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1. ASC Annual Report 2020 [pdf, 1019 KB]

   ...Livingston4 In his early case under the Act, a paediatrician sought to prevent a young woman from having an abortion when two certifying consultants had certified that a termination of her pregnancy was justified under the CSA Act. The Court of Appeal held the plaintiff had no standing to challenge the certificate and that any interests of the unborn child were indirectly protected by the mechanisms provided for in the legislation. 2012: Right to Life New Zealand Inc v Abor...

2. LS v MIS [2021] CEIT-2020-0024 [pdf, 387 KB]

   ...an election; [and] (g) the making of inquiries by the insurer, even where it creates expectations upon the insured, will not ordinarily amount to an election… [23] There was an additional step, regarding delay, however this was rejected on appeal while the other elements were approved.8 5 Domenico Trustee Ltd v Tower Insurance Ltd [2015] NZHC 981 at [37]–[75]. 6 At [37] (footnotes omitted). 7 At [71] (footnotes omitted). 8 Tower Insurance Ltd v Domenico Trustee Ltd [2015] N...

3. Justice Matters July 2019 [pdf, 3.5 MB]

   ...the Environment Court team is based in Wellington, it oversees cases for the lower North Island between Wellington and Taupō. Most of the Environment Court’s work is underpinned by the Resource Management Act 1991. The Court largely deals with appeals about the contents of regional and district plans and appeals arising out of applications for resource consents. Consent applications may be for land use; a subdivision; a coastal, water or discharge permit; or a combination of these...

4. Justice Matters - issue 15 - July 2019 [pdf, 3.5 MB]

   ...the Environment Court team is based in Wellington, it oversees cases for the lower North Island between Wellington and Taupō. Most of the Environment Court’s work is underpinned by the Resource Management Act 1991. The Court largely deals with appeals about the contents of regional and district plans and appeals arising out of applications for resource consents. Consent applications may be for land use; a subdivision; a coastal, water or discharge permit; or a combination of these...

5. Rātima v Sullivan - Tataraakina C (2019) 79 Tākitimu MB 103 (79 TKT 103) [pdf, 488 KB]

   ...and related proceedings. An injunction was sought and granted in 2012 followed by the issuing of two substantive decisions in 2015 and 2017. Over a decade later, this final judgment on liability and quantum is now issued. In the absence of any appeals or review, it may be that this decision will finally bring an end to this longstanding and costly litigation. [69] What the proceedings have underscored, is the need for communities of landowners to ensure that, where possible, th...

6. Trustpower - EiC - P M Mitchell - Hydrology (5 Feb 2021) [pdf, 3.8 MB]

   ...predominantly focused on the hydrology and optimisation of existing and developing run-of- river hydro-electric plant operating in conjunction with existing irrigation schemes. (e) Arnold Valley Hydro-Electric Power Scheme Environment Court appeal (2010). Appearing on behalf of Trustpower Limited to provide hydrological evidence in support of the grant of resource consents for the on-going operation of and enhancements to the Arnold Valley HEPS. (f) Wairau Valley Hydro-Electric...

7. HortNZ - EiC - V Hodgson - Planning (5 Feb 2021) [pdf, 341 KB]

   ...services to various district and regional councils. The scope of work for the public sector has been broad, covering plan change processes, submissions to national standards/regulations/policy statements and regulatory matters, mediation and appeals. 8. I have worked in geographic information system positions in the United Kingdom and worked for CKL Surveying and Planning Limited in Hamilton. 9. Living and working in the rural environment of South Auckland / North Waikato, I h...

8. [2021] NZEmpC 76 ANZ Sky Tours Ltd T/A ANZ Sky Tours v Wei [pdf, 287 KB]

   ...giving notice of grievances for unjustified disadvantage, unfair dismissal and wage arrears. The company denied the claims. The law Constructive dismissal principles [47] In Auckland Shop Employees’ Union v Woolworths (NZ) Ltd the Court of Appeal accepted that a constructive dismissal could arise in situations such as where:3 (a) an employer had given an employee an option of resigning or being dismissed; (b) an employer had followed a course of conduct with the deliberate an...

9. Tuwhangai v Boon - Kawhia U 2B (2018) 173 Waikato Maniapoto MB 99 (173 WMN 99) [pdf, 442 KB]

   ...recognised as a course of dealing where the two joint tenants discussed the possibility of one buying the share of the other. The facts of this case do not align with those in the case of Burgess v Rawnsley [1975] CH 429 where the English Court of Appeal were unanimous that an agreement by a joint tenant to sell her interest to a co-tenant effected a severance in equity despite the fact that the agreement was short lived.34 Severance arguments – summary [80] At paragraph [33] abo...

10. [2022] NZEmpC 101 UXK v Talent Propeller Ltd [pdf, 357 KB]

    ...Authority nor the Court is strictly bound by the provisions of the EA, guidance is often obtained from its provisions. Thus, s 69 has been referred to by the Authority from time to time,25 and by the Court.26 [88] As explained by the Court of Appeal in the leading authority of R v X,27 confidential information may be disclosed in Court unless the Judge gives a direction under s 69(2) having regard to the factors in s 69(3).28 It is clear from the judgment that what is required is...