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1. [2019] NZEnvC 041 Oceana Gold New Zealand Limited v Otago Regional Council [pdf, 1.3 MB]

   ...Resource Management Act 1991 of appeals under clause 14 of Schedule 1 to the Act OCEANA GOLD (NEW ZEALAND) LIMITED (ENV-2016-CHC-103) ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV-2016-CHC-102) ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED (ENV-2016-CHC-122) Appellants OTAGO REGIONAL COUNCIL Respondent Court: Environment Judge J R Jackson Environment Commissioner R M Dunlop Environment Commissioner D J Bunting Hearing: in Dunedin on 20 Feb...

2. Due North Trust v Gardner [2011] NZWHT Auckland 64 [pdf, 262 KB]

   ...report, and their decision to purchase the house in light of the contents of the Mitchell report, broke the casual chain between the Council’s negligence and their loss. The Council also submits that the same facts give rise to the affirmative defences of volenti (voluntarily assumption of risk), intervening event and contributory negligence. [65] The most applicable of the defences raised by the Council is contributory negligence and accordingly we turn to it first. [6...

3. LCRO 118/2016 BO v JC and GW (29 May 2017) [pdf, 102 KB]

   ...13 Email from Ms BO to Ms MF (19 February 2016). 14 Email from Ms BO to Ms GW (15 March 2016). 7 [34] At another time, Ms BO requested Ms GW to provide “a full copy of the Court Documents by return so that we can file our Statement of Defence and Counterclaim before Friday”.15 She clarified that the earlier comment about not having funds to pay the debt meant that [Company P] was not going to pay further royalties to [Company Q] rather than meaning that [Com...

4. [2021] NZEnvC 022 Timberlink New Zealand Limited v Marlborough District Council [pdf, 2.3 MB]

   ...filed in May 2020. By way of general overview, the appeal is in relation to the Natural Character and Landscape chapters of the pMEP. It says those chapters do not sufficiently respond to s6, RlvlA. or give effect to the New Zealand Coastal Policy Statement 2010 ('NZCPS') or achieve integrated managemenl. As an aspecL of that, iL says the prvIEP fails to address the conflicts between the "inextricably connected" issues of aquaculture development, the protection o...

5. Alcohol and Other Drug Treatment Court

   ...life after leaving the AODT Court programme. Throughout all phases of the Court programme, participants also attend recovery meetings and drug testing. Back to top Roles within the AODT Court The AODT Court team is made up of the Police prosecutor, defence counsel, clinical case managers, peer support workers, the Pou Oranga (Māori cultural advisor with experience of wellness and substance use recovery), and probation officers, supported by a Court coordinator. The team, led by the judge, wor...

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6. [2018] NZEnvC 183 Port Otago Ltd v Otago Regional Council [pdf, 6.3 MB]

   BEFORETHEEN~RONMENTCOURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2018] NZEnvC 182 of the Resource Management Act 1991 (the Act) appeals under clause 14 of the First Schedule to the Act ROYAL FOREST & BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV-201S-AKL-129) NGATI MAKINO HERITAGE TRUST (ENV-201S-AKL-140) NGATI RANGINUI IWI INCORPORATED SOCIETY (ENV-201S-AKL-141) Appellants BAY OF PLENTY REGIONAL COUNCIL

7. [2023] NZEmpC 102 van Kleef v Alliance Group Ltd [pdf, 273 KB]

   ...[20] At a further telephone directions conference on 26 October 2022, Ms van Kleef told the Court she required an extension of time to complete an analysis of documents which, by then, had been provided by Alliance, and to draft a third amended statement of claim. In doing so, she said there were a number of “incorrect documents” provided to her, which had impeded progress. [21] Mx Hornsby-Geluk said that the position was unsatisfactory. It was submitted that a timetable sh...

8. [2014] NZEmpC 196 Nelson v Katavich & Anor [pdf, 116 KB]

   ...Citibank”. (b) It was submitted that the category 6 documents concerned the plaintiff’s allegation that her employer unlawfully made a deduction from her wages before transferring money into her bank account. The plaintiff’s bank statements, which had been disclosed to the defendants, showed the plaintiff received in her bank account $27 less than the amount shown in her payslips. (c) What was sought was “the defendants’ side of those transactions” – i.e...

9. Steele v Community Leisure Centre Ltd (Strike-Out Application) [2019] NZHRRT 9 [pdf, 254 KB]

   ...The HRC did not accept the complaint on the ground that the behaviour complained of did not meet the threshold for sexual harassment, as it was neither repeated or of a particularly serious nature. [10] On 3 September 2016, Mr Steele emailed a statement of correction which he sought to have attached to the WAC incident report pursuant to information privacy principle 7: Privacy Act 1993, s 6. This statement, which was sent to Mr Linklater, the WAC Facility Manager, to counsel for the...

10. NQ & SS v QG & Ors [2024] NZDT 83 (9 January 2024) [pdf, 218 KB]

    ...any failure of that guarantee as to reasonable care and skill were to occur, SS and NQ are entitled to enforce remedies available to them under s32 CGA; and c. E Ltd would, if requested by SS and NQ, directly provide a further written statement to that effect and would attend the property to deal with any concerns about the work raised by SS and NQ. 13. EN noted the nature and volume of fencing work undertaken by E Ltd and referred to the “unfortunate” reality th...