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1. [2023] NZEnvC 183 W North Limited v Wellington Regional Council [pdf, 1 MB]

   ...\'{!here there is an abuse of process; (c) \'{!here the case is poorly pleaded or presented; (d) \'{!here a settlement option might reasonably be explored and was not; (e) \Xfhere a party takes an unmeritorious or technical point of defence and fails. Is an award of costs warranted? [1 O] The Council submits that "tl1e area of law and policy regarding the determination of wetlands under tl1e Resource 1ifanagement Act (tl1e RMA) has in recent times been dynami...

2. Hartley v Balemi [pdf, 401 KB]

   CLAIM NO: 1276 UNDER The Weathertight Homes Resolution Services Act 2002 IN THE MATTER of an adjudication BETWEEN DAVID JASON HARTLEY and FLEUR DIANE HARTLEY Claimants AND No first respondent, Jack Balemi having been struck out AND BRENT BALEMI Second Respondent AND MANUKAU CITY COUNCIL Third Respondent AND No fourth respondent, Brent Warren Lee having been struck out AND No fifth respondents, Grace Kit Ha Mak and Wong & Bong Trustee Co Ltd h

3. [2021] NZREADT 15 - Feng (12 April 2021) [pdf, 282 KB]

   ...a sticker showing their entitlement to occupy carparks allocated to them. He says he showed the complainant such a label. He also said the licensees emailed to the complainant documents including copies of the title, a pre-contract disclosure statement, the AGM minutes explaining the carparking arrangements and a copy of the LIM. He confirmed that before the complainant purchased the apartment, licensee one had taken him to the body corporate office so that he could speak to the...

4. [2020] NZEmpC 195 NewZealand Fusion International Ltd (in administration) v A Labour Inspector of the Ministry of Business, Innovation and Employment [pdf, 240 KB]

   ...that they would have been in breach of New Zealand immigration and revenue laws if they had employed and paid wages to the complainants. Secondly, it alleges the Court erred in law by admitting into evidence, in breach of s 229(5A) of the Act, statements made by Ms Guan to the Labour Inspector. Thirdly, the affidavits effectively allege there is new evidence which could not have been obtained by reasonable diligence before the hearing. This relates to the claim that the w...

5. PR v HG 69/2016 LCRO [pdf, 269 KB]

   ...discrepancy was the matter that then came to occupy Ms XY’s mind, because she had settled that particular aspect of her claim against Mr SR for $150,000 in 2008 based on the premise that the $300,000 2 Statement of Claim, clause [17]. 3 Letter MZ to SR (27 March 2015). 4 From Mr SR. 3 recorded in the deed was correct. There is no evidence that explains when Ms XY first saw the schedule. [8] However, presumably based on...

6. BORA Resource Management Amendment Bill [pdf, 332 KB]

   Resource Management Amendment Bill Government Bill Explanatory note General policy statement The overarching objectives of the Resource Management Amendment Bill (the Bill) are to reduce complexity, increase certainty, restore public participation opportunities, and improve Resource Management Act 1991 (RMA) processes. The Bill also sup- ports the urgent need to improve freshwater management and outcomes in New Zea- land. The Bill principally amends the RMA and the Resource Legislation Amendm...

7. Proactive-Release-Coroners-Amendment-Bill-FINAL.pdf [pdf, 1.7 MB]

   ...the coronial system (likely commencing in mid-2022). The proposals in this paper have been narrowly scoped to ensure that some changes can be progressed relatively quickly and independently of the wider review. Impact Analysis Regulatory Impact Statement 47 The Treasury's Regulatory Impact Analysis team has determined that the four amendments in the proposed Coroners Amendment Bill are exempt from the requirement to provide a Regulatory Impact Statement on the grounds that they...

8. [2015] NZEmpC 44 Mana Coach Services Ltd v the New Zealand Tramways and Public Transport Employees Union [pdf, 401 KB]

   ...breach of s 4 towards an employee may be found to have acted unjustifiably in either dismissing or disadvantaging that employee. 33 The question in this case now, however, is whether the plaintiff as an employer is entitled to invoke s 4 as a defence to (shield against) a claim for unpaid wages where the circumstances either justifying the claim or justifying the defence to it consist of, or include, breaches by the employees of their s 4 good faith obligations. Conduct not in...

9. DG v YT Ltd [2014] NZDT 566 (19 May 2014) [pdf, 157 KB]

   ...car. She could not recall whether she had indicated, but thought it likely she would have. Despite it being a fine day, and on a straight road, she did not see the truck before turning into the path of it. [14] Both passengers also wrote statements in which they recalled that BB had been driving sensibly, and that they were eating biscuits, talking quietly or not at all and that the radio was not on. Each attended a hearing to confirm their statements. The passenger in the f...

10. Auckland Standards Committee 1 v Harder [2022] NZLCDT 29 (23 August 2022) [pdf, 150 KB]

    ...investigation into the matter. [7] There is also the evidence of Mr B who was counsel for Mr S at the time of the incident, who we will treat as the complainant in this matter.5 [8] Mr B had recorded the presentation of his client, Mr S, and statements made by him immediately after the incident giving rise to this charge and then a little later, took a fuller statement from Mr S, having discussed the matter with his head of chambers. This formed the basis for his evidence. [9...