Search Results

1. [2020] NZEnvC 117 Swap Stockfoods Limited v Bay of Plenty Regional Council [pdf, 644 KB]

   ...are joined to this appeal ass 274 parties. REASONS Introduction [1] This appeal was filed on 24 April 2019, and relates to part of a decision by the Bay of Plenty Regional Council on Proposed Plan Change 13 (PC13) to the Regional Natural Resources Plan. [2] PC13 Topic 2: Handling of bulk solids material, which includes proposed Rule AQ R22, has been set down for hearing in the week of 19 October 2020. The application for waiver [3] On 13 July 2020 Glencore Agriculture (NZ) L...

2. Establishment of Canterbury Earthquakes Insurance Tribunal 30 January 2018 [pdf, 412 KB]

   ...analysis, and that this analysis has been independently assessed. 33. As a departmental document, a RIS summarises our advice on the impact analysis. Our analysis suggests that a combination of stand-alone mediation, and additional targeted resourcing to enhance existing support services, best meets the policy objective. Next Steps: Process and Timeframes 34. In your legislation bid to the Cabinet Legislation Committee, you indicated that you wish to introduce a Canterbury Earth...

3. Criminal Cases Review Commission Bill - Redacted [pdf, 221 KB]

   ...like the IPCA and the Human Rights Commission,1 but tailored to the CCRC’s specific operating context. The power to conduct thematic inquiries has financial implications 22. For completeness, and as indicated above, we also note that additional resourcing will be required for the CCRC to enable it to conduct thematic inquiries, to avoid the risk of distracting from its core mandate. 23. Immunities for Commissioners and other staff 24. Liability and immunities for Commissioner...

4. [2021] NZEnvC 123 Wyuna Preserve Residents Association Incorporated v Queenstown Lakes District Council [pdf, 303 KB]

   WYUNA PRAI v QLDC – FINAL DECISION 2021 IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2021] NZEnvC 123 IN THE MATTER of the Resource Management Act 1991 AND an appeal under clause 14 of the First Schedule of the Act BETWEEN WYUNA PRESERVE RESIDENTS ASSOCIATION INCORPORATED (ENV-2018-CHC-143) Appellant AND QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Environment Judge J J M Hassan Environment Commissioner J...

5. [2022] NZACC 39 – ACC v D (15 March 2022) [pdf, 231 KB]

   ...construed or interpreted and applied to the facts is a question of law … . [25] Even if the qualifying criteria are made out, the Court has an extensive discretion in the grant or refusal of leave so as to ensure proper use of scarce judicial resources. Leave is not to be granted as a matter of course. One factor in the grant of leave is the wider importance of any contended point of law … . [7] Section 20(1)(a) of the Act provides that a person has cover for a personal injur...

6. [2022] NZEmpC 21 Baillie v The Chief Executive of Oranga Tamariki - Ministry for Children [pdf, 222 KB]

   ...which provides a considerable safeguard in relation to his conduct, should he be reinstated pending determination of his claim. [31] Mr Baillie points to his loss of confidence from being excluded from the workplace, that Oranga Tamariki has the resources available to support Mr Baillie’s reinstatement, Mr Baillie’s willingness to move forward, and the difficulty for Mr Baillie in obtaining new employment. Mr Baillie also points to the lack of any agreement from Oranga Tamari...

7. 20231124-AG-BIM_Redacted_FINAL.pdf [pdf, 479 KB]

   ...Orders noted the then Attorney-General’s intention to consider whether there is a role for additional guidance in this area. We will advise you on these matters in due course. Any increase in post-introduction assessment of Bills would have resource implications that would need to be worked through. Declarations of inconsistency A declaration of inconsistency is a formal statement by a court or tribunal that an Act is inconsistent with a plaintiff’s fundamental human rights pro...

8. Lawyers-and-Conveyancers-Act-Lawyers_Kings-Counsel-Amendment-Regulations-2024.pdf [pdf, 521 KB]

   ...applicants to benefit from the surplus by being able to pay a reduced fee; 10.3 avoid a large increase in the fee to bring it back to cost recovery level once the surplus has been run down; and 10.4 avoid the need to expend policy and Cabinet resources on a further change to the fee within the next five years. 11 The timing for each round of King’s Counsel appointments is at the discretion of the Attorney-General. Applications are usually invited annually, in the first quarter of...

9. [2024] NZEmpC 139 Singh v Singh [pdf, 234 KB]

   ...grievance succeeds. [28] It is axiomatic that Miripiri is a separate and distinct legal personality from its director and sole shareholder.8 A leading decision on piercing the corporate veil is from the United Kingdom Supreme Court: Prest v Petrodel Resources Ltd, which has been applied in New Zealand.9 In that case, Lord Sumption analysed decisions in the United Kingdom on this subject before stating propositions with which the other 6 Presumably Gilford Motor Co Ltd v Horne [...

10. Murphy v ACC (Leave to appeal to the High Court) [2024] NZACC 71 [pdf, 210 KB]

    ...construed or interpreted and applied to the facts is a question of law … . [25] Even if the qualifying criteria are made out, the Court has an extensive discretion in the grant or refusal of leave so as to ensure proper use of scarce judicial resources. Leave is not to be granted as a matter of course. One factor in the grant of leave is the wider importance of any contended point of law … . [15] In Gilmore,5 Dunningham J stated: [55] I accept that, for the purposes of leave,...