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1. [2024] NZEnvC 011 Swap Stockfoods Limited v Bay of Plenty Regional Council [pdf, 198 KB]

   ...COURT A: The Plan Change 13 provisions as set out in Appendix A are approved. B: The s 293 process continues in accordance with the timeline previously approved. 2 C: Costs are reserved. REASONS Introduction [1] This matter concerns appeals against the Bay of Plenty Regional Council (Regional Council) on Proposed Plan Change 13 (Air Quality) to the Operative Bay of Plenty Regional Natural Resources Plan (PC13). [2] The case is primarily about the management of dust i...

2. [2023] NZEmpC 79 New Zealand Qualifications Authority v Hickey [pdf, 199 KB]

   ...employment relationship problem. [17] Section 10(4) was relied on to reinforce the need for separate grants. The section provides for the circumstances in which a grant may be refused, differentiating between original proceedings in s 10(4)(d) and appeals in s 10(4)(e). In this case appeals were equated with challenges to Authority determinations. [18] A policy reason was said to underlie the necessity for a separate grant in each jurisdiction; in the context of an appeal it a...

3. Parker v Accident Compensation Corporation (Claims Process) [2024] NZACC 198 (6 December 2024) [pdf, 159 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2024] NZACC 198 ACAR 47/23 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN FRANKLIN PARKER Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 29 November 2024 Held at: Wellington by AVL Appearances: S Winter for the Appellant P McBride for the Accident Compensation Corporation...

4. 10.7 Appendix G: Reporting Restrictions Statutory Prohibitions on Publications for Media as at November 2014

   ...against a child or young person, except with leave of the Court that heard the proceeding. This prohibition does not apply to proceedings that are transferred from the Youth Court to the High Court. It applies only to proceedings before the Youth Court and appeals from the Youth Court. Sentence indications for proceedings commenced on or after 5 March 2012 Section 63 of the Criminal Procedure Act provides that information about a request for a sentence indication or a sentence indication that h...

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5. Hawke’s Bay Standards Committee v Hill [2017] NZLCDT 40 [pdf, 158 KB]

   ...proceedings had still not been heard. In the end it took six years for the criminal charge against Mr Hill to be determined, resulting in a finding of ‘guilty’ on a charge of criminal breach of trust. A further year passed before Mr Hill’s appeal rights had been exercised, and his appeal against conviction and sentence was dismissed by the Court of Appeal. [3] Upon his conviction, in September 2016 a fresh charge was laid under s 241(d) of the LCA. Namely “he having been...

6. [2018] NZEnvC 132 Caradoc-Davies v S R Clearwater [pdf, 11 MB]

   ...elements of what they submitted, that guide me to the answer pursuant to principles established in case law. [18] Mr Garbett helpfully and succinctly offered a framework for establishing the principles, he said derived from a decision of the Court of Appeal Gillies Waiheke Limited & others v Auckland City Council,2 which concerned appeals against convictions of persons who had undertaken earthworks beyond a volumetric control in a resource consent. [19] The discussion of the p...

7. Trustees of Owhaoko C Trust v Karena - Owhaoko C Trust (2017) 59 Takitimu MB 288 (59 TKT 288) [pdf, 436 KB]

   ...the court may stay all or part of the proceeding on such conditions as are considered just. (4) This rule does not affect the court's inherent jurisdiction. [24] The established criteria for striking out was summarised by the Court of Appeal in Attorney-General v Prince, where the Court noted that it is well settled that before the Court may strike out proceedings the causes of action must be so clearly untenable that they cannot possibly succeed. The jurisdiction is one to...

8. August 2019 Outstanding Applications [pdf, 876 KB]

   ...Island MB 54-55 (21/1/1970), 46 South Island MB 232-233 (21/5/1970), 46 South Island MB 254 (20/5/1970) and 45 South Island MB 16-19 (23/5/1969) - Application to the Chief Judge A20190002966 58/93 Bruce Anderson Bamber, Kathleen Mata Bamber Appeal 2019/5 - Tahorakuri A No 1 Section 33A2 Block - against a reserved judgment made on 22 February 2017 at 157 Waiariki MB 173-176 - Notice of appeal and to appeal out of time A20190003142 45/93 Joyce Ruland CJ 2019/6 - Estate of Marsh T...

9. [2018] NZEmpC 128 Blue Water Hotel Ltd v VBS [pdf, 435 KB]

   ...describes a longstop limitation period. Purpose [28] It has long been recognised that the policy of the provisions relating to personal grievances requires them to be dealt with expeditiously. This was, for example, referred to by the Court of Appeal in Air New Zealand Ltd v McIntosh11 with regard to the Industrial Relations Act 1973,12 and the Labour Relations Act 1987.13 [29] The current Act confirms this policy. Section 101(ab) describes the objects of Part 9 of the Act....

10. [2021] NZACC 10 - Monk v ACC (12 January 2021) [pdf, 281 KB]

    IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 10 ACR 345/18 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN STEPHEN MONK Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 20 March 2020 Held at: Whangarei/Whangārei-Terenga-Parāoa Evidence and supplementary Submissions completed: 27 November 2...