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1. LCRO 85/2016 BA v FE [pdf, 280 KB]

   ...Committee members allowed them to conclude from the limited material before it, that Mr FE’s fees were fair and reasonable. After all, Standards Committee members who are lawyers are appointed to that role because of their “skill experience and judgement to deal with and make appropriate decisions in respect of complaints”.13 [89] However, neither the Committee’s file nor its reasoning contains sufficient information for this Office to have confidence in the process by whic...

2. [2018] NZEnvC 133 Director General of Conservation v Thames Coromandel District Council [pdf, 17 MB]

   ...the Resource Management Act 1991 of an appeal pursuant to Clause 14 of the First Schedule to the Act DIRECTOR-GENERAL OF CONSERVATION (ENV-2016-AKL-000149) Appellant THAMES-COROMANDEL DISTRICT COUNCIL Respondent Principal Environment Judge LJ Newhook Environment Commissioner RM Dunlop Environment Commissioner K Prime (at July hearing) Environment Commissioner RM Bartlett Dr M Gerth - Special Advisor at July hearing at Thames, 27 November 2017, and 9 July 2018 Ms T Cross...

3. [2018] NZEmpC 79 Hines v Eastland Port Ltd [pdf, 513 KB]

   ...April and 24 April 2018 (heard at Auckland, Wellington and Gisborne) Appearances: P McBride and F Lear (on 4 and 11 April 2018), counsel for plaintiff E J Brown, counsel for defendant Judgment: 16 July 2018 JUDGMENT OF JUDGE J C HOLDEN [1] On the morning of 30 March 2017, the fishing trawler, Seamount Explorer, hit an ice tower on a wharf at Eastland Port, in Gisborne. Captain Hines was the pilot on duty at the Port. He was not on board the Seam...

4. [2021] NZEnvC 052 Rangitane O Tamaki v Manawatu-Wanganui Regional Council [pdf, 3.2 MB]

   ...1991 BETWEEN RANGITANE O TAMAIZI NUI-A­ RUA INCORPORATED AND AND (ENV-2019-WLG-000018) JOHN BENT (ENV-2019-WLG-000019) Appellants :MANAWATU-WANGANUI REGIONAL COUNCIL Respondent TARARUA DISTRICT COUNCIL Applicant Environment Judge BP Dwyer Environment Commissioner J A Hodges On the papers Mr D Allen and Ms E Bennett for the Tararna District Council (TDC) Mr N Jessen for the Manawatu-Wanganui Regional Council (Regional Council) Mr A Warren for Rangitane o Tamaki...

5. Samuels v Matauri X Incorporation - Matauri X Incorporation (2007) 120 Whangarei MB 52 (120 WH 52) [pdf, 9.4 MB]

   ...BETWEEN DOVERSAAaUELS AND 2, 3, 6 July 2007 (Heard at Whangarei) Applicant MATAURI X INCORPORATION Respondent Appearances: Mr Greg Davis for the applicant Ms Deidre Watson for the respondent Judgment: 5 November 2007 RESERVED JUDGMENT OF JUDGE D J AMBLER Introduction [I] This is yet another chapter in the unfortunate saga of Matauri X Incorporation's ("the Incorporation") ill-fated investment in Eternal Waters Limited. The applicant, Dover Samuels, is a s...

6. [2017] NZEmpC 115 Schollum and Hastings v Corporate Consumables Ltd [pdf, 598 KB]

   ...Defendant Hearing: 27 - 30 March 2017 (Heard at Wellington) Appearances: S C Langton and R M Tomkinson, counsel for plaintiffs S Cates and C Cartwright, counsel for defendant Judgment: 27 September 2017 JUDGMENT OF JUDGE K G SMITH [1] When Mary Schollum and Jonathan Hastings took annual holidays from their work for Corporate Consumables Ltd they were paid holiday pay calculated using their annual salaries. Excluded from that calculation was...

7. [2021] NZEnvC 009 Goodwin v Wellington City Council [pdf, 2.1 MB]

   ...of Resource Management Act 1991 BETWEEN D GOODWIN, F CLOSE, P OLVER & C HORROCKS (ENV-2020-WLG-000007) Appellants AND WELLINGTON CITY COUNCIL Respondent AND WELLINGTON ZIPLINE ADVENTURES LIMITED Applicant Court: Environment Judge B P Dwyer Environment Commissioner D J Bunting Hearing: 5-7 October 2020 Final submissions: 23 October 2020 Appearances: M J Slyfield for the Appellants N M H Whittington for the Respondent T P Robinson for the Applicant Dat...

8. Bacic v Tulip Holdings Limited (in liq) [pdf, 110 KB]

   ...Mr and Mrs Bacic have established that they relied on the Council to carry out inspections competently throughout the construction process. [64] The Council submits that it can only be liable for defects that a reasonable Council officer, judged according to the standards of the day, should have observed during the course of the inspection. They acknowledge that they should have picked up the flat top balconies and top fixed rails during the inspections and accordingly acc...

9. [2021] NZEmpC 8 Commissioner of Police v New Zealand Police Assoc Inc [pdf, 464 KB]

   ...Hearing: 28, 29 and 30 September 2020 (Heard at Wellington) Appearances: H Kynaston and L Grey, counsel for plaintiff S Hornsby-Geluk and H Dwyer, counsel for defendant Judgment: 11 February 2021 JUDGMENT OF JUDGE B A CORKILL Introduction Background [1] At issue is the interpretation of a longstanding term of collective employment agreements relating to Police Constables of the New Zealand Police (Police). Since 2006, the material clause...

10. 2019 to 2024 Ministry of Justice statement of intent [pdf, 2.3 MB]

    ...the court system and to support judicial decision-making. Administrative support includes providing employees in the registries, transcription services, finance, ICT, human resources and funding for continuing legal education and development for judges. In delivering services, we recognise the importance of the constitutional requirements of the independence of the judicial function, and support the judiciary to ensure this is preserved and maintained. The courts must be, and must be...