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1. [2023] NZEnvC 185 Regina Properties Limited v New Plymouth District Council [pdf, 392 KB]

   ...added) 6 [11] During the course of the hearing the Court asked the landscape witnesses, ]\fr Brown and Mr R Bain (for RPL) to identify (inter alia) what they considered to constitute the components of visual amenity. They filed an expert witness statement, dated 10 August 2022 which contain the following statement: 2. THE COMPONENTS OF VISUAL AMENITY RB and SB agree that the effects associated with "visual amenity" comprise: • Visual dominance or over-dominance ...

2. [2020] NZEmpC 62 Gibson-Smith v Ministry of Business, Innovation and Employment [pdf, 388 KB]

   DEREK GIBSON-SMITH v MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT [2020] NZEmpC 62 [11 May 2020] IN THE EMPLOYMENT COURT OF NEW ZEALAND WELLINGTON I TE KŌTI TAKE MAHI O AOTEAROA TE WHANGANUI-A-TARA [2020] NZEmpC 62 EMPC 196/2019 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN DEREK GIBSON-SMITH Plaintiff AND MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT Defendant H

3. Beattie v Official Assignee [2021] NZHRRT 21 [pdf, 280 KB]

   ...1993 Act which applied at the relevant time. However, any provision of the 2020 Act affecting the Tribunal’s hearing procedure does have present application, as will now be seen. Open and closed documents and open and closed hearings [4] In his statement of reply the Assignee says he appropriately withheld information from Mr Beattie in accordance with the provisions of s 27(1)(c) and s 29(1)(a) and (f) of the 1993 Act. Mr Beattie challenges the decision. [5] It was therefore nece...

4. Ministry-of-Justice-Annual-Report-2021-22.pdf [pdf, 5 MB]

   ...victims in 2021/22. We administer legal aid – helping people who can’t afford a lawyer to get legal advice and representation. We develop justice policy - advising on legislation and supporting our Ministers. We support and manage the Public Defence Service (PDS) – New Zealand’s largest criminal law practice. We carry out criminal conviction history checks. We processed 443,794 requests in 2021/22. We collect fines, reparations, infringements, and civil and legal aid de...

5. [2018] NZEmpC 25 Sawyer v The Vice-Chancellor of Victoria University of Wellington [pdf, 378 KB]

   ...grounds that the documents sought do not exist, or are irrelevant, or because the application is premature. [3] Dr Sawyer maintains she was unjustifiably disadvantaged and constructively dismissed from her employment. She seeks as remedies reinstatement and reimbursement of lost income, interest, and compensation under s 123(1)(c)(i) and (ii) of the Employment Relations Act 2000 (the Act). A penalty has also been sought and the Court is requested to make recommendations...

6. [2020] NZEmpC 149 Bay of Plenty District Health Board v CultureSafe NZ Ltd [pdf, 438 KB]

   ...judgment resolves jurisdictional issues only. At this stage, the Court is not required to make any findings as to whether any punitive declarations or orders should be made. The facts Background [8] The issues in this case arise from a statement of problem filed by Ms Shaw in the Authority, in which she advanced disadvantage grievances founded on bullying and harassment allegations, that she had not been offered echocardiogram supervision or training, and that she had been u...

7. Wright v CAC 10056 & Woods [2011] NZREADT 21 [pdf, 169 KB]

   ...licensee. The Rules provide that a licensee must ensure that they are open and honest with a purchaser so that they are not misled in their decision to make an offer to purchase a property. There does not need to be any reliance by the purchaser on the statements (or lack of statements) by the agent and it is clear that a duty of utmost good faith is required from the agent. We also agree with submissions made by Counsel that, for example suggesting a building report should be obtained...

8. Real Estate Agents Authority (CAC 301 & 403) v Tucker [2017] NZREADT 4 [pdf, 152 KB]

   ...counted as aggravating factors. As Mr Tucker said in his affidavit filed with the penalty submissions, he had doubled his normal dose of anti- anxiety medication before the hearing, and this may well have had an impact on his ability to conduct his defence effectively. Further, the manner in which Mr Wills and the Agency’s solicitor had pursued their criminal and disciplinary complaints against Mr Tucker (described as “aggressive”), and the colour of some of the language used...

9. [2020] NZEnvC 138 Eyre Community Environmental Safety Society Inc v Christchurch Regional Council [pdf, 9.3 MB]

   BEFORE THE ENVIRONMENT COURT AT AUCKLAND I MUA I TE KOTI TAIAO O AOTEAROA KITAMAKIMAKAURAU IN THE MATTER AND BE1WEEN AND AND Decision No. [2020] NZEnvC 138 of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act EYRE COMMUNITY ENVIRONMENTAL SAFETY SOCIETY INCORPORATED (ENV-2014-CHC-000057) Appellant CHRISTCHURCH REGIONAL COUNCIL and WAIMAKARIRI DISTRICT COUNCIL Respondents WAIMAKARIRI IRRIGATION LIMITED Applicant Court: (Then) Chief En

10. Family Court rewrite submission: New Zealand Law Society [pdf, 1 MB]

    12 November 2018 Independent Panel, Family Justice Reforms c/- Ministry of Justice Wellington By email: FamilyJusticeReforms@justice.govt.nz EXAMINATION OF THE 2014 FAMILY JUSTICE REFORMS A. INTRODUCTION The New Zealand Law Society welcomes the opportunity to provide feedback to the Independent Panel (panel) examining the 2014 family justice reforms. We are pleased the impacts of the 2014 changes are being evaluated. The panel’s consultation paper, “Hav