Search Results

1. Your guide to legal aid [pdf, 774 KB]

   ...represent you after the first day of your case. If you can’t afford a lawyer, you will need to apply for criminal legal aid for a lawyer to represent you for the rest of your case (eg a status/case review hearing, the trial, sentencing and any appeals). How much the duty lawyer can do for you will depend on your circumstances. If you face a minor charge and decide to plead guilty you probably won’t need another lawyer. If you face serious charges, the duty lawyer will deal with th...

2. Clearwater Cove Apartments Body Corporate 170989 v Auckland Council [2012] NZWHT Auckland 35 [pdf, 158 KB]

   ...clearance around the garage of Unit 2B, the unit owned by Petil Holdings Ltd. We dismissed the claim against Fletcher because no relevant act or omission by Fletcher occurred within the limitation period. The claimant and the Livi Trust have appealed our decision to the High Court. [6] The Council and Fletcher now seek costs pursuant to ss 91(1) (a) and (b) of the Weathertight Homes Resolution Services Act 2006 (the Act). The claimant opposes these applications. Relate...

3. [2017] NZEnvC 183 Doctors Flat Vineyard Ltd Rubicon Hall Road Ltd v Central Otago District Council [pdf, 4.2 MB]

   ci:;:L"o;t' "x:~~~ ~'~"" '\ "",j- '" ' I Cl BEFORE THE ENVIRONMENT COURT Court: IN THE MATTER AND BETWEEN AND Decision No. [2017] NZEnvC 183 of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act DOCTORS FLAT VINEYARD LIMITED & RUBICON HALL ROAD LIMITED (ENV-2017-CHC-16) Appellants CENTRAL OTAGO DISTRICT COUNCIL Respondent Environment Judge J R Jackson Environment Commission...

4. The Proprietors of Maraeroa C v NZ Forest Products Ltd (2007) 121 Waikato MB 258 (121 W 258) [pdf, 4.1 MB]

   ...Apa decision was of no relevance to the present case as the Chief Justice's comments were made in a quite different context. I disagree. The Ngati Apa decision had its genesis in an interim decision of the Maori Land Court. That decision was appealed to the Maori Appellate Court which then stated the case for the High Court. The High Court decision was then appealed to the Court of Appeal. Eight questions had been posed by the Maori Appellate Court, however the Court of Appeal...

5. [2021] NZACC 94 - Smith v ACC (1 July 2021) [pdf, 239 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 94 ACR 195/17 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN G SMITH Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 26 May 2021 Heard at: Invercargill/Waihōpai Appearances: The appellant on own behalf Mr Hunt for the respondent Judgment: 1 July 2021 _____________...

6. [2022] NZEmpC 194 Enterprise Motor Group (New Lynn) Ltd v A Labour Inspector of the Ministry of Business, Innovation and Employment [pdf, 267 KB]

   ...minimum wage order changed, the methodology would be the same but over a fortnight instead of a week. [35] EMG’s method created a dispute about whether it was impermissible averaging, which the full Court of the Employment Court and Court of Appeal rejected in Idea Services Ltd v Dickson as not complying with the Act.12 [36] An issue in Dickson was whether the employer had complied with the Act in the way it paid employees for sleepover work.13 The employer’s unsuccessful a...

7. [2021] NZACC 182 – Sutherland v ACC (16 November 2021) [pdf, 363 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 182 ACR 83/20 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN DEBORAH SUTHERLAND Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 27 October 2021 Heard at: Via AVL video link Appearances: Mr H Peart for the appellant Ms F Becroft for the respondent...

8. Webber v Webber - Motungarara A1B and A2 (2023) 468 Aotea MB 90 (469 AOT 90) [pdf, 305 KB]

   ...permanent injunction for actual or threatened trespass. The law relating to permanent injunctions was recently summarised by the Māori Appellate Court in this way:4 4 Peihopa v Peihopa - Kaikou H [2021] Māori Appellate Court MB 180 (2021 APPEAL 180) at [4]. 468 Aotea MB 98 (a) First, an applicant must prove the legal elements of trespass. Second, once the elements of trespass are made out, the court must consider whether to exercise its discretion to grant an injun...

9. Williams v Accident Compensation Corporation [2024] NZACC 118 (17 July 2024) [pdf, 210 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2024] NZACC 118 ACAR 148/23 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN LEE JAMES WILLIAMS Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 9 July 2024 Held at: Christchurch/Ōtautahi Appearances: P Tucker for the Appellant C Hlavac for the Accident Compensation Corp...

10. ENVC Hearing 6Oct14 TGKL case law 3 effects [pdf, 2.1 MB]

    DOUBLE SIDED Decision No, C\ <; 1 12003 IN THE MATTER of the Resource Management Act 1991 IN THE MATTER of an appeal under section 120 of the Act BETWEEN CLIFFORD BAY MARINE FARMS LIMITED (RMA 172/03) THE DIRECTOR GENERAL OF CONSERVATION (RMA 103/01) FIDENDS OF NELSON HAVEN AND TASMAN BAY (INC) (RMA 114/01) Appellants MARLBOROUGH DISTIDCT COUNCIL Respondent BEFORE THE ENVIRONMENT COURT Environment Judge J R Jackson (presiding) Environment Commissioner C E...