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1. DG v WV LCRO 14 / 2011 (24 June 2011) [pdf, 100 KB]

   ...in early 2008. It arose out of a hearing before Judge D J McDonald who was hearing submissions from the Applicant and the Respondent, counsel for opposing parties, on an application by the Applicant‟s client for an extension of time to file a Statement of Defence. [20] The complaint was that the Respondent had led evidence from the bar. A further complaint was that the Respondent has misled the Applicant in Court which led to him unnecessarily withdraw a statement and apologis...

2. [2024] NZEnvC 024 Environmental Defence Society Inc v Minister for Environment [pdf, 373 KB]

   ...THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2024] NZEnvC 24 IN THE MATTER of the Resource Management Act 1991 AND an application for declarations under s310 of the Act BETWEEN ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED (ENV-2023-CHC-002) Applicant AND MINISTER FOR THE ENVIRONMENT AND MINISTER OF FORESTRY Respondents Court: Environment Judge P A Steven Sitting alone under s309 of the Act Hearing: at Christchurch on 2...

3. 8 October 2024 MEP King Shag & IBA Preliminiary Issue [pdf, 314 KB]

   ...PROCEEDINGS pMEP: King Shag ENV-2024-324-000001 Friends of Nelson Haven & Tasman Bay (Inc) v Marlborough District Council The Royal Forest and Bird Protection Society of New Zealand Incorporated v Marlborough District Council Environmental Defence Society Incorporated v Marlborough District Council Appeal By Submitter On Proposed Policy Statement Or Plan pursuant to Clause 14 of the First Schedule of the Resource Management Act 1991 Appeal By Submitter On Proposed Poli...

4. [2025] NZEmpC 187 Santamaria v Television New Zealand Ltd [pdf, 206 KB]

   ...continued to owe to Mr Santamaria between the date when the settlement agreement was signed and when his employment ended. [5] Some context is required to explain how three proceedings are before the Court. [6] In 2024, Mr Santamaria lodged a statement of problem in the Employment Relations Authority making several claims against TVNZ. Those claims involved allegations that TVNZ breached the settlement agreement and certain duties owed to him as an employee. [7] The A...

5. BQ v XB & TB [2021] NZDT 1637 (7 October 2021) [pdf, 196 KB]

   ...hearing). BQ’s insurer has declined cover as it does not cover incursion of tree roots from a neighbouring property. CI0301_CIV_DCDT_Order Page 2 of 4 2. The issues I need to decide are: a. Whether there is a nuisance or if there is a defence that BQ ‘came to the nuisance’. b. If there is a nuisance, what the damages are, in particular: i. Whether the roots have caused damage or the deformations are the inevitable consequence of the way it was constructed. ii. Wheth...

6. National Standards Committee 1 v Deliu [2016] NZLCDT 26 [pdf, 408 KB]

   ................................................................................................. 4 The misconduct provisions ....................................................................... 4 The charges ............................................................................................. 5 The practitioner’s defences ...................................................................... 7 Evidence from the Judges ...................................................

7. Sexual-Violence-Bill-and-Govt-Response_FINAL.pdf [pdf, 1.7 MB]

   ...officials. Cabinet paper Office of the Minister of Justice 27 July 2023 2 Government Response to Report of the Released in full. Petitions Committee On Petition of Patricia Fabish and the Sensible Sentencing Group Trust: Stop editing Victim Impact Statements in New Zealand Government Response Office of the Minister of Justice 27 July 2023 3 Departmental Disclosure Statement Released in full. Key advice Ministry of Justice 19 July 2023 4 Better Outcomes for Victims: approv...

8. [2021] NZEmpC 198 Head v Chief Executive of the Inland Revenue Department [pdf, 388 KB]

   ...were necessary. Furthermore, an incorrect procedure was initially adopted, which resulted in IR having to apply to the Court for necessary directions as to the correct process for such an application. [14] Over eight months, multiple amended statements of claim were filed as late as one week prior to the commencement of the hearing. IR incurred additional costs by having to file amended statements of defence. [15] The addition of new plaintiffs also resulted in a requir...

9. Firmin v ACC [2013] NZACA 15 [pdf, 87 KB]

   ...late appeal in respect of the review decision of 7 August 2005. In the event the application to the Authority failed, the parties agreed that both applications would be heard together and the strike out application would be incorporated into the defence of the substantive application. [8] The joint Application to Adjourn or Vacate Hearing of Application to Strike Out dated 11 May 2010 (the JR agreement) prepared by Mr Barnett stated that the intention was that the proceedings may eithe...

10. [2023] NZEmpC 198 Carrington Resort Jade LP v Knight [pdf, 251 KB]

    ...ordered Carrington to pay Ms Knight the costs of the investigation.2 The challenge [4] Carrington has challenged the Authority’s determinations. It has elected to challenge the whole of each determination seeking to set them aside. While the statement of claim pleaded that it was accompanied by an affidavit providing background and other relevant facts, none was filed.3 This application [5] A brief review of the undisputed facts is necessary to place into context the app...