Search Results

1. [2022] NZEnvC 206 Cossens v Queenstown Lakes District Council [pdf, 211 KB]

   ...instigating the Proposed Variation). He opines that in various ways QLDC has not followed sound practice in its approach to preparing the Proposed Variation. That included perceived weaknesses in its approach to consulting with the community to inform identification of landscape values. In his view, declarations a., c., d. and f have merit. Submissions Dr Cossens [19] Dr Cossens makes the following representations in support of his application and in opposition to strike out...

2. [2023] NZEmpC 136 Wiles v The Vice-Chancellor of the University of Auckland [pdf, 214 KB]

   ...and providing public commentary”, dated from the date that is five years prior to the date that the scope of the claim ends, being 24 August 2017. [5] The University objected to disclosure of the documents sought on the grounds that the information is irrelevant to the proceedings; disclosure of the documents would be injurious to the public interest; and that some of the documents are subject to legal professional privilege. [6] That led to Associate Professor Wiles challen...

3. [2024] NZEmpC 50 Atlas Concrete Limited v Hadfield [pdf, 200 KB]

   ...pursue a challenge to the Court. That is called an election (which I will refer to as an election to challenge). When a party makes an election to challenge, they must file a statement of claim. The statement of claim must be in the prescribed form. The election to challenge can be against the whole of the Authority’s determination or part of the Authority’s determination.9 [22] There are two kinds of challenges — those that are required by the plaintiff to be a full hea...

4. Smith - Pekapeka 2A1D2B (2023) 103 Tākitimu MB 287 (103 TKT 287) [pdf, 231 KB]

   ...main concern, however, was how the block could be best utilised for all of the owners. The Court was also concerned about the impact of the partition on the other owners of the block, and therefore adjourned the application to receive further information from the applicant concerning how the remainder of the block could be utilised if the partition was granted. [6] The application was next heard by the Court on 25 January 2022. The applicant provided to the Court further details o...

5. Wanikau-Chapman - Ngatiamaahuroa No.5 (2022) 246 Taitokerau MB 291 (246 TTK 291) [pdf, 232 KB]

   ...ample opportunity to take any steps that you could take to be represented in this matter and on that basis I am not going to adjourn today. [16] As Ms Palmer had already been given an opportunity to obtain legal advice, and failed to do so, her request for a further adjournment was declined. After hearing from both parties the decision was reserved. Ko te kōrero a Ms Wanikau-Chapman Case for Ms Wanikau-Chapman [17] Ms Wanikau-Chapman seeks that succession to the deceased’s inte...

6. DN v Accident Compensation Corporation (Impairment Assessment) [2024] NZACC 116 (16 July 2024) [pdf, 183 KB]

   ...area but to assess it as a physical impairment one needs data to demonstrate the degree of abnormality present. I do note that he was referred for anorectal physiology testing by Dr Frizelle but there is no record present of these having been performed. This area is therefore not scored here but if the tests do get performed this area would then be able to be scored. [9] On 10 March 2022, Dr Dominic Lim, Psychiatrist, assessed the appellant’s impairment for PTSD. Dr Lim’s a...

7. [2024] NZEnvC 191 Bridge v Central Hawke's Bay District Council [pdf, 242 KB]

   ...granted on its merits. I am mindful that the Trust’s delay in filing its s 274 notice is significant but largely due to counsel’s error. I find that the circumstances in this case are unique in that the appeal insofar as it is relevant to the request to rezone the land, has not been progressed. Further, as the rezoning and consent appeals are proposed to be case managed together and are closely related, it is efficient to enable the Trust to join the rezoning appeal. [38] For...

8. Hurricanes Crusaders Chiefs v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 128 [pdf, 266 KB]

   ...potentially being treated unfairly, given the previously low CU rates they were paying. [26] Counsel submits that Judge Spiller did not consider the applicants’ claim history in his analysis of the correct CU code, despite acknowledging claims history formed part of the CU code levy rate calculation. [27] Mr McBride responded that there is no established principle of law that those in the position of the applicants should not be placed in a risk class for high risk activities....

9. Better-outcomes-for-Victims-approvals-for-introducing-family-violence-legislation.pdf [pdf, 380 KB]

   ...Policy 2. The Victims of Family Violence (Strengthening Legal Protections) Legislation Bill ("the Family Violence Bill”) will strengthen the courts’ statutory powers to protect victims of litigation abuse in family proceedings. 3. The Bill forms one part of the Government’s cross-sector work programme to improve victims’ experiences in the courts [SWC-23-MIN-0020 and CAB-23-MIN-0107 refers]. It continues the Government’s largest ever investment in victims with a goal of...

10. [2023] NZEnvC 120 Dewhirst v Canterbury Regional Council [pdf, 4.5 MB]

    ...amend an enforcement order as follows: 321 Change or cancellation of enforcement order (1) Without limiting section 320(5), any person directly affected by an enforcement order may at any time apply to tl1e Environment Court in ilie prescribed form to change or cancel the order. (2) Sections 317 to 319 (which relate to notification, hearing, and decision) apply to every application under subsection (1) as if it were an application for an enforcement order. [17] Section 319(3)...