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1. 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...

2. 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...

3. 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...

4. 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...

5. [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...

6. 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...

7. [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...

8. [2021] NZEnvC 187 The Canyon Vineyard Limited v Central Otago District Council [pdf, 1.5 MB]

   THE CANYON VINEYARD LTD v CODC – FINAL IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2021] NZEnvC 187 IN THE MATTER of the Resource Management Act 1991 AND an appeal under s120 of the Act BETWEEN THE CANYON VINEYARD LIMITED (ENV-2019-CHC-137) Appellant AND CENTRAL OTAGO DISTRICT COUNCIL Respondent AND BENDIGO STATION LIMITED Applicant Court: Environment Judge P A Steven Environment Commissioner M C G Mabin...

9. Williams - Hohotaka 2A Section 4 [2023] Chief Judge's MB 2 (2023 CJ 2) [pdf, 971 KB]

   ...that standard’s inherent flexibility that takes into account the nature and gravity of the matter at issue.14 This means that the applicant must establish on the balance of probabilities that there was a mistake or omission. [21] The Court of Appeal has confirmed that the power under s 44(1) falls into two parts:15 The first is an evaluative decision as to whether the order made was “erroneous in fact and law because of any mistake or omission on the part of the court or the...

10. Local Government Bill [pdf, 440 KB]

    ...and freedoms contained in this Bill of Rights may be subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. 8. In Moonen v Film and Literature Board of Review,7 the Court of Appeal developed a set of guidelines that are of assistance when assessing whether a provision constitutes a “justified limitation”. This process is similar to the approach taken by the Supreme Court of Canada in R v Oakes.8 9. The inquiry...