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1. Rapatini v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 97 [pdf, 233 KB]

   ...[1963] NZLR 339, 353-354 (CA); Edwards v Bairstow [1995] 3 All ER 48, 57; [25] Even if the qualifying criteria are made out, the Court has an extensive discretion in the grant or refusal of leave so as to ensure proper use of scarce judicial resources. Leave is not to be granted as a matter of course. One factor in the grant of leave is the wider importance of any contended point of law: e.g. Jackson and Kenyon above. [17] Ms Becroft notes that in dismissing the appeal, Judge Sp...

2. OIA-97833-response.pdf [pdf, 799 KB]

   ...addition, the Ministry’s Tātou Tātou Rainbow Network hosted Out @ PSA for their Gender and Sexual Diversity at Work training module in July 2021. While the training was not targeted specifically at court staff, some court staff did attend it. A resource is enclosed, which was given to the attendees of this event. Should you have any concerns with this response, I would encourage you to raise these with the Ministry. Alternatively, you are advised of your right under section 28(...

3. 2021-06-09 ORC - MOC - Seeking directions regarding timeframes [pdf, 126 KB]

   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 section 149T of the RMA...

4. Tatana - Estate of Ratahi Tatana (2017) 157 Taitokerau MB 132 (157 TTK 132) [pdf, 209 KB]

   ...Mr Richard Tatana (another of the last Hinerakei Tatana’s children) moved into the cowshed and began alterations to it. There has been no authorisation for this. Mr Coutts says: “8.5 (b) The reality is that the trustee does not have the resources to remedy the perceived damage to the cowshed and the missing chattels in the cowshed and our observation is that if the granting of Licenses to occupy is to be delayed to allow remedy of such matters, assuming the trustee had resour...

5. 221013-Web-Attachment-Wayfinding-for-Civil-Justice-Draft National Strategy.pdf [pdf, 414 KB]

   ...that can only be achieved through an overarching shared strategy to guide our way to improved access to justice.4 There are limited funds available in Aotearoa New Zealand to address its access to justice problems. Wayfinding is about using what resources we do have as strategically as possible. It is also about providing clear signals to funders of access to justice mahi (government and non-government) about what work is ongoing, where the gaps are, and where co-ordination can be achie...

6. Panchalingam v Accident Compensation Corporation (Leave to Appeal) [2024] NZACC 75 [pdf, 189 KB]

   ...Judge made an error of law capable of bona fide and serious argument. [36] Even if the qualifying criteria had been made out, I would not have exercised my discretion to grant leave, in the interests of ensuring the proper use of scarce judicial resources and the finality of litigation. I am not satisfied as to the wider importance of any contended point of law. [37] The application for leave to appeal is dismissed. Judge Ian Carter District Court Judge Applicant is self-r...

7. [2020] NZEnvC 149 Environmental Defence Society Inc v New Zealand Aluminium Smelters Limited [pdf, 213 KB]

   BEFORE THE ENVIRONMENT COURT AT CHRISTCHURCH I MUA I TE KOTI TAIAO O AOTEAROA Kl OTAUTAHI IN THE MATTER AND BETWEEN AND Decision No. [2020] NZEnvC 149 of the Resource Management Act 1991 of an application for declarations under s 310 of the Act ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED (ENV-2020-CHC-99) Applicant NEW ZEALAND ALUMINIUM SMELTERS LIMITED Respondent Court: Environment Judge J E Borthwick Hearing: Sitting alone in Chambers pursuant to s 279 of the...

8. [2019] NZEnvC 191 Trustees of the Dark Horse Trust v Auckland Council [pdf, 5.4 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA Court: Date of Decision: Date of Issue: Decision No [2019) NZEnvC \ q \ IN THE MATTER of the Resource Management Act 1991 AND IN THE MATTER of two appeals under s 120 of the Act BETWEEN JEANETTE RA YNISH & CAROL ANNE CAMPBELL as Trustees of the Dark Horse Trust AND AND AND AND (ENV -2018-AKL-000355) THE ST MARY'S BAY ASSN INC. & HERNE BAY RESIDENTS ASSN INC. (ENV -2018-AKL-000357) A...

9. [2022] NZEmpC 49 Butt v Attorney-General [pdf, 184 KB]

   ...for the exercise of that discretion on the basis that the applications were unnecessary, lacked merit, unnecessarily prolonged the litigation process and increased the costs to the plaintiffs. [9] Further, they say that the Crown has substantial resources compared to them, that their case has public significance and that it is part of a larger vein of law being developed. 1 Butt v The Attorney-General sued on behalf of the Ministry of Health [2021] NZEmpC 151. 2 Butt v The Attorn...

10. International Covenant on Civil and Political Rights - list of issues 5th report [pdf, 38 KB]

    ...mechanism to settle comprehensively land claims of indigenous peoples, consistent with the Treaty of Waitangi and with the Covenant rights, has been created. Please also indicate whether the Waitangi Tribunal has been provided with increased financial resources. Dissemination of information relating to the Covenant (art. 2) 27. Please indicate what steps the State party has taken to disseminate information about the Covenant, the submission of its fifth periodic report, its examinat...