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1. Proactive release - Amendments to the District Court Rules 2014 and High Courts Rules 2016 [pdf, 597 KB]

   ...waiver of the 28-day rule. Compliance 14. The regulatory changes comply with each of the following: 14.1. the principles of the Treaty of Waitangi; 14.2. the rights and freedoms contained in the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993; 14.3. the principles and guidelines set out in the Privacy Act 1993; 14.4. relevant international standards and obligations; and 14.5. the Legislation Guidelines (2018 edition), which are maintained by the Legislation...

2. [2018] NZEnvC 171 Genera Limited v Bay of Plenty Regional Council [pdf, 3.1 MB]

   ...educated and had participation rights into the use of methyl bromide in the region. It seeks to ensure that fumigant users adhere to the limits in the Montreal Protocol due to the significant adverse effects of methyl bromide on the environment and on human health. I understand this to be a reference to The Montreal Protocol on Substances that Deplete the Ozone Layer, being a protocol to the Vienna Convention for the Protection of the Ozone Layer, to both of which New Zealand is a par...

3. Criminal Cases Review Commission Bill: Approval for Introduction [pdf, 223 KB]

   ...[SWC-18-MIN-0087 and CAB-18-MIN-0370]. Compliance 27 The Bill complies with the following: 27.1 the principles of the Treaty of Waitangi; 27.2 the rights and freedoms contained in the New Zealand Bill of Rights Act 1990 (the Bill of Rights Act) and the Human Rights Act 1993. There are implications for the Bill of Rights Act in the Bill. The information-gathering powers engage section 14 (freedom of expression) and section 21 (unreasonable search and seizure). However, the policy obj...

4. [2018] NZSSAA 59 (19 November 2018) [pdf, 213 KB]

   ...in a car in these circumstances was plainly very distressing, it also exposed the appellant to the risk of further complications or death. In our view, leaving the appellant to live in his car in these circumstances was incompatible with his human dignity. This is not a case where the appellant chose to live in his car, he regularly pled for assistance from the Ministry. 6 c) Second, we consider the situation from the point of view of New Zealand society. To deprive an...

5. ME & NN v QU Ltd [2021] NZDT 1494 (5 May 2021) [pdf, 200 KB]

   ...or high water levels, flood, tropical storms or hurricanes. The clause doesn’t limit an ‘Act of God’ or force majeure condition to these events. However, I find that the geological and weather events listed are too different from a contagious human illness such as the COVID19 pandemic, and therefore it is not reasonable to include a pandemic. In any event, I find that this clause is not clear enough to prevent the contract from being frustrated if the disruption is significant enough...

6. [2023] NZEnvC 032 Crafar v Taupo District Council [pdf, 282 KB]

   ...means of recovering his costs if he wins by ordering or security. 7 An important point about access to justice in the context of security for costs was made by Kós J in Highgate on Broadway Ltd v Devine:5 Access to justice is an essential human right. The cost of exercising that right is the payment of costs in the event of failure. The right of a successful defendant to costs in that event is arguably subordinate to the plaintiff's right to be heard. Strong social polic...

7. Judge v Care Park New Zealand Limited [2023] NZHRRT 10 [pdf, 154 KB]

   ...Judge incurred numerous parking tickets and Care Park disclosed information relating to the parking tickets, but not Mr Judge’s name to Wintec. 1 This decision is to be cited as Judge v Care Park New Zealand Limited [2023] NZHRRT 10. IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2023] NZHRRT 10 I TE TARAIPIUNARA MANA TANGATA 2 [2] Care Park managed the Wintec car park in accordance with a Car Park Enforcement Agreement (the Agreement). The background to the Agreement is set out b...

8. [2022] NZEmpC 60 The Chief of New Zealand Defence Force v Darnley [pdf, 200 KB]

   ...contrary, the Court noted that those factors did not preclude her from engaging in job-seeking activities from as early as 27 March 2019 and attending various job interviews (within the 90-day period). It was also noted that she was an experienced Human Resources practitioner and would have been well aware of the 90- day time period for raising a grievance. In view of those considerations, the Court found that the delay was not occasioned by exceptional circumstances and that it was...

9. District-Court-Electronic-Filing-Amendment-Rules-2023.pdf [pdf, 368 KB]

   ...13:07:58 I N C O N F I D E N C E Compliance 16 The regulatory changes comply with each of the following: 16.1 the principles of the Treaty of Waitangi; 16.2 the rights and freedoms contained in the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993; 16.3 the principles and guidelines set out in the Privacy Act 2020; 16.4 relevant international standards and obligations; and 16.5 the Legislation Guidelines (2021 edition), which are maintained by the Legislation Design...

10. [2024] NZEnvC 011 Swap Stockfoods Limited v Bay of Plenty Regional Council [pdf, 198 KB]

    ...Council (Regional Council) on Proposed Plan Change 13 (Air Quality) to the Operative Bay of Plenty Regional Natural Resources Plan (PC13). [2] The case is primarily about the management of dust in the Mount Maunganui Airshed (MMA) to protect the human health and mauri of the air. PC13 contains provisions to address the management of dust. The Court’s Interim Decisions [3] On 10 January 2023 this Court issued its First Interim Decision.1 It sought submissions on a number of p...