Search Results

1. ENV-2016-CHC-000047 Blueskin Energy Limited v Dunedin City Council - Evidence - Stephen Chiles [pdf, 1.6 MB]

   CFH-309448-3-451-V2 BEFORE THE ENVIRONMENT COURT CHRISTCHURCH REGISTRY ENV-2016-CHC-47 IN THE MATTER of an appeal under Section 120 Resource Management Act 1991 BETWEEN BLUESKIN ENERGY LIMITED Appellant AND DUNEDIN CITY COUNCIL Respondent BRIEF OF EVIDENCE OF DR STEPHEN GORDON CHILES ____________________________________________________________ GALLAWAY COOK ALLAN LAWYERS DUNEDIN Solicitor...

2. [2020] NZEmpC 167 Noble v Ballooning Canterbury.com Ltd [pdf, 287 KB]

   ...Analysis [70] The Supreme Court has made it clear that unless there are exceptional reasons, costs should follow the result: Shirley v Wairarapa District Health Board.26 [71] The Court went on to refer to dicta from the English Court of Appeal which discussed when it may be permissible to depart from the ordinary course, in Forster v Farquhar, where Bowen L J had said:27 We can get no nearer to a perfect test than the inquiry whether it would be more fair as between the pa...

3. [2019] NZEmpC 129 A v N Ltd [pdf, 291 KB]

   ...irregularities. A in this case should, therefore, have been entitled to the remedy of reimbursement for wages lost because of the grievance.2 1 A v N Ltd [2018] NZERA Auckland 248. 2 The Court of Appeal in Waitakere City Council v Ioane [2004] 2 ERNZ 194 (CA) at [22]-[26] and Telecom NZ Ltd v Nutter [2004] 1 ERNZ 315 (CA) at [81] suggested a “loss of chance” approach should be used. The implication is that, if the dismissal was...

4. Justice Matters - issue 17 - December 2019 [pdf, 5 MB]

   ...important mechanism that will enable investigations into miscarriages of justice to be completed in an independent, timely and fair way. “We’ve seen how our justice system can very occasionally get things spectacularly wrong, even with rights of appeals, and there needs to be a chance for the innocent on the right grounds to seek a final review of their case.” The Commission will have important information- gathering powers, including the ability to apply for a court order to acc...

5. [2020] NZEmpC 51 O’Boyle v McCue [pdf, 298 KB]

   ...information not be disclosed whether or not the communication or information is privileged by another provision of this subpart or would, except for a limitation or restriction imposed by this subpart, be privileged. [35] In R v X, the Court of Appeal discussed the scope of s 69 in detail.5 It emphasised that 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).6 It is also clear from the judg...

6. [2018] NZEmpC 13 Lyttelton Port Co Ltd v Rail and Maritime Union of NZ Inc [pdf, 327 KB]

   ...Secretary for Justice v New Zealand Public Service Assoc Inc [1990] 2 NZLR 36 (CA). 13 At 41. 14 At 41. 15 At 41. 16 At 41. [27] In New Zealand Rail Ltd v New Zealand Combined Union of Railway Employees, a full Court of the Court of Appeal emphasised the importance of practicality in the interpretation exercise.17 It provided yet further guidance as to the correct approach. It said:18 Such a notice must be interpreted in the light of the information which it w...

7. Scott v Hori - Estate of Wharepouri Paoro [2018] Chief Judge's MB 871 (2018 CJ 871) [pdf, 375 KB]

   ...order was made or through submissions on the law. Issues [18] The issues to determine in this case are: 2 [2009] Chief Judge’s MB 209-225 (2009 CJ 209) 3 [2010] Maori Appellate Court MB 167 (2010 APPEAL 167) 2018 Chief Judge’s MB 887 (a) Should Jerry Herewini Hori have been included in the vesting order made under s 81A?; and if so (b) Was the order complained of erroneous in fact or in law because of any mistake or omiss...

8. Rebecca Liv Stirnemann - Evidence in Chief [pdf, 699 KB]

   BEFORE THE ENVIRONMENT COURT Auckland Registry ENV-2015-AKL-0000134 IN THE MATTER AND BETWEEN AND of the Resource Management Act 1991 of an appeal under Clause 14 of the First Schedule of the Act TRUSTEES OF MOTITI ROHE MOANA TRUST Appellant BAY OF PLENTY REGIONAL COUNCIL Res~ondent STATEMENT OF EVIDENCE OF REBECCA LIV STIRNEMANN ON BEHALF OF THE ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INC Royal Forest and Bird Protection Society of New Zealand...

9. [2021] NZEnvC 171 Public and Population Health Unit of the Northland District Health Board v Northland Regional Council [pdf, 546 KB]

   ...Health Unit of Northland District Health Board v Northland Regional Council (Topic 8 – Agrichemicals) IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2021] NZEnvC 171 IN THE MATTER OF an appeal under Clause 14 of Schedule 1 of the Resource Management Act 1991 (the Act) AND Topic 8 (Agrichemicals) of the Proposed Northland Regional Plan BETWEEN PUBLIC AND POPULATION HEALTH UNIT OF THE NORTHLAND DISTRICT HEALTH BOARD (...

10. COVID-19 (Vaccinations) Legislation Bill [pdf, 247 KB]

    ...occurred without proof of mens rea. The accused is required to prove a defence (on the balance of probabilities), or disprove a presumption, to avoid liability. 74. Although infringement offences do not result in a criminal conviction,21 the Court of Appeal in Henderson v Director, Land Transport New Zealand held that the rights in ss 24 and 25 of the Bill of Rights Act apply to minor offences dealt with under the infringement notice regime.22 75. Strict liability offences may neverth...