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1. [2016] NZEnvC 152 Koha Trust Holdings Limited v Constellation Brands New Zealand Limited [pdf, 735 KB]

   ...that other more recent authority assisted to demonstrate that it was in fact correct. He submitted that the meaning of "give effect to" was interpreted strictly (albeit in a different RMA context) by the Supreme Court in Environmental Defence Society Inc v the New Zealand King Salmon Company Limitecf, where at para [77], Arnold J, delivering the majority Judgment, said: The Board was required to "give effect to" the NZCPS in considering King Salmon's Plan C...

2. David Bain appendices tabs A to E [pdf, 1.6 MB]

   ...trial over 60 witnesses were called to give oral evidence, some of them the same witnesses giving evidence on different aspects of the case, and over 20 written statements were read by consent. It will be appreciated that both the Crown case and the defence case were very much more complex than the simplified summary given above might suggest. 10. During the trial the judge was called upon to give a number of rulings. Two of these are relevant for present purposes. Both relate to evide...

3. 3 April 2019 Thames-Coromandel PDP - Coastal Environment [pdf, 235 KB]

   ...vi. vii. viii. ix. Topic: Topic Number: Thames-Coromandel PDP - Natural Character ENV-2016-341-000008 Environmental Defence Society Incorporated v Thames-Coromandel District Council I M Wernham v Thames-Coromandel District Council Whangapoua Beach Ratepayers Association Incorporated v Thames-Coromandel District Council Tasman Buildings Limited v Thames...

4. [2014] NZEmpC 91 Peters v Housing New Zealand Corporation [pdf, 69 KB]

   ...defendant at its Porirua Call Centre. On 31 May 2013, he was summarily dismissed. He issued proceedings in the Employment Relations Authority (the Authority) claiming that his dismissal was unjustified. His claim was unsuccessful. He then filed a statement of claim in this Court challenging the Authority’s determination. 1 In response, the defendant filed an application seeking a declaration that the challenge had been filed out of time. That is the issue before the Court....

5. [2011] NZEmpC 38 French v The Warehouse Ltd [pdf, 80 KB]

   ...October 2009. The Authority‟s was not a determination that it felt able to reach promptly. [12] Ms French filed her challenge in this Court on 18 June 2010 within the 28- day period allowed for doing so. On 12 August 2010 she filed an amended statement of claim incorporating a challenge to the Authority‟s supplementary determination 7 awarding costs in the defendant‟s favour. There was nothing unusual about the amended statement of claim and indeed that is the way the Court...

6. BORA Land Transport Amendment Bill [pdf, 294 KB]

   ...protection against the consequences of an error in a breath screening test or an evidential breath test. 8.The Court of Appeal in R v Aylwin 2 provided a broader perspective on the right to elect a blood test: It may at first blush seem unfair that the defence of error in the result of breath tests has been removed. However, at the same time as s 64(4) was amended, Parliament introduced safeguards. The main safeguard was that the right to elect to undergo a blood test (and to be infor...

7. BORA Border Processing (Arrivals and Departures) Levy Bill [pdf, 302 KB]

   ...connected to the objective of ensuring the levy orders work as intended, as strict liability offences may be an appropriate way to incentivise compliance and hold people accountable for their failure to comply. 25. Further, the Bill provides statutory defences and it appears that it would be possible and practical for a defendant to make out a defence as provided. The availability of practical defences limits the impairment of the right. 26. In addition, the audit regime is not inten...

8. David Bain interim report of Hon Robert Fisher QC on compensation claim [pdf, 1.1 MB]

   Robert Fisher QC INTERIM REPORT FOR MINISTER OF JUSTICE ON COMPENSATION CLAIM BY DAVID BAIN 13 December 2012 Hon Robert Lloyd Fisher QC, LL.D, FAMINZ; Bankside Chambers, Level 22, Lumley Centre, 88 Short/and Street, Auckland 1140. New Zealand. PO Box 3107, Short/and Street, Auckland 1140, New Zealand. Phone: 64-9-307 8780 Fox: 64-9-377 0997 Emalf: rf@roberrfisher.co.nz. Website: www.robertfisher.co.nz , EXECUTIVE SUMMARY ••..• � .......... . " ............ "

9. List-of-Fee-Changes-1-July-2025.pdf [pdf, 519 KB]

   ...$702 $728 3 Filing any other initiating document (as defined in regulation 4), unless a different filing fee is prescribed for that document elsewhere in the fees table $1,755 $1,819 4 Filing a statement of claim between defendants $143 $148 5 Filing an amended statement of claim $143 $148 6 Interlocutory application (a) without notice (b) on notice relating to a proceeding to which item 2, 3, 46 or 4...

10. [2011] NZEmpC 25 George v Auckland Regional Council [pdf, 68 KB]

    ...“subsequently discovered misconduct” on the part of Ms George which may affect the remedies that would otherwise have been awarded to her, should she be successful in her personal grievance claims. The Council has expressly pleaded in its statement of defence to the personal grievance claims that, if the defendant is liable to the plaintiff, it will seek to reduce the remedies to be provided to Ms George by reason of her subsequently discovered conduct in breaching her employme...