Search Results

1. [2018] NZEnvC 232 Tasman District Council [pdf, 3.4 MB]

   ...land ownership which have no bearing on the road stopping. We will not consider those matters further. She set out three further grounds of opposition23: 22 23 (a) some of the directors of the Rainbow Community wish to obtain retrospective permits for their houses, the land is not suitable for housing due to the flooding risk; J J Hilson affidavit dated 7 September 2018 at 36 and 37 p 15. R A Cant affidavit dated 11 September 2018 exhibit RC-13. 9 (b) a scenic reserve is un...

2. 2017 NZSSAA 063 (20 October 2017) [pdf, 247 KB]

   ...to have the witness declared hostile, but could not do so on a proper basis. Counsel held no written statement from the witness that he would say such a thing, as is usual when applying to declare a witness hostile. Regardless, the Authority did permit cross-examination of this witness by counsel for the Chief Executive. [59] There are strict prohibitions on attacking a lawyer, or anyone else under the cloak of absolute privilege; it is necessary for counsel to possess an adequate...

3. ORC PC7 Hearing Schedule - 12 April 2021 [pdf, 280 KB]

   ...Summary (10min) ORC (30min) Court (45min) TA's Matthew Twose Planning Evidence Summary (10min) ORC (45min) Court (45min) TA's Jennifer McGirr Planning Evidence Summary (10min) ORC (30min) Court (45min) TA's - CODC only *If time permits, otherwise reschedule for Week 7 in Dunedin Nick Lanham Representation Representation (30min) TA's - CODC only *Unavailable after 13 April, rescheduled for Week 7 in Dunedin Benjamin Patterson Economics Evidence Summary (1...

4. Security Information in Proceedings Bill [PDF, 1.1 MB]

   ...Procedure Act. 5 6490402_1 16. The ultimate safeguards for the rights of defendants are as follows: 16.1 There is no power in the Bill to close the court for the substantive criminal trial itself. 16.2 New s 146A of the Criminal Procedure Act permits a prosecutor to withdraw proceedings, without leave, if the judge orders material to be disclosed but the prosecutor remains of the view that disclosure would be likely to prejudice national security. 16.3 New s 147A of the Crimi...

5. [2008] NZEmpC AC 4/08 NZ Airline Pilots Association Inc v Air New Zealand Ltd [pdf, 54 KB]

   ...in the performance of one’s duties. That is likely to be the meaning to be ascribed to “works” in s50(1). [33] As Mr Toogood submitted it is difficult to reconcile that concept when a pilot in a rest period during a layover is permitted to carry out personal activities without effective constraint by the employer. [34] Turning to the words in s50(1) “in accordance with his or her employment agreement” we agree with Mr Toogood’s submission that the definitio...

6. CM v RG LCRO 131/2012 (7 September 2015) [pdf, 67 KB]

   ...attributes of a barrister. It is his duty to not keep back from the court any information which ought to be before it, and he must in no way mislead the court by stating facts that are untrue, or mislead the judge as to the true facts, or knowingly permit a client to attempt to deceive the court. How far a barrister may go on behalf of his client is a question too difficult to be capable of abstract definition, but when concrete cases arise one can see for oneself whether what he has done...

7. Green – Trustees of Te Kou Tiaki and Tangi Ataahua Green Whanau Trust (2014) 92 Waiariki MB 183 (92 WAR 183) [pdf, 213 KB]

   ...Trust terminated as, in his view, the trustees have not adhered to their roles and responsibilities. [5] The Court heard the matter on 3 July 2013 3 when counsel sought to have this application substituted for a s 241 application. That was not permitted but both applications were dealt with. [6] Following discussions with Deputy Registrar Dittmer at the hearing, it became clear that the trustees had not been complying with their responsibilities as trustees, but that they were...

8. [2021] NZEmpC 71 Bowen v Bank of New Zealand [pdf, 241 KB]

   ...departing from the principle of open justice is high. [42] Where the application is for an interim non-publication order, the principle of open justice has less weight than at a later stage in the proceedings. The Courts are cautious about permitting public opinion to be formed based on allegations rather than a determination of the Court.18 [43] The Court is more likely to grant non-publication orders over disputed evidence that would not be the subject of judicial findings.19...

9. Coutts - Estate of James Pou (2008) 129 Whangarei MB 145 (129 WH 145) [pdf, 328 KB]

   ...be undetiaken in reliance on section 69(2) of the Act: see Re Henry Rakaitauheke Whaitiri 117 South Island MB 274. However, such orders appear to have only been made where the paliies consent. Celiainly, I do not believe that section 69(2) would permit compulsory DNA blood testing given that section 54 of the Family Proceedings Act, the section expressly enacted to deal with parentage testing, does not go that far. [33] The COUlt therefore has no DNA evidence before it and is left t...

10. [2021] NZACC 133 – Larason v ACC (17 August 2021) [pdf, 373 KB]

    ...that area or not. In the absence of any observed deformity prior to the injury it remains more likely that the hernia developed as a consequence of the injury rather than spontaneously. Further Evidence at Appeal Hearing [32] Mr Larason was permitted to give evidence at the appeal hearing and again to demonstrate the mechanism of injury using a prop that had two round slices of timber of approximately 300 millimetres in diameter attached to each end of a slender pole to represe...