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1. [2022] NZEmpC 123 CSN v Royal District Nursing Service NZ Ltd [pdf, 376 KB]

   ...[56] She said that the applicable right was found in s 11, which confirms that everyone has the right to refuse to undergo any medical treatment. [57] There are of course many cases where a rights-based analysis is necessary, but, as the Court of Appeal made clear in Terranova Homes & Care Ltd v Service and Food Workers Union Nga Ringa Tota Inc, a s 6 analysis only applies where on one interpretation of a provision, there is an inconsistency with a protected right or freedom.15...

2. Hill v Accident Compensation Corporation (suspension of entitlements) [2022] NZACC 239 [pdf, 456 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2022] NZACC 239 ACR 57/20 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN ROCKY HILL Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 6 September 2022 Heard at: Auckland/Tāmaki Makaurau Appearances: M Darke for the appellant J Sumner for the respondent Judgment: 8 Dec...

3. [2024] NZEnvC 090 Bowkett v Whangarei District Council [pdf, 2.3 MB]

   Bowkett v Whangarei District Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TAMAKI MAKAURAU Decision [2024] NZEnvC 090 IN THE MATTER OF appeals against an abatement notice under s 325 of the Resource Management Act 1991 BETWEEN GD BOWKETT (ENV-2023-AKL-150) (ENV-2023-AKL-153) Appellant AND WHANGĀREI DISTRICT COUNCIL NORTHLAND REGIONAL COUNCIL Respondents IN THE MATTER OF an application for enforcement orders under ss 314...

4. [2023] NZEnvC 154 Middle Hill Ltd v Auckland Council [pdf, 1.4 MB]

   Middle Hill Limited v Auckland Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2023] NZEnvC 154 IN THE MATTER OF an appeal under clause 14 of Schedule 1 of the Resource Management Act 1991 BETWEEN MIDDLE HILL LIMITED (ENV-2020-AKL-000048) Appellant AND AUCKLAND COUNCIL Respondent Court: Environment Judge MJL Dickey Environment Commissioner RM Bartlett Environment Commissioner A Gysberts Hearing: On the...

5. [2024] NZEnvC 029 New Zealand Motor Caravan Association Inc v Marlborough District Council [pdf, 2.9 MB]

   NEW ZEALAND MOTOR CARAVAN ASSOCIATION INC v MARLBOROUGH DISTRICT COUNCIL IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2024] NZEnvC 029 IN THE MATTER of an appeal under s 120 of the Resource Management Act 1991 BETWEEN NEW ZEALAND MOTOR CARAVAN ASSOCIATION INC (ENV-2023-CHC-078) Appellant/ Applicant AND MARLBOROUGH DISTRICT COUNCIL Respondent Court: Environment Judge B P Dwyer sitting alone under s 279 of the Act...

6. Nelson Standards Committee v Ord [2025] NZLCDT 4 (17 January 2025) [pdf, 252 KB]

   ...and other similar applications which, while given civil numbers in the District Court, are ancillary to orders made in its criminal jurisdiction. So far as High Court proceedings are concerned, we consider that Dr Ord should be able to act on appeals from criminal decisions in the District Court, or orders made in ancillary proceedings such as limited licenses. Suppression [42] There is an Order suppressing the name and identifying details of the complainant, including any detail...

7. LCRO 130/2021 TF v SM (8 May 2025) [pdf, 276 KB]

   ...What is the nature and scope of the review? [67] The High Court has said of the nature and scope of the process of review under the Act that:8 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. 6 Section 206(2) of the Act. 7 Section 206(2A) of the Act. 8 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [3...

8. Derham v Accident Compensation Corporation (Gradual Process Injury; Suspension of Entitlements) [2025] NZACC 026 (17 February 2025) [pdf, 246 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2025] NZACC 026 ACAR 074/24 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN CARL DERHAM Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 3 December 2025 Heard at: Auckland/Tāmaki Makaurau Appearances: Mr Hinchcliff for the appellant Ms Becroft for the respondent Judgment: 17 Fe...

9. [2022] NZEnvC 022 Waikato Regional Council v Waikato District Council [pdf, 5.3 MB]

   Waikato Regional Council v Waikato District Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2022] NZEnvC 022 IN THE MATTER OF appeals under clause 14(1) of Schedule 1 to the Resource Management Act 1991 (the Act) BETWEEN WAIKATO REGIONAL COUNCIL (ENV-2021-AKL-000073) AMBURY PROPERTIES LIMITED (ENV-2021-AKL-000081) NEW ZEALAND TRANSPORT AGENCY - WAKA KOTAHI (ENV-2021-AKL-000086) Appellants AND WAIKATO DI...

10. [2011] NZEmpC 27 C v Air Nelson [pdf, 229 KB]

    ...of the Act. [49] It would, however, be illogical for the Court to not be able to consider the factual rationale for the employer’s belief. The principles are, in my view, succinctly contained within the following statement by the Court of Appeal in the Airline Stewards and Hostesses case where at 993 the Court said: What are reasonable grounds for a belief of misconduct must depend on the facts of each case. But at the time when the employer dismissed the employee the empl...