Read Aimee Dartnall’s article that appeared in Stuff today by clicking here. Aimee Dartnall is a lawyer at Franks Ogilvie with a background in alcohol licensing and local government, as well as working on cases involving human rights and privacy law.
Coroner has made major recommendations after the inquest into the death of Christie Marceau. Nikki Pender acted for the Marceau family. Nikki told Newstalk ZB’s Larry Williams that a case like this could happen again. To hear the interview click here.
Earlier this year a Coroner ruled that the actions of two teenage brothers were “the most significant factor” in 15-year-old Stephen Dudley’s death – yet the police have refused to reinstate the manslaughter charge. Stephen’s parents spoke exclusively to the Weekend Herald (click here to read).
Nikki Pender represented the Dudleys in the Coroner’s Court and after the findings wrote to the Solicitor General requesting a review of the criminal process.
To read the response from Crown Law click here.
Franks Ogilvie are acting for a client who is directly affected by some of the hundreds of applications made under the Marine and Coastal Area (Tukutai Moana) Act (MACA Act). The client depends on a relatively small geographical stretch of the marine and coastal area, but has been forced to file numerous appearances to protect its interests against a multitude of applications over that area.
186 applications have been made by iwi, hapu and whanau groups to the High Court and about 380 directly to the Crown. These are applications for “protected customary rights” orders (such as for collecting stones or other natural resources in an area) or “customary marine title” orders (which can include rights to say yes or no to resource consent applications, and rights to restrict access in an area protected by wahi tapu.) While applicants have access to public funding, interested parties, like our client, do not.
Even though the applications may take years to be go through the system, those applying for resource consents or permits are required under section 62(3) to notify every applicant and seek their views if the proposed activity may affect the orders the MACA applicant is seeking. This statutory condition will apply until every related application has been determined, regardless of merit.
As there are so many overlapping MACA applications with no central repository it will be difficult for the average person to know where to start. How do you find out which MACA applications are relevant? Do you need to examine each one to determine what the application is about? Who do you contact? What if they don’t give their views within a reasonable time? How much do you pay? What will the Council do if you fail to seek the views and the MACA applicant objects? All these issues are yet to play out but are likely to be a huge burden to anyone needing a resource consent or permit or approval (new or renewing) anywhere in the marine and coastal areas subject to the applications. Click here and here for media articles on this.
Christie Marceau’s killer is being allowed to leave the secure mental health clinic where he is being housed, just six years after his deadly attack. Because these are escorted visits prior notice to registered victims does not have to be given. Chand was escorted, so that means the Marceaus were not told. Their lawyer, Nikki Pender, wants a law change. To read more click here and here.
Nikki Pender and Pam McMillan represented Tracey and Brian Marceau at the Coroner’s inquest in June this year. The Coroner has yet to report her findings.
Nikki Pender acted for Kimberley Cosci, a young woman who applied for judicial review to lift suppression of her and her abuser’s names. In a District Court case in 2016 the abuser pleaded guilty to two charges of indecently assaulting a child under 12 and was sentenced to nine months’ home detention. He was also granted permanent name suppression. Upset with the ruling, Kimberley sought advice. Nikki Pender, who has worked on similar cases previously, successfully argued that both name suppression orders should be quashed. Kimberley was then able to tell her story. Read the NZ Herald article here.
Pam McMillan acted for Democracy Action Incorporated, an interested party, in an appeal by the Independent Maori Statutory Board against the Auckland Council’s decision to delete sites of value for mana whenua (SVMW) from the Unitary Plan. Democracy Action argued the SVMW overlay imposed a considerable burden on some 18,000 Auckland property owners who were suddenly required to pay up to 13 iwi for cultural impact assessments for what could be very minor works on their properties. Justice Wylie dismissed the appeal and found the Council did not err in law in deciding to accept the Independent Hearing Panel’s recommendation to delete the SVMW overlay. In addition, the Court found that, having regard to the evidence before the Panel, the Panel did not err in law by concluding that the Council’s section 32 evaluation, prepared prior to notification of the PAUP, did not provide an adequate basis for the introduction of the SVMW. The decision is available here (Independent Maori Statutory Board v Auckland Council  NZHC 356 (7 March 2017)  NZRMA 195).
Mana Whakahono a Rohe (MWR) provisions are among the controversial law changes that delayed the Resource Legislation Amendment Bill. They give iwi rights to demand more say in planning, monitoring and possibly consenting under the Resource Management Act 1991. The MWR provisions are now in force. Franks Ogilvie’s Stephen Franks and Pam McMillan give a practical outline of what they could mean. Read the article here.
Nikki Pender acted for the Dudley family at the inquest into the death of their son, Stephen. The Coroner’s findings were released on 18 May. In them the Coroner finds stress associated with a physical assault was significant cause in Stephen Dudley’s death. Check out the following links: