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1. IN & SC v B Ltd [2020] NZDT 1640 (16 November 2020) [pdf, 169 KB]

   ...that has arisen from more than one factor. Mr C may be one of those factors. IN’s own way of doing business is another. 46. B Ltd only ever saw this as a stale claim from an experienced litigant and treated it accordingly. It presented a judgment of the Supreme Court (M v Collins & May [2019] NZSC 114) in which IN was denied leave to appeal out of time for a decision of the Court of Appeal to overturn a significant costs award made in the High Court that had originally bee...

2. Canterbury Earthquake Insurance Tribunal Annual Report 2022 to 2023 [pdf, 629 KB]

   ...of those have been appealed. The first, relating to the Tribunal’s costs jurisdiction, was partially upheld in a decision issued in December 2022. The second, a substantive appeal of orders made against an insurer, was heard in June 2023, and judgment was issued on 13 July 2023. The High Court denied leave to appeal, upholding the Tribunal’s substantive decision. No suppression orders have been made so far, but every endeavour is made to anonymise the identity of claimants to...

3. [2024] NZEnvC 099 Trustees of the Spruce Grove Trust v Queenstown Lakes District Council [pdf, 545 KB]

   ...Barnhill Corporate Trustee Limited v Queenstown Lakes District Council [2023] NZEnvC 91. 5 Environment Judge has the same powers that the District Court has in the exercise of its civil jurisdiction. Rule 11.10 DCR6 specifies (relevantly) that a judgment may be corrected by the court if it contains a clerical mistake or an error arising from an accidental slip or omission. I am satisfied with the explanation provided by counsel and determine that the omission of the parallel ame...

4. [2018] NZEnvC 205 Cossens v Queenstown Lakes District Council [pdf, 14 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2018] NZEnvC 205 of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act JOHN COSSENS (ENV-2017 -CHC-079) Appellant QUEENSTOWN-LAKES DISTRICT COUNCIL Respondent Court: Environment Judge J R Jackson Environment Commissioner J T Baines Hearing: at Queenstown on 1 and 2 August 2018 Final submissions received 12 September 2018 Appearance

5. YCAP - information sharing guide [pdf, 2.9 MB]

   ...share information safely and appropriately • know where to get more information and advice. 3 key points PROCEED WITH CAUTION When we make decisions about sharing information, we need to make sure we protect people’s privacy. Use your judgement. Think about what information you want to share, who you want to share it with and why you want to share it. REMEMBER – SAFETY TRUMPS PRIVACY You can share personal information without needing to get that person’s pe...

6. Tenants in Common of 19 Victoria Avenue v Easton Consultants Ltd [pdf, 37 KB]

   ...and are dismissed. 6.2 No other orders are made and no other orders for costs are made. NOTICE Pursuant to s.41(1)(b)(iii) of the WHRS Act 2002 the statement is made that if an application to enforce this determination by entry as a judgment is made and any party takes no steps in relation thereto, the consequences are that it is likely that judgment will be entered for the amount for which payment has been ordered and steps taken to enforce that judgment in accordance...

7. [2021] NZACC v Jones (5 August 2021) [pdf, 192 KB]

   ...AN APPLICATION TO RECALL DECISION BETWEEN CRAIG RICHARD JONES Applicant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: On the Papers Appearances: Applicant in person D Tuiqereqere for the respondent Judgment: 5 August 2021 ___________________________________________________________________________ JUDGMENT OF JUDGE AA SINCLAIR [On Application for Recall of Decision by Accident Compensation Appeal Authority] __________________________...

8. Rec-Recap-Q3-2022.pdf [pdf, 691 KB]

   Recommendations Recap A summary of coronial recommendations and comments made between 1 July and 30 September 2022 Office of the Chief Coroner | 2022 (3) i Coroners’ recommendations and comments Coroners perform essential functions within our society. They inquire into a range of unexpected deaths to establish the identity of the person who has died and the cause and circumstances of their death. While inquiring into a dea

9. [2018] NZEmpC 128 Blue Water Hotel Ltd v VBS [pdf, 435 KB]

   ...used to create jurisdiction if it does not otherwise exist. It is “to put valid proceedings back on the rails as it were, not to create the rails”.3 e) Previous cases have not expressed uniform views as to the scope of s 219; some of those judgments express or rely on obiter dicta. f) A general provision such as s 219 cannot reverse what the specific provision of s 114(6) provides. [14] Mr Govender, counsel for the defendant, submitted in summary: a) The use of the word ...

10. [2010] NZEmpC 41 Shortland v Alexander Construction Co Ltd [pdf, 38 KB]

    ...Authority BETWEEN JULIE SHORTLAND Plaintiff AND ALEXANDER CONSTRUCTION COMPANY LIMITED Defendant Hearing: 13 April 2010 (Heard at Hastings) Appearances: Trent Petherick, Counsel for Plaintiff Stuart Webster, Counsel for Defendant Judgment: 13 April 2010 ORAL JUDGMENT OF JUDGE A A COUCH [1] The plaintiff, Mrs Shortland, was employed by the defendant on terms which purported to be a fixed term agreement. In May 2008 that employment ended at the defendant...