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1. Proactive release - Security Information in Proceedings Legislation Bill.pdf [pdf, 2.2 MB]

   ...cases involving information claimed to risk national security if disclosed, although infrequent, continue to highlight the gaps and uncertainties in the law, with strongly contested procedures and interim findings.5 The processes adopted and interim judgments in those cases have been considered in developing the proposals I am putting forward. Recent cases provide helpful insight into the practicalities of balancing the protection of NSI with non-Crown parties’ interests. They also provide im...

2. OTAGO REGIONAL COUNCIL v NGA RUNANGA - NOE 10-13 May 2021.pdf [pdf, 2.1 MB]

   1063 OTAGO REGIONAL COUNCIL v NGA RUNANGA Ors NOE ENV CROMWELL 2021 NOE (1) 20210510 COURT RESUMES ON MONDAY 10 MAY 2021 AT 3.00 PM SITE VISIT – NO EVIDENCE CALLED 5 1064 OTAGO REGIONAL COUNCIL v NGA RUNANGA Ors NOE ENV CROMWELL 2021 NOE (1) 20210510 COURT RESUMES ON TUESDAY 11 MAY 2021 AT 9.34 AM THE COURT: JUDGE BORTHWICK Good morning Ms Mehlhopt for the Regional Council. Mr Page, who are you for? I know you’ve put OWRUG. Anybody else because

3. Regulatory Impact Statement all-of-Government Response to Organised Crime [pdf, 331 KB]

   ...Intelligence Unit (FIU). However, the information that is reported can be limited due to the subjective and disparate nature of reports that are based on suspicion. This can be a problem because they are: 82.1. subjective – they are based on judgements made by reporting entities so suspicious transactions have the potential to go unnoticed, and secondly, a single report excludes a large set of supporting information; and 13 82.2. disparate – they are based on a reporting en...

4. Hingston v Hiroti [2016] Chief Judge's MB 672 (2016 CJ 672) [pdf, 316 KB]

   ...made at 108 Aotea MB 247-248 on 1 October 2011 BETWEEN CYRUS GREGORY TAUAHIKA HINGSTON Applicant AND STANLEY BERNARD ERUINI HIROTI Respondent Hearing: 17 June 2016, 143 Waiāriki MB 130-159 (Heard at Rotorua) Judgment: 27 July 2016 RESERVED DECISION OF DEPUTY CHIEF JUDGE C L FOX 2016 Chief Judge’s MB 673 Introduction [1] This application filed by Cyrus Hingston (the applicant) pursuan...

5. [2023] NZEnvC 079 Royal Forest and Bird Protection Society of New Zealand Incorporated v Dunedin City Council [pdf, 456 KB]

   RF&B v DCC IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2023] NZEnvC 79 IN THE MATTER of the Resource Management Act 1991 AND an appeal under clause 14(1) of the First Schedule of the Act in relation to the Dunedin City District Plan BETWEEN ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV-2018-CHC-287) Appellant AND DUNEDIN CITY COUNCIL Respondent Court: Environment Judge P A Steven En

6. [2023] NZEnvC 055 New Zealand Transport Agency v Waikato Regional Council [pdf, 472 KB]

   ...required to consider whether both the ‘work’ as proposed and the ‘designation’ as a planning method are reasonably necessary for achieving the objectives of the requiring authority. It is well settled that in doing so, the Court cannot pass judgement 63 Rebuttal evidence of Tony Innes, dated 25 August 2022, at [20]. 64 Rebuttal evidence of Tony Innes, dated 25 August 2022, at [22]-[24]. 65 Rebuttal evidence of Tony Innes, dated 25 August 2022, at [25]-[28]. 66 Rebuttal evid...

7. [2023] NZEnvC 021 Regina Properties Ltd v New Plymouth District Council [pdf, 611 KB]

   ...shading effects while not specifically referenced in the matters of discretion do relate to the amenity of the area and the qualities and characteristics of the area that contribute to peoples' appreciation of its pleasantness. I have made a judgment call in respect of what are considered to be shading effects, which are more than minor, and have made it based on the matters and concerns highlighted by submitters, and after considering the expert evidence on this matter. In...

8. Proactive-release-Legal-Services-Amendment-Bill_FINAL.pdf [pdf, 1.8 MB]

   ...circumstances of an offender is a core element of sentencing.4 Section 27 of the Sentencing Act states that an offender may request that the Court hear any persons called by the offender to speak about: 2 This increase coincides with guideline judgments from the appellate courts highlighting the relevance of the offender’s background, including their cultural background, at sentencing (see for example Keil v R [2017] NZCA 563 at [56]-[58]; Solicitor-General v Heta [2018] NZHC 2453 [...

9. [2017] NZEmpC 77 Idea Services Ltd v Crozier [pdf, 413 KB]

   ...advised that Ms Crozier could suffer a sudden and severe deterioration, and that should this occur, she would be physically unable to work, “probably for a few days”. Given the onset of winter, it would be too difficult to make a predictive judgement as to Ms Crozier’s fitness to continue working full-time. But it was also inappropriate to class her as medically unfit, since she had just managed three full-time months without major issue. She suggested there be a further r...

10. [2016] NZEmpC 136 Xtreme Dining Ltd t/a Think Steel v Dewar [pdf, 391 KB]

    XTREME DINING LIMITED TRADING AS THINK STEEL v LEIGHTON DEWAR NZEmpC CHRISTCHURCH [2016] NZEmpC 136 [31 October 2016] IN THE EMPLOYMENT COURT CHRISTCHURCH [2016] NZEmpC 136 EMPC 73/2016 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN XTREME DINING LIMITED TRADING AS THINK STEEL Plaintiff AND LEIGHTON DEWAR Defendant Hearing: Court: 26 and 27 July 2016 (heard at Christchurch