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1. 2023-05-19-Form-33-Connexa-and-Spark.pdf [pdf, 147 KB]

   ...Contract person: Tom Anderson, Director/Principal Planner Note to person wishing to be a party You must lodge the original and 1 copy of this notice with the Environment Court within 15 working days after—  the period for lodging a notice of appeal ends, if the proceedings are an appeal; or  the decision to hold an inquiry, if the proceedings are an inquiry; or  the proceedings are commenced, in any other case. Your right to be a party to the proceedings in the court ma...

2. What happens next

   The Tribunal will hear an appeal or charge once all the necessary papers have been served and filed and the preparatory steps taken. The hearing is a formal judicial proceeding. Before the hearing The Tribunal may issue all or any of the following directions: call for a directions conference by phone or in person, involving the parties or their lawyers order all parties to provide all relevant documents order all parties to exchange their witness lists and, where appropriate, briefs of evidence...

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3. [2015] NZEmpC 150 Burrowes v Commissioner of Police [pdf, 224 KB]

   ...and from at least part adversarial to inquisitorial and therefore the nature of the particular investigation meeting must be a relevant consideration to the exercise of the discretion to award costs. [17] It is well established from Court of Appeal decisions that the Employment Court is required first to determine whether costs incurred by a successful party were reasonably incurred, and then after an appraisal of all relevant factors, decide at which level it is reasonable for th...

4. [2018] NZEmpC 69 A Labour Inspector v Sampan Restaurant Ltd [pdf, 343 KB]

   ...questions posed by the Authority aim to establish the principles the Authority (or Court) should apply when exercising its discretion to impose penalties. These are questions of law. For example, in Grace Team Accounting Ltd v Brake, leave to appeal to the Court of Appeal was 1 (Footnotes omitted). granted on (relevantly) the following question of law “Did the Employment Court apply the correct principles when exercising...

5. Induction guide for legal aid providers - v1.2 January 2017 [pdf, 659 KB]

   ...split into 4 approval levels (Criminal PAL 1-4) depending on the seriousness of the charge. Criminal legal aid may be available for a person: • charged with an offence that could result in them being sent to prison for 6 months or more • appealing their conviction or sentence. Criminal legal aid is less likely to be available for minor charges unless there are special circumstances such as difficulties with language, reading or writing, mental illness, or the interests of justi...

6. [2022] NZEnvC 234 Paterson Pitts Limited Partnership v Dunedin City Council [pdf, 18 MB]

   ...and amendments (the new heritage provisions) which includes changes to the pre­ existing strategic directions and heritage provisions not otherwise touched by the variation. [4] Paterson Pitts Limited Partnership ('Paterson Pitts') appealed the decision on several grounds, the first of which is scope. The gravamen of the appellant's complaint is that the submission supporting the changes made by the Panel was not on the variation and was therefore unlawful. The appe...

7. [2021] NZACC 132 - Pivac v ACC (17 August 2021) [pdf, 465 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 132 ACR 3/21 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN DION PIVAC Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 21 July 2021 Heard at: Christchurch/Otautahi Appearances: Mr Pivac on his own behalf Mr C Light for the respondent Judgment: 17...

8. [2021] NZACC 21 - Pentecost v ACC (28 January 2021) [pdf, 231 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 21 ACR 179/19 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN CONRAD PENTECOST Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 14 October 2020 Heard at: Auckland/Tāmaki Makaurau Appearances: Appellant self represented G Fraser for the respondent...

9. LCRO 88/2018 MC v OT (24 December 2018) [pdf, 225 KB]

   ...request. [37] Any request is considered by the Review Officer, with careful regard to the strict confidentiality provisions which apply to review hearings. 7 [38] A recent decision of the Supreme Court considered an application for leave to appeal a decision of the Court of Appeal which had declined a request by an applicant in proceedings before that court for release of a transcript of a hearing.1 [39] The decision provides useful guidance as to the approach the Courts have...

10. v2.3-Induction-guide-for-legal-aid-providers-April-2017.pdf [pdf, 714 KB]

    ...split into 4 approval levels (Criminal PAL 1-4) depending on the seriousness of the charge. Criminal legal aid may be available for a person: • charged with an offence that could result in them being sent to prison for 6 months or more • appealing their conviction or sentence. Criminal legal aid is less likely to be available for minor charges unless there are special circumstances such as difficulties with language, reading or writing, mental illness, or the interests of justi...