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1. Disputes Tribunal Annual Report for 12 months to 31 December 2024 [pdf, 1.3 MB]

   ...Disputes Tribunal Act 1988. If enacted, this amendment will increase the jurisdiction of the Tribunal to $60,000.00. The Tribunal worked hard throughout 2024 to be ready, should this decision be made. I am incredibly proud of the commitment and care that my 65 colleagues have shown to their parties, and their pursuit of timeliness, accuracy and good judgement in their facilitation and adjudication. I am very grateful to the Chief Justice, Helen Winkelmann, for her unwavering suppo...

2. 2021-10-22 ORC PC7 - [2021] NZEnvC 164 - Interim Decision [pdf, 1 MB]

   OTAGO REGIONAL COUNCIL – PLAN CHANGE 7 – INTERIM DECISION IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2021] NZEnvC 164 IN THE MATTER of the Resource Management Act 1991 AND of a notice of motion under section 149T(2) to decide proposed Plan Change 7: Water for Otago (referred to the Environment Court by the Minister for the Environment under s 142(2)(b) of the Act) BETWEEN OTAGO REGIONAL COUNCIL (ENV-2020-CHC-127)

3. Te Ohu Kaimoana Trustee Limited v Te Rūnanga nui o te Aupōuri - application under s 182(4) Māori Fisheries Act 2004 (2015) 102 Taitokerau MB 1 (102 TTK 1) [pdf, 314 KB]

   ...to seek to redress perceived wrongs that bear no relationship to the Fisheries Settlement. [27] Counsel for Te Aupōuri stresses that it is clear that the coastline allocation methodology is one based on the Treaty principles of recognition and protection of iwi rangatiratanga, the right to control iwi assets and redress for past breaches. In this context, it would be difficult to see how a determination could be other than on the basis of iwi customary rights and interests in the...

4. [2017] NZEnvC 216 Mackenzie District Council [pdf, 9.2 MB]

   BEFORE THE ENVIRONMENT COURT OF NEW ZEALAND I MUA I TE KOOTI TAIAO 0 AOTEARAROA Court: IN THE MATTER AND BETWEEN Decision No. [20171 NZEnvC 216 of the Resource Management Act 1991 of an application for declarations pursuant to section 311 of the Act MACKENZIE DISTRICT COUNCIL (ENV-2017 -CHC-70) Applicant Environment Judge J R Jackson Environment Commissioner J R Mills Hearing: at Christchurch on 25 October 2017 Final submissions received 10 November 2017 Appearanc

5. [2017] NZEnvC 058 Hokio Trusts v Manawatu-Wanganui Regional Council [pdf, 4 MB]

   ...~~}('\. b rJ ~ . Between Horowhenua (11) Lake Trust*, Muaupoko V ibWWI Authorit (MTA) ~rtdHorlzons ~ cU1 . *referred to as Lake Horowhenua Trust throughout the document Purpose The purpose of this protocol Is: • • To manage and protect the integrity of "known" and "unknown" archaeological sites from damage and loss. To maximise the opportunity to retrieve physical and archaeological evidence from disturbed sites. In cases where sites clearly are...

6. Evaluation of Wanganui community-managed restorative justice programme [pdf, 637 KB]

   ...2003). In conventional criminal justice systems, professionals representing the state make the decisions about how to respond to the offending. In contrast, restorative justice processes provide for victims, offenders and their ‘communities of care’ (Braithwaite, 1989) to come to decisions about how best to deal with ‘their’ offence. Restorative justice processes operate differently within and across different countries. Allison Morris (2002) has argued that there is no singl...

7. [2024] NZEnvC 194 Connor [pdf, 1.4 MB]

   Connor - Direct Referral IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2024] NZEnvC 194 IN THE MATTER OF an application pursuant to s 87G of the Resource Management Act 1991 (RMA) for resource consent to demolish an existing dwelling and construct a new dwelling and additional structures at 22 Crescent Road, Epsom, Auckland BETWEEN C CONNOR (ENV-2024-AKL-025) Applicant AND AUCKLAND COUNCIL Consent Authority Court: Ju

8. [2021] NZACC 106 - Panui v ACC (28 July 2021) [pdf, 620 KB]

   ...medical records state that swabs taken on the first occasion grew staphylococcus aureus which was sensitive to Flucloxacillin. Mr Panui was commenced on IV Flucloxacillin. He remained in hospital until he was transferred to his GP for ongoing care on 2 August 2013. He was followed up at outpatients on 20 December 2013 at which time he still had pain but there was no infection. He was discharged to Dr Faraj for any follow up care. 2015 [8] On 26 October 2015 Mr Panui was a...

9. [2024] NZEnvC 048 KiwiRail Holdings Limited [pdf, 5.3 MB]

   RE KIWIRAIL HOLDINGS LTD IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2024] NZEnvC 048 IN THE MATTER OF the direct referral of applications for resource consents and notices of requirements under s 87G and s 198E of the Resource Management Act 1991 for the Drury West (Ngākōroa) Station Project BETWEEN KIWIRAIL HOLDINGS LIMITED (ENV-2023-AKL-000048) Applicant AND AUCKLAND COUNCIL Consent authority Court: E

10. CAC 10063 v Raj [2012] NZREADT 37 [pdf, 101 KB]

    ...required by s.110 of the Act but also (were it necessary, which it is not) beyond all reasonable doubt. Accordingly, this situation is disturbing in terms of the aims and objects of the Act as set out in s.3(1) of the Act namely: “To promote and protect the interests of consumers in respect of transactions that relate to real estate and to promote public confidence in the performance of real estate agency work.” [120] Under s.3(2) that is to be achieved by, inter alia, regulati...