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1. [2020] NZEnvC 127 Lindis Catchment Group Incorporated v Otago Regional Council [pdf, 236 KB]

   LINDIS PC5A – COSTS DECISION BEFORE THE ENVIRONMENT COURT AT CHRISTCHURCH I MUA I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2020] NZEnvC 127 IN THE MATTER of the Resource Management Act 1991 AND of Plan Change 5A to the Regional Plan Water for Otago BETWEEN LINDIS CATCHMENT GROUP INCORPORATED (ENV-2016-CHC-61) Appellant AND OTAGO REGIONAL COUNCIL Respondent Court: Environment Judge J R Jackson Environment Commissioner K A Edmonds Environment...

2. [2020] NZEmpC 24 CBA v ONM [pdf, 327 KB]

   ...plaintiff is now entitled. Full scale costs? [45] However, Mr Henderson submitted that standing back full scale costs should be awarded in any event. This would be justified, he said, having regard to the disparity between the parties – a well-resourced government organisation on the one hand, and a vulnerable employee on the other. He also suggested that the delay was so egregious as also to warrant “full scale costs”.

3. [2019] NZEmpC 109 Downer New Zealand Limited v Livingston [pdf, 256 KB]

   ...wrote a combined email to the parties in relation to suitable dates. Mr Livingstone confirmed his availability by way of email dated 16 October 2017 and said that he wished to have two other matters addressed at mediation. He copied the Human Resources manager into the email, who responded by requesting that Mediation Services ask Mr Livingstone to provide full details of his further claims, otherwise the company would only attend mediation to respond to the matters lodged in the...

4. Proactive release – Government response to the Justice Committee report Inquiry into the 2017 General Election and 2016 Local Elections [pdf, 832 KB]

   ...be considered as part of the comprehensive review. Recommendations relating to agencies’ funding for their activities in reducing or raising awareness of foreign interference risks will be taken into account when determining agency resources. The proposed comprehensive review of electoral law will consider electoral advertising on social media and whether there is a need for greater transparency. Broader work on the regulation of social media platforms could be considered...

5. [2021] NZEnvC 188 Hamilton City Council v Global Metal Solutions Limited [pdf, 253 KB]

   Hamilton City Council v Global Metals Solution Ltd IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2021] NZEnvC 188 IN THE MATTER OF of the Resource Management Act 1991 AND of an application for enforcement orders pursuant to s 316 of the Act BETWEEN HAMILTON CITY COUNCIL (ENV-2019-AKL-000319) Applicant AND GLOBAL METAL SOLUTIONS LIMITED First Respondent AND CRAIG VERNON TUHORO Second Respondent Court: Jud...

6. [2021] NZEnvC 195 Canyon Vineyard Limited v Central Otago District Council [pdf, 913 KB]

   IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KOTI TAIAO O AOTEAROA KI OTAUTAHI IN THE MA TIER AND BETWEEN AND AND Decision No. [2021] NZEnvC 195 of the Resource Management Act 1991 an appeal under s120 of the Act THE CANYON VINEYARD LIMITED (ENV-2019-CHC-13 7) Appellant CENTRAL OTAGO DISTRICT COUNCIL Respondent BENDIGO STATION LIMITED Applicant Court: Environment Judge PA Steven Environment Commissioner M C G Mabin Hearing: Date of Decision: Date of...

7. Trustees-Role-and-Duties.pdf [pdf, 349 KB]

   ...there is a specific direction in the trust order. When setting up the trust or managing any developments, the trustees may require regular meetings. If there is little or no business to attend to, meeting unnecessarily may be a drain on the trust’s resources. GIVING NOTICE When the need arises, any trustee can call a meeting. For practical reasons, it is advisable to provide trustees two to three weeks’ notice of meetings to allow them to make business and travel arrangements. The...

8. [2021] NZEnvC 144 - Coneburn Preserve Holdings Limited and Others v Queenstown Lakes District Council [pdf, 658 KB]

   CONEBURN PRESERVE HOLDINGS LTD & OTHERS v QLDC – TOPIC 22 – SECOND INTERIM DECISION IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2021] NZEnvC 144 IN THE MATTER of the Resource Management Act 1991 AND an appeal under clause 14 of the First Schedule of the Act BETWEEN CONEBURN PRESERVE HOLDINGS LIMITED & OTHERS (ENV-2018-CHC-137) Appellants AND QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Environmen...

9. LCRO 114/2021 DY v WJ (20 August 2021) [pdf, 152 KB]

   ...said to apply to people from any vulnerable or marginalised group interacting with lawyers and the court system. [64] My observation is that lawyer training (that is, from law school through to professionals bodies) in 2021, devotes considerable resources to raise awareness about and provide training in dealing with communities whose life experiences make them vulnerable to prejudice, being overlooked and becoming marginalised as a result. Section 205 of the Lawyers and Conveyancers...

10. Black v Accident Compensation Corporation (Leave to appeal) [2022] NZACC 202 [pdf, 243 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 … . The Court’s judgment of 19 May 2022 [20] Judge McGuire noted that while the issue on...