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1. Director of Proceedings v McMillan [2020] NZHRRT 19 [pdf, 411 KB]

   ...and the Council’s Code of Conduct (2010). The standards are appended to this agreed summary of facts and marked “C”, and are accepted by the defendant as being applicable at the time of the events subject to this claim. EXPERT ADVICE 110. Dr Carolyn Young, registered midwife, provided expert advice to the HDC. Dr Young found the defendant had departed from accepted standards of midwifery practice in the care she provided to the aggrieved person in the following ways: An...

2. [2019] NZEmpC 172 Cowan v Idea Services Ltd [pdf, 356 KB]

   ...they noticed from the taking of medication, particularly a newly prescribed one, and were to file an incident report with any such observation, as well as informing the relevant manager. There was no indication of such reports being lodged. [110] Ms Transom also proceeded on the basis that no changes of behaviour had been noted as a result of ill health or the taking of medication. [111] No issue was raised regarding Mr M’s medication at the time of the investigation,...

3. LCRO 87/2018 QZ v FZB (20 December 2019) [pdf, 231 KB]

   ...having received the authority to uplift, from 18 April 2017, unless Mr QZ was entitled to claim a lien over the trust’s documents for his unpaid fees, he was required to hand over the trust’s documents to FZB “without undue delay”. Lien [110] In this context, a lien, known as a retaining (or possessory) lien, “extends to all costs owed by the client; it is not restricted, like a particular lien, to the costs owing in respect of the items that the client wishes the solici...

4. [2021] NZACC 70 - Te Miha v ACC (29 April 2021) [pdf, 324 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 70 ACR 38/19 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN M TE MIHA Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 21 September 2020 Heard at: Napier/Ahuriri Evidence completed: 4 February 2021 Appearances: Ms M Williams for the appellant Mr A Butle

5. [2022] NZEnvC 029 Waimea Plains Landscape Preservation Society Inc v Gore District Council [pdf, 438 KB]

   ...Society’s allegation that the commissioners had set aside the finding of significant adverse visual effects on the basis of positive effects of the proposal, being the provision of an improved water supply and a walking and cycle network. [110] He stated that it was unclear whether the positive effects of the walking and cycle connections were used as an offset pursuant to s104(1(ab), or a positive effect to be considered under s104(1)(a) and (c). However, the Council’s case di...

6. Adlam v Reihana - Himatangi 1H1A (2022) 447 Aotea MB 1 (447 AOT 1) [pdf, 658 KB]

   447 Aotea MB 1 I TE KOOTI WHENUA MĀORI O AOTEAROA I TE ROHE O AOTEA In the Māori Land Court of New Zealand Aotea District A20210011403 WĀHANGA Under Section 328, Te Ture Whenua Māori Act 1993 MŌ TE TAKE In the matter of Hīmatangi 1H1A I WAENGA I A Between REIHANA ROBINSON KOTUKU ADLAM Te Kaitono Applicant ME And REIHANA REIHANA, VICKI LAITA, RUSTY REIHANA, RIKI REIHANA, MAKARETA REIHANA, STEVE CALO, NICOLE CALO, EDWA

7. LCRO 8/2021 CK v SE (23 November 2021) [pdf, 284 KB]

   ...Ms SE made that statement, the alleged undertaking, must be viewed objectively.40 In doing so “[t]he subjective views” of both the lawyer giving the undertaking, and the lawyer or party receiving the undertaking are “irrelevant.”41 [110] In that regard, the immediate background to Ms SE’s statement was preparation by the trust’s lawyer of a resettlement deed for each of the three beneficiaries, Mr CK, Ms AF, and their sister. 37 Auckland Standards Committee 3 of N...

8. [2021] NZEnvC 120 Brookby Quarries Limited v Auckland Council [pdf, 2.8 MB]

   ...Ecological Impact Assessment Guidelines (EclA) EIANZ for use in New Zealand Terrestrial and Freshwater Eco-systems (2018). They submitted that these methods are considered best practice and most up to date and are widely accepted by many ecologists. [110] They provided us with a list of elements considered in relation to each SEA, taken directly from the field notes (three at Drury Quarry and one at Brookby Quarry). We agree that the notes reveal references to such matters in part...

9. [2022] NZEnvC 220 Chen v New Zealand Transport Agency - Waka Kotahi [pdf, 662 KB]

   Chen v NZ Transport Agency IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2022] NZEnvC 220 IN THE MATTER OF an appeal under s 174 of the Resource Management Act 1991 BETWEEN WEIRONG CHEN (ENV-2020-AKL-169) Appellant AND NEW ZEALAND TRANSPORT AGENCY – WAKA KOTAHI Respondent Court: Hearing: Appearances: Chief Environment Court Judge D A Kirkpatrick Environment Commissioner K Prime Environment Commissioner R M Bartle

10. [2022] NZEnvC 170 Director-General of Conservation v Northland Regional Council [pdf, 11 MB]

    Aupōuri Aquifer: Director-General of Conservation v Northland Regional Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2022] NZEnvC 170 IN THE MATTER OF the Resource Management Act 1991 AND IN THE MATTER OF an application for Water Take consents for the Te Aupōuri Aquifer BETWEEN DIRECTOR-GENERAL OF CONSERVATION (ENV-2021-AKL-129) Appellant AND NORTHLAND REGIONAL COUNCIL Respondent AND AUPŌURI AQUIFER WAT