Search Results

1. OWRUG - EiC - H S Mackenzie (4 Feb 2021) [pdf, 11 MB]

   ...relation to PC7 and is all from my own and KCL’s experiences in regards to our latest consent. After 10 years of work, KCL lodged its replacement resource consent applications for the whole Kyeburn catchment in 2017. The consents were granted by appealed to the Environment Court by the Otago Fish and Game Council. We resolved that appeal following nearly 2 years of mediation and consent orders were granted by the Court on 31 October 2019: ENV-2017-CHC-63. I attach a copy of...

2. LCRO 112-2009 KO [pdf, 87 KB]

   ...triggered. It is clear that clear in that the application must “be lodged with the Legal Complaints Review Officer within 30 working days”. The cases are clear in showing that where the applicable rules set out the manner in which an application for appeal or review is to be brought those rules must be strictly complied with: Inglis Enterprises Ltd v Race Relations Conciliator (1994) 7 PRNZ 404; Dawson v Chief Executive Officer of the Ministry of Social Development [2007] NZCA 94;...

3. LCRO 112/2009 KO - Decision on Jurisdiction (4 September 2009) [pdf, 58 KB]

   ...triggered. It is clear that clear in that the application must “be lodged with the Legal Complaints Review Officer within 30 working days”. The cases are clear in showing that where the applicable rules set out the manner in which an application for appeal or review is to be brought those rules must be strictly complied with: Inglis Enterprises Ltd v Race Relations Conciliator (1994) 7 PRNZ 404; Dawson v Chief Executive Officer of the Ministry of Social Development [2007] NZCA 94;...

4. Three Strikes Legislation Repeal Bill [pdf, 404 KB]

   ...specified offences; 6.2 three strikes results in sentences that are excessive and disproportionate to the crimes committed; 6.3 there is no clear indication that three strikes deters individuals from committing qualifying offences; 6.4 the Court of Appeal has found sentences imposed under the law may contravene the Bill of Rights Act;2 6.5 the Courts already have the power to impose sentences equivalent to those imposed under the three strikes regime; and 6.6 three strikes disprop...

5. [2021] NZEmpC 110 Reid v Ngati Rangi Trust [pdf, 177 KB]

   ...settlement of the claim in the Authority “or any subsequent related proceedings (including any subsequent challenge to the Employment Court)”. The point is repeated several times in the letter of offer. It also is consistent with the Court of Appeal’s judgment in Bluestar Print Group (NZ) Ltd v Mitchell in which the Court of Appeal held it was necessary to take into account the Calderbank offer made before the Authority’s investigation meeting because it was for more than...

6. [2024] NZEnvC 172 Forbes v Far North District Council [pdf, 246 KB]

   ...September 2024 and the time and place are to be set by the Registrar; and (4) the parties will advise if they have any objections to Commissioner Leijnen conducting the mediation no later than 5pm on 22 July 2024. REASONS Introduction [1] This appeal relates to an abatement notice issued by the Far North District Council (Council) on 19 June 2024 in respect of a breach of covenant and resource consent condition in relation to a property at 282 Rangihoua Road, Kerikeri. The abatemen...

7. [2024] NZEmpC 33 Spring 2017 Ltd v Taifau [pdf, 184 KB]

   ...make payment as long ago as 23 August 2023, failed to do so, and sought a stay at the 11th hour and only after the bailiff became involved. Ongoing delays in making payment have clearly adversely impacted on the respondent. [10] As the Court of Appeal observed in Bathurst Resources Ltd v L&M Coal Holdings Ltd, orders for stay should be approached with restraint, being the least necessary to preserve the losing party’s position against the prospect of an appeal succeeding....

8. Guide to the MVDT for traders [pdf, 151 KB]

   ...Throughout the hearing, the adjudicator and the assessor will ask you and the applicant questions. The decision After the hearing, the Tribunal will issue a written decision. If you are dissatisfied with a decision given by the MVDT you can appeal to the District Court within 10 working days after notice of the decision is given to you. You should also refer to Schedule 1, clause 16 of the Motor Vehicle Sales Act 2003 and Part 18 of the District Court Rules 2014 to ensure tha...

9. OIA-121938.pdf [pdf, 780 KB]

   ...responding to part 1 of your request, it might be helpful to note that claims heard by the Tribunal are often complex and take time to prepare, hear and determine. The time taken for cases to be disposed in the Tribunal may be impacted by factors such as appeals in the High Court, judicial reviews, adjournments and settlement discussions. In response to question 1a of your request, the current average time from the filing to disposal by the Tribunal was 718 days as at 30 April 2025...

10. [2025] NZEmpC 224 Al-Bustanji v Corrections Assoc of New Zealand Inc [pdf, 206 KB]

    ...different matters.5 [10] I agree with the respondent that it is appropriate that the present costs application be dealt with now. The proceeding to which the application relates has been adjourned pending the outcome of the decision of the Court of Appeal in respect of my judgment declining the respondent’s application for a verification order.6 The hearing scheduled for 30 September and 1 October 2025 was adjourned on that basis. Given that it is now uncertain as to when th...