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1. Decision [2017] NZEnvC 57 (dated 20 April 2017) – Confidentiality Order [pdf, 331 KB]

   BEFORE THE ENVIRONMENT COURT Decision No. [2017] NZEnvC IN THE MATTER of the Resource Management Act 1991 AND of an appeal pursuant to s 120 of the Act BETWEEN BLUESKIN ENERGY LIMITED (ENV-2016-CHC-47) Appellant AND DUNEDIN CITY COUNCIL Respondent Court: Environment Judge J E Borthwick Sitting alone under section 279 of the Act In Chambers at Christchurch Date of Order: Date of Issue: 20 April 2017 20 April 2017 CONFIDENTIALITY ORDER OF THE ENVIRONMENT COURT A:...

2. Complaints Assessments Committee 403 v Misa NZREADT 11 [pdf, 176 KB]

   ...imposed for similar conduct, in similar circumstances. That said, the penalty imposed in any particular case must be appropriate for the particular circumstances of that particular case. [28] Mrs Parker set out, at paragraph [22], above, the matters that gave rise to Mr Misa’s concern regarding the complainant. We accept Ms Paterson’s submission that Mr Misa should have addressed those concerns in the period before the auction, rather than in the final stages of the auc...

3. Hawke’s Bay Standards Committee v Hill [2017] NZLCDT 40 [pdf, 158 KB]

   ...practice. [9] We move to consider the submission that we should strike-off Mr Hill, which is the most serious sanction that this Tribunal can impose. [10] We were referred to the decisions of Iosefa,3 Watt,4 Murray5 and Kelly.6 The first two matters had been considered by His Honour Judge Crosbie, at Mr Hill’s sentencing. His Honour found that Mr Hill’s conduct was worse than that of either Mr Watt or Mr Iosefa. His Honour said7: “[35] … Your offending involved greate...

4. Mangu v Trustees of Te Runanga a Iwi o Ngapuhi [2019] Chief Judge's MB 1449 (2019 CJ 1449) [pdf, 164 KB]

   ...brought by or on behalf of any person who is materially affected by the determination appealed from, or who would be bound by an order made in pursuance of it. (3) The Maori Land Court may decline leave where it is satisfied that the interests of justice and of the parties would best be served by completing the proceedings before any appeal is made to the Maori Appellate Court. (4) When leave to appeal is so given, the Maori Land Court may either stay further proceedings in the...

5. HLL Ltd v RO [2018] NZDT 1133 (6 July 2018) [pdf, 88 KB]

   ...transferred to the District Court in 2011, but were not pursued in that forum. The Trust re-lodged the claim in the Disputes Tribunal in 2014, but for an unknown reason, the claim was not heard until December 2015. Again, it is not clear why the matter was delayed, but there was no substantive hearing of the claim until February 2017. After three hearings, a decision was made on 23 October 2017 that OL Trust owed HLL the sum of $15,000.00. However, due to ill health, Mrs RO had be...

6. Reuben - Allotments 170-176 Parish of Manurewa [2020] Chief Judge's MB 5 (2020 CJ 5) [pdf, 191 KB]

   ...once again stating the grounds on which he seeks orders. In addition, Mr Reuben notes that land belonging to Mr Nicholas which was subject to the forfeiture order had been listed for sale. Mr Reuben requests, in addition to a decision on the current matters, that an interim injunction issue to prevent sale of the land. Law [17] The Registrar’s power to refuse an application for filing is set out at r 4.10 of the Rules: 4.10 Registrar may refuse to accept proceeding or other doc...

7. Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Bill [pdf, 126 KB]

   LEGAL ADVICE LPA 01 01 24 16 March 2020 Hon David Parker, Attorney-General Consistency with the New Zealand Bill of Rights Act 1990: Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Bill Purpose 1. We have considered whether the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Bill (‘the Bill’) is consistent with the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990 (‘th...

8. CU v DN Ltd [2019] NZDT 1420 (9 September 2019) [pdf, 229 KB]

   ...The second guarantee of fitness for purpose applies where a consumer has made known the purpose for which the goods have been bought, or for any particular purpose for which the supplier states they will be fit. 10. As the applicant in this matter, it is CU’s obligation to prove that it is more likely than not that the mower failed to meet these standards. 11. It was established that prior to CU purchasing the mower, that he engaged with DN on several occasions to discuss the...

9. Auckland Standards Committee 4 v Holdaway [2023] NZLCDT 8 (6 April 2023) [pdf, 150 KB]

   ...practice failings. Because it was filed on the morning of the penalty hearing, the Standards Committee has had no opportunity to test this material. [11] Ms Holdaway has been concerned throughout that information about her circumstances and medical matters should not be available in the public arena. As recorded in our September 2022 decision, we advised her of our practice in suppressing sensitive material5 (except where it is so material it must be shared), but she has remaine...

10. [2023] NZEnvC 248 Eden Epsom Residential Protection Society Incorporated v Auckland Council [pdf, 213 KB]

    ...of PC78 in our suburb; and that we later lodged a further submission supporting some prime submissions and opposing others. [7] The present applicants shortly afterwards approached me through the Registrar, suggesting I recuse. I considered matters in detail and advised them I maintained my earlier (then tentative) view I should not recuse, and saying that if they wished to pursue the request, they should make a formal application. The subsequent formal application and supporting...