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1. Lohr v Accident Compensation Corporation [2016] NZHRRT 31 [pdf, 306 KB]

   ...was the counter-foil to the closed bundle. Read together, the open and closed versions of the documents allowed ready verification of what had been withheld. [27] The Tribunal acknowledges the assistance it has received from both parties by the careful preparation of the documentary evidence. The presentation of the ACC closed bundle was exceptional in both layout and presentation. [28] Before making our findings on the open and closed evidence it is necessary to first identify the...

2. [2019] NZEnvC 094 Saville v Queenstown Lakes District Council [pdf, 3.2 MB]

   ...occurring above 500 feet, including: (i) Cumulatively with the effects of other existing or permitted helicopter activities above 500 feet? And (ii) Having regard to the objectives and policies of the relevant plan including those that seek to protect and maintain rural amenity. Submissions on behalf of the appellant (5] In a nutshell, the preliminary legal issue determines whether the effect of noise from a helicopter flying overhead above 500 feet (ft) is amenable to control u...

3. Brill v Real Estate Agents Authority (CAC 409) & Ors [2017] NZREADT 28 [pdf, 237 KB]

   ...of $7,000, and it reached the decision to impose that fine after balancing the mitigating factors advanced by the appellant against the serious nature of the conduct. He further submitted that the fine imposed is in accordance with both public protection and maintenance of proper standards, and entirely in accord with the established approach to penalty decisions. [24] Mr Mortimer further submitted that the penalty was not inconsistent with other penalty decisions, and was at an ap...

4. Te Manutukutuku Issue 31 [pdf, 5.3 MB]

   ...Land Court, form a new arm of government - the Department for Courts. The other managers in the Division have joined me in taking a positive view of the change. It's an opportunity to sharpen our responsibilities and plan workloads more carefully. But for claimants and other 'clients ' with whom we have regular contact, it will be business as usual. As always we extend a warm invitation to claimants to drop in and see us, perhaps even use some of our facilities,...

5. UI Ltd & IC Ltd v JU Ltd & UT Ltd [2020] NZDT 1463 (14 July 2020) [pdf, 250 KB]

   ...grade. borer typically wont live in white oak lumber because it is too dry…it is possible that the timber picked up some moisture? in NZ we do see borer attack occasionally in sapwood in white oak in use, but rare and usually when not coated and or protected…coat with boracure and or white spirits, and leave to dry out and then use.” 6. On the same day, Mr NW of UT/HU also emailed DH about the photographs and asked how many metres were being rejected so that a credit could be gi...

6. [2023] NZEnvC 056 Waikanae Land Company Limited v Heritage New Zealand Pouhere Taonga [pdf, 397 KB]

   ...2022. It includes a proposal to list the site that is the subject of these proceedings (and an area of land around the site) as a new wahi tapu area. Council has included this in PC2 as a new qualifying matter. 5. The new wahi tapu listing ostensibly protects historic heritage, and therefore has immediate legal effect for the purposes of \X/LC's consent application. It does not change the activity status of \X/LC's proposal, but it triggers the application of additional policie...

7. NZBORA Advice COVID19 Public Health Response Extension of Act and Reduction of Powers Amendment Bill updated for publication.pdf [pdf, 232 KB]

   ...requirements enabled under clause 8 of the Bill may engage section 22 of the Bill of Rights Act, which affirms that everyone has the right not to be arbitrarily arrested or detained. The purpose of the right not to be arbitrarily detained is the protection of human dignity, autonomy, and liberty.8 42. Where an enactment is inconsistent with section 22, there can be no role for justification under section 5 of the Bill of Rights Act. Rather, the term “arbitrarily” is intended to...

8. Air New Zealand Ltd v Lavender (Work Related Gradual Process Injury) [2024] NZACC 26 [pdf, 200 KB]

   ...out only the larger aerosol particles whereas the N95 traps both large and small. He is wrong in implying that masks are ineffective as a barrier, however, and even at the height of the COVID-19 epidemic here the wearing of N95 masks in health care workers was confined to those deemed at higher risk. [14] On 17 October 2022 and 13 February 2023, review proceedings were held. On 16 February 2023, the Reviewer quashed Air New Zealand’s decision dated 14 December 2021 declining...

9. [2017] NZEnvC 037 Wellington Fish Game Council v Manawatu-Wanganui Regional Council [pdf, 3.7 MB]

   ...Manawatu-Wanganui Regional Council A E Day B J Matheson for Fonterra Co-operative Group Ltd and for DairyNZ Ltd P R Gardner for Federated Farmers of New Zealand M W Black representing Mauri Protection Agency T H Bennion for Water and Environmental Care Association Inc DECISION ON APPLICATION FOR DECLARATIONS Decision issued: !l' March 2017 Declarations made - see para [186] Costs reserved 2 Introduction [1] In an application dated 16 September 2016, as amended in Novem...

10. [2021] NZEnvC 175 Shaw v Hamilton City Council [pdf, 2.5 MB]

    ...their land, which is necessary for potential solutions to be explored. From HCC’s perspective, this is contrary to prior undertakings to provide access. Significantly, there is now insufficient time to properly explore potential accommodation to protect the Objectors bird park prior to mediation. (d) The mediation took place on 1 December 2020 and did not result in resolution. (e) An evidence exchange timetable was agreed. However, the Shaws did not submit any further evidence....