Search Results

1. 2023-10-11-Rebuttal-Evidence-of-L-Dalzell.pdf [pdf, 241 KB]

   ...thaddeus.ryan@buddlefindlay.com Tel 64 4 044 620450 Fax 64 4 499 4141 PO Box 2694 DX SP20201 Wellington 6011 ENVIRONMENT COURT OF NEW ZEALAND WELLINGTON REGISTRY I MUA I TE KOOTI TAIAO O AOTEAROA TE WHANGANUI-A-TARA ENV-2023-WLG-000005 Under the Resource Management Act 1991 In the matter of the direct referral of applications for resource consent and notices of requirement under sections 87G and 198E of the Act for the Ōtaki to North of Levin Project By Waka Kotahi...

2. Howard v Accident Compensation Corporation (Interpretation of decision) [2024] NZACC 41 [pdf, 239 KB]

   ...another kind of complaint cannot disguise its true nature. … 5 Howard v Accident Compensation Corporation [2014] NZSC 2431. 6 Howard v Accident Compensation Corporation [2017] NZACC 76. 4 [25] It is of serious concern that precious court resources continue to be taken up in advancing essentially the same argument in different forms. This litigation may justify an application under s 166 of the Senior Courts Act 2016, which is intended to restrain the unwarranted and vexatio...

3. Soulsby v Accident Compensation Corporation (Leave to appeal to the High Court) [2024] NZACC 204 (11 December 2024) [pdf, 272 KB]

   ...true and only reasonable conclusion on the evidence contradicts the decision. (f) Even if the qualifying criteria are established there remains an extensive discretion in the grant or refusal of leave 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. ACAR 19/23: back-dated weekly compensation [10] This appeal concerns the Corporation’...

4. [2023] NZEnvC 185 Regina Properties Limited v New Plymouth District Council [pdf, 392 KB]

   IN THE ENVIRONMENT COURT AT NEW PLYMOUTH I TE KOTI TAIAO O AOTEAROA KINGAMOTU IN THE NIA TIER OF BETWEEN AND Decision No. [2023] NZEnvC 185 an appeal under s 120 of the Resource Ivfanagement Act 1991 REGINA PROPERTIES LIMITED (ENV-2021-AK.L-000146) Appellant/ Applicant NEW PLYMOUTH DISTRICT COUNCIL Respondent Court: Environment Judge B P Dwyer sitting alone under s 279 of the Act Hearing: On the papers in Wellington Last case event: 23 February 2023 Date of D...

5. OIA-119557.pdf [pdf, 2.2 MB]

   ...(selectcommittees.parliament.nz) The inquiry looked at local government bylaws, with a key focus on enforcement. It noted the issue that bylaw breaches often end up as “ghost offences” because the majority can only be enforced through court prosecution and the resources required to do this are frequently out of proportion with the level of offending. There is a provision in the Local Government Act for regulations to make bylaw breaches infringement offences, but this has rarely been used...

6. Policy Framework for New Infringement Schemes [pdf, 84 KB]

   ...defendant has the benefit of a discounted penalty, no possibility of conviction and, despite the diminution of their legal rights, avoids the time and cost involved in a court hearing. c. The justice system does not need to devote judicial and court resources to determining whether each offence has occurred. The Court system does, however, become involved where the unpaid infringement fee is filed for enforcement or the infringement notice is challenged by the defendant. 8. A...

7. NH & UH v SD Ltd [2024] NZDT 666 (4 September 2024) [pdf, 250 KB]

   ...SD Limited says that the amount NH and UH seek for a replacement sign is huge and is not justified. She notes that the [Sign-making Company 1]’s quote presented by NH and UH is for a sign that is bigger in size than the Sign, and will trigger a resource consent application which will incur more costs. She does not believe that traffic management and an engineer’s report will be required in the circumstances, so is of the view that the $2,750.00 allowance for an engineer’s report in...

8. Proactive-release-Changes-to-the-Proceeds-of-Crime-Fund-settings-Cabinet-Paper_FINAL.pdf [pdf, 775 KB]

   ...s6(b)(i) SILATAV Line SILATAV Line I N C O N F I D E N C E 8 I N C O N F I D E N C E Human Rights 45 The proposals in this paper are consistent with the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993. Use of external Resources 46 No external resources were used for this paper, or are needed to implement the proposals in this paper. Consultation 47 The following agencies were consulted: The Department of Corrections; the New Zealand Police; the Mini...

9. Zhang v James Cook Hotel Ltd (Strike Out) [2025] NZHRRT 2 [pdf, 247 KB]

   ...turn his opinion into a political one, meaning the difficulty his claim faces cannot be overcome. [34] It follows it is also appropriate to exercise our discretion under s 115A(1)(a) to strike out this claim. The Hotel should not have to expend resources to defend a claim which has no prospect of success. [35] We turn now to consider Mr Zhang’s applications to strike out counsel and hold Lane Neave in contempt. WHETHER TO STRIKE OUT COUNSEL OR HOLD LANE NEAVE IN CONTEMPT...

10. BS v KC & DC [2024] NZDT 489 (11 June 2024) [pdf, 243 KB]

    ...fencing around a heritage listed property. The Council has confirmed that there are no rules about the type of fence that has been built. However, the Council has advised that a 1.5m high fence is permitted around a heritage listed home, and so a resource consent approval is required for a fence to exceed that height because of the heritage status of KC and DC’s fence. The Council said that if the neighbours agree on a higher fence, up to 2m, then they can apply for a “deemed permitte...