]

   ...be again litigated, that a matter which could and should have been raised in proceedings which have been determined should not be allowed to be raised subsequently, and that a collateral attack upon a final decision in other proceedings will not be permitted. The dual objects are finality of litigation and fair use of curial proceedings.” [41] Ms Becroft quoted a passage from Z v Dental Complaints Assessment Committee5 , where Elias CJ at paragraph [61] discussed the general pub...

6. ENV-2016-AKL-000TBA Terra Nova Planning Limited v Auckland Council (Topic-056-057) [pdf, 742 KB]

   ...Urban Zone provisions of the PAUP will essentially ‘lock‘ landowners into a zone with Rural Production activity rules. Many of the FUZ area have been countryside living-type zones under the legacy council plans with a rather liberal array of permitted, controlled and restricted discretionary activities. In more than half of the region these zones provided for subdivision to a minimum of 4 ha. Our discussions with Council officers and infrastructure providers indicate that many of...

7. LCDT - 2015 annual report [pdf, 249 KB]

   ...applications requiring adjudication prior to hearing, some of which (of a procedural nature) can be considered by the Chair alone, and some of which require the convening of the full, or reduced number Tribunal. The circumstances where a reduced quorum is permitted has been extended by recent amendment to the Act5 , allowing a quorum of three to consider applications for Interim Suppression of Name or details. This change has allowed speedier consideration of such applications at a...

8. CR v TN LCRO 54/2014 (23 November 2016) [pdf, 75 KB]

   ...is important therefore to examine each Rule to determine the circumstances in which it is to apply. [32] There can only be a finding of unsatisfactory conduct if a specific Rule has been breached. A review of the Rules reveals that this does not permit a Standards Committee to investigate and punish lawyers for conduct outside their professional lives as has been suggested. As noted above, each of the Rules give a clear indication as to the circumstances in which it is to apply, and...

9. LCRO 84/2020 WF v BP (11 June 2020) [pdf, 159 KB]

   ...review conducted by Review Officers properly falls within the definition of work carried out by a tribunal. [14] That inquiry is necessary in order to establish whether the discretion allowed under sch 2 of the Epidemic Preparedness Act 2006 which permits courts or tribunals to extend the timeframe for filing applications, ameliorates the strict approach Review Officers have historically adopted when considering review applications that have been filed out of time. [15] The functi...

10. Committee on the Elimination of All Forms of Racial Discrimination – summary record 18th-20th reports (continued) [pdf, 117 KB]

    ...recruited to liaise between the Government and the tribes. During the consultations, Maori had expressed the wish that a specific reference to the Treaty of Waitangi should be included in the Mixed Ownership Model Act. It had also been decided to permit the tribes concerned to purchase shares in the extraction companies on the same conditions as other investors, and to continue the consultations on the interests of Maori with regard to drinking water. CERD/C/SR.2222 GE.13-41358...