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1. [2021] NZEnvC 103 Wyuna Preserve Residents Association Incorporated v Queenstown Lakes District Council [pdf, 19 MB]

   IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KOTI TAIAO O AOTEAROA KI OTAUTAHI Decision No. [2021] NZEnvC 103 IN THE MA TIER AND of the Resource Management Act 1991 an appeal under clause 14 of the First Schedule of the Act BETWEEN WYUNA PRESERVE RESIDENTS ASSOCIATION INCORPORATED AND Court: Hearing: Appearances: Last case event: Date of Decision: of Issue: (ENV-2018-CHC-143) Appellant QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Environment Judge J J

2. Hearn v Parklane Investments Limited [pdf, 178 KB]

   ...Boulcott Investments Group Limited, previously known as Parklane Investments Limited (Parklane) was the previous owner and developer of the site on which the property is situated. Parklane took part in some of these proceedings, including filing a statement of defence, making claims against other parties, attending the taking of evidence and cross-examining of witnesses, providing an expert witness for the experts’ conference, and negotiating a possible settlement. [4] On 27...

3. Record of Pre-Hearing Conference (dated 14 March 2017) [pdf, 1.2 MB]

   ...Expert Witness Conference applies. In accordance with clause 2, the first step towards each conference will be for the parties9 to confer and prior to the conference set out a statement of agreed facts and of resolved and unresolved issues. The statements are to be filed three working days in advance. [23] It is my understanding that the extent to which protection is afforded under a District Plan (both the operative and proposed District Plans) will depend on what is sought to be p...

4. Waitangi Tribunal Vol 2 Kāhui Maunga Report [pdf, 12 MB]

   t e K ā h u i M a u n g a Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz t e K ā h u i M a u n g a The National Park District Inquiry Report Volume 2 Waitangi Tribunal Report 2013 Wai 1130 Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz National Library of New Zealand Catalo

5. BORA Policing Bill [pdf, 415 KB]

   ...for any expressive purposes other than an expression meant to mislead the public. 106. The use of Police uniforms and articles may raise concerns about their use for creative or political comment. We note, however, that the offence is tempered by defence of lawful excuse and that the circumstances of the use of the uniform and/or articles are to be considered. We consider that a court in hearing any case under this provision would interpret it consistent with the Bill of Rights Act prote...

6. New Zealand Law Society v Gilbert [2012] NZLCDT 24 [pdf, 222 KB]

   ...Gilbert through a second hearing. [21] The Committee noted that disputed facts could not be resolved on an Application for Stay, and that there was clearly a case to answer at a substantive hearing. It also made the point that Mr Gilbert’s defence was about to commence at the time the first hearing of the charges was abandoned, and there had been no suggestion at that point that Mr Gilbert considered he had a basis for applying for dismissal of the charges at completion of the...

7. Y v Secretary for Justice [2023] NZRA 004 (12 April 2023) [pdf, 269 KB]

   ...Secretary considered that the Applicant’s PAL 4 trial experience appeared to be limited to a non-speaking role as junior counsel in two trials. He had not demonstrated evidence of involvement in any key tasks, such as opening or closing the defence case or examining witnesses, in a criminal PAL 4 trial. [12] The Secretary recommended that the Applicant re-apply for criminal PAL 4 approval, after he had taken certain steps. First, he should be able to provide two additional cas...

8. [2020] NZEmpC 98 Tolson v Potter [pdf, 173 KB]

   ...even if Mr Tolson could establish that Mr Potter was a person involved in a breach of a minimum entitlement, it is apparent that he reasonably relied on the company’s accounts manager and its contracted bookkeepers, which provides him with a defence to an action to recover wages or other money.6 [16] In these circumstances, Mr Tolson is unable to recover against Mr Potter. [17] It follows that no penalty is payable under s 134(2) or under s 142X of the Act.7

9. Maori Land Court Recusal Guidelines [pdf, 226 KB]

   ...partner or a family member has an involvement or a financial interest in the outcome of a proceeding. Disclosure of conflict of interest Principles Adequate disclosure protects the integrity of the judicial process and is also a defence against later challenges to the decision. Disclosure does not constitute an acknowledgement that the circumstances give rise to a reasonable apprehension of bias. Disclosure of any matter which might give rise to objection sh...

10. [2023] NZEmpC 28 Oliver v Biggs [pdf, 187 KB]

    ...hardcopy form sent by courier, and by email, so that he was appraised of the steps that would be taken. I noted that Mr Biggs thus had an opportunity to deal with the outstanding issues constructively with Mr Zindel, or seek leave to file a statement of defence out of time, if he considered he had grounds for doing so. [8] A formal proof affidavit was filed, in which Mr Oliver said he had been trying to obtain the (unpaid) Court costs from Mr Biggs for a long period of time,...