Search Results

1. The Royal Forest and Bird Protection Society of New Zealand [pdf, 238 KB]

   IN THE ENVIRONMENT COURT ENV-2016-CHC-071 IN THE MATTER of the Resource Management Act 1991 AND IN THE MATTER of an application for declarations under Part 12 of the Act BETWEEN ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED Applicant AND MACKENZIE DISTRICT COUNCIL Respondent NOTICE UNDER SECTION 274 OF INTENTION TO APPEAR BY THE ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED 1 December 2016 Royal Fore...

2. Canterbury Earthquake CTV Building inquiry

   ...smouldering pile. There were risks in commencing the de-layering process but there were also significant risks in sitting by and doing nothing. [48] The predicament faced by the first responders was nicely summarised by Captain Ojeda at paragraph 157 of his statement to the Court: "A decision not to put water onto the pile for fear of drowning people, means that the fire continues to burn. On the other hand, putting water on the fire presents a risk of drowning some survivors. Lifting heavy de...

   Located in:

   1. Coroners Court >
   2. Findings & recommendations >
   3. Findings of public interest

3. GC v DM & PO Ltd [2022] NZDT 64 (7 June 2022) [pdf, 99 KB]

   ...taken into consideration include the nature of the goods, the price, any statements on the packaging, any representations by the supplier or manufacturer, and other relevant circumstances. 5. Section 7(4) of the CGA provides the supplier with a defence where the consumer is responsible for the failure. The first requirement for this defence is that the goods have been used in an unreasonable manner or to an unreasonable extent. The second requirement is that “the goods would have comp...

4. How to present your evidence on the day of your trial

   ...own behalf. Remember, you may be eligible for legal aid and you may be able to get free legal advice from your nearest community law centre Back to top Giving evidence yourself If you decide to give evidence yourself, you will typically be the first defence witness and give your evidence before you call other defence witnesses. You will be required to give evidence under oath or affirmation. When you are called to testify you will take the witness stand and be sworn or affirmed. Because there w...

   Located in:

   1. Courts >
   2. Going to court >
   3. Going to court without a lawyer >
   4. Representing yourself in a criminal case in the High Court

5. LL v Sun [2019] NZIACDT 3 (30 January 2019) [pdf, 253 KB]

   ...inviting her to apply for residence under the investor category. [17] On 4 August 2013, Mr Sun filed an application for residence on behalf of the complainant and her family (signature of the complainant dated 29 July 2013). This included a statement from the complainant concerning her business experience (29 July 2013) and an audit report from a Chinese accountant (26 July 2013). [18] Immigration New Zealand wrote to Mr Sun and the complainant on 7 February 2014 requesting furth...

6. [2023] NZEnvC 265 Gibbston Vines Ltd v Queenstown Lakes District Council [pdf, 362 KB]

   ...matters concerning future development of the Site to be addressed through any consenting processes as may 3 Memorandum of counsel for QLDC dated 13 February 2023 at [9]. Memorandum of counsel on behalf of GVL in relation to the National Policy Statement for Highly Productive Land Guide to implementation dated 13 February 2023. 4 Resource Management Act 1991. 5 More precisely, specified in the Modified Proposal to be approximately 49,353 m2. 6 More precisely, specified in the...

7. Attorney-General Submissions - 4 December 2017 [pdf, 383 KB]

   ...as presently framed appears to offend s 30(2) of the RMA. This is relevant as a council must prepare and 4390891_3 3 change any regional plan in accordance with its functions under s 30.1 The direction to give effect to any national policy statement, or regional policy statement, is subject to that jurisdictional limit.2 The interface between the RMA and Fisheries Act 12. The interface between the RMA and Fisheries Act is complex. The High Court decision provides the current...

8. [2020] NZEmpC 179 TPT Forests Ltd v Penfold [pdf, 169 KB]

   ...[2] TPT now makes application for search orders in relation to the respondents. [3] In addition to the application and supporting documents, including an undertaking as to damages and affidavits, TPT has filed a draft search order and a draft statement of problem, which it proposes filing with the Employment Relations Authority (the Authority) if the search orders are granted and after they have been executed. [4] The Court has jurisdiction to make search orders pursuant...

9. UH Ltd v BI [2023] NZDT 13 (12 April 2023) [pdf, 99 KB]

   ...any work required on the vehicle was innocently made, is no defence under the Act. [10] The courts have outlined clearly what amounts to a misrepresentation. A misrepresentation is to be understood in its established sense of a false or erroneous statement of fact. Induced means that the respondent intended the applicant to act in a particular way or that she wilfully used language calculated, or of a nature, to induce a normal person in the circumstances of the case to act as the applican...

10. [2015] NZEmpC 40 Ritchies Transport v Merennage [pdf, 69 KB]

    ...plaintiff H White, counsel for defendant Judgment: 31 March 2015 CONSENT JUDGMENT OF JUDGE CHRISTINA INGLIS [1] Counsel have filed a joint memorandum in relation to the plaintiff’s application seeking leave to file an amended statement of claim and for a stay. The defendant consents to the making of the orders sought by the plaintiff. [2] Having regard to the matters set out in the joint memorandum, the following orders are made by consent. The plaintiff i...