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1. [2018] NZEnvC 176 Burgoyne v Northland Regional Council [pdf, 193 KB]

   ...for waiver Te ROnanga 0 Ngai Takoto submitted the following: Te ROnanga 0 Ngai Takoto is one of 17 members of the Group (the applicant in the proceedings) and is also tangata whenua. There was uncertainty as to whether each individual applicant forming the Group was required to join the proceedings as an individual party, or whether their interests could be represented through the join position of the Group. While the Group will be presenting a joint case as the applicant in the app...

2. LCRO 209/2016 YH v SM (27 November 2018) [pdf, 144 KB]

   ...2016, [4]. 2 At [10]. 3 Issue 1: Did Mr SM give incorrect advice in relation to the issue of Court proceedings by Mrs YH and if so, did his conduct constitute either unsatisfactory conduct or misconduct? Issue 2: Did Mr SM by agreeing to a request from opposing counsel to put Mrs YH’s proceedings on hold allow Mr YH proceeding “to catch up” so that matters could be dealt with together, constitute conduct which is either unsatisfactory conduct or misconduct? [14] The Co...

3. Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua Claims Settlement Bill [pdf, 1.3 MB]

   ...consistent with articles 14 and 27 of the International Covenant on Civil and Political Rights, which are comparable to ss 20 and 27(2) of the Bill of Rights Act.4 Whether s 27(3) at issue 9. Clause 24(3) of the Bill excludes damages and other forms of monetary compensation as a remedy for any failure by the Crown to comply with a protocol under the Bill. 10. This clause may be seen to raise the issue of compliance with s 27(3) of the Bill of Rights Act, namely the right to bring ci...

4. [2022] NZEnvC 040 Upper Clutha Environmental Society Incorporated v Queenstown Lakes District Council [pdf, 187 KB]

   ...6.3.3.3.18 [14] We are satisfied with QLDC’s explanation. Outcome [15] Having considered the proposed amendment, the associated submissions, the evidence of Ms Hutton and QLDC’s memoranda, the court is satisfied it is appropriate to make the requested direction to effect the changes sought to the PDP. Directions are made accordingly. Directions [16] Under ss 279(1)(b), 290(2) and 293 RMA, QLDC is directed to: (a) amend the PDP by incorporating Pol 6.3.3.3 as set out in...

5. 2021-11-03 Fish & Game - Legal submissions - PC8 - primary sector hearing [pdf, 149 KB]

   ...in the short term, but which will be reviewed along with the entire Water Plan when the LWRP is developed. 14 Much remains to be considered and decided before the LWRP comes into existence. The recently notified PORPS 2021 is not in its final form and may undergo significant amendment through the review process, and the process of identifying attributes and setting discharge and allocation limits for FMU has not be undertaken. Until we have the complete picture of the NPS-FM, t...

6. [2021] NZEmpC 223 UXK v Talent Propeller Ltd [pdf, 217 KB]

   ...regard to the second category of directions – not mentioned by Mr Upton in his costs submissions – UXK’s challenge succeeded in full. The second category of directions were set aside. [29] Mr Upton also submitted that the problems as to the form of the Authority’s directions should not result in a costs liability as far as TPL is concerned. [30] However, the Court must approach the assessment of costs on the basis of the way in which the challenge was run for TPL. It wa...

7. OD Ltd v TM Ltd [2015] NZDT 1491 (29 January 2015) [pdf, 251 KB]

   ...timber set aside for OD Ltd is lost and can no longer be delivered. Therefore I find that TM Ltd must refund the money paid by OD Ltd for the timber. Referee: E Paton-Simpson Date: 29 January 2015 Page 4 of 4 Information for Parties Rehearings On application of a party to the proceedings, the Disputes Tribunal may order a rehearing of the proceedings, on such terms as it thinks fit. If you wish to apply for a rehearing, you can obtain an applica...

8. AODT-Court-Information-for-lawyers [pdf, 349 KB]

   ...it to the judge. Counsel should also give the defendant a copy of the AODT Court Participant Handbook and the AODT Court Participant Agreement to inform them about what is involved in being an AODT Court participant. You can find AODT Court forms and resources on the Ministry’s website: www.justice.govt.nz/about/lawyers- and-service-providers/legal-aid-lawyers/the-alcohol-and-other-drug-treatment-court-aodt/ http://www.justice.govt.nz/courts/criminal/specialist-courts/alcohol-a...

9. [2021] NZEmpC 156 Butt v Attorney-General sued on behalf of the Ministry of Health [pdf, 238 KB]

   ...Record of Settlement entered, that they have fulfilled the terms of that settlement, and that there are no grounds to set it aside. [5] The plaintiffs oppose that application and have filed affidavits by Mrs Sushila Butt and Ms Paula Wilson, their former counsel, in support of their opposition. [6] The defendants applied to the Court for an order that the affidavit of Mrs Butt not be read to the extent that it contains evidence which is: 1 EMPC 396/2019. 2 Minimum Wage A...

10. Annexure 6 - Schedule 10A.4 [pdf, 183 KB]

    ...irrigation. What role does the current ORC guidance document play in the application of the Schedule when it is not referred to in the Schedule? [17] The initial response was that an updated guidance document was required but that it should not form part of PC7. Later, on the basis that the 12th JWS contained an objective method for removing atypical data from irrigation use records, the experts agreed that a guidance document would not be required for applications to be evaluat...