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1. [2022] NZACC 103 - Renton v ACC (31 May 2022) [pdf, 259 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 … . Submissions for Mr Renton [30] Counsel for Mr Renton submits that Judge McGuire erred...

2. [2022] NZACC 177 — Calzadilla v ACC (19 September 2022) [pdf, 255 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 … . [40] Section 3 of the Act provides that: The purpose of this Act is to enhance the pu...

3. Frankpitt v Accident Compensation Corporation (Leave to appeal) [2022] NZACC 200 [pdf, 218 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 24 May 2022 [35] Judge McGuire rejected the submission that...

4. H Ltd v MN & KN [2023] NZDT 656 (8 November 2023) [pdf, 309 KB]

   ...Contract Milking Agreement with MN and KN is terminated effective upon receipt of this letter for the following reasons: Failure to provide water to livestock Failure to milk all cows as agreed Effluent management that breaches the farm resource consent Farm walks not completed as agreed by 7 April 2023 46. As noted above, the Agreement allows a party to terminate if: a. The other party is in breach of “any of its obligations under this Agreement” and either: i....

5. Brunton v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 217 [pdf, 212 KB]

   ...[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 2 O’Neill v Accident Compensation Corporation [2008] NZACC 250. 10 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 … . [23] In Gilmore,3 Dunningham J stated: [55] I accept that, for the purposes of leave, i...

6. [2023] NZEnvC 278 Hanan and Banco Trustees v Queenstown Lakes District Council [pdf, 1.1 MB]

   HANAN & BANCO v QLDC – TOPIC 31 – McDONNELL ROAD – FINAL DECISION IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2023] NZEnvC 278 IN THE MATTER of the Resource Management Act 1991 AND appeals under clause 14 of the First Schedule of the Act BETWEEN E HANAN (ENV-2019-CHC-16) AND BANCO TRUSTEES, McCULLOCH TRUSTEES 2004 LIMITED AND OTHERS Appellants AND QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Envi...

7. [2023] NZEnvC 279 Trustees of Spruce Grove Trust v Queenstown Lakes District Council [pdf, 419 KB]

   ...TRUST & THE BOUNDARY TRUST v QLDC – STAGE 2, TOPIC 31, SUBTOPIC 4 GROUP 3 – MILLBROOK – DECISION IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2023] NZEnvC 279 IN THE MATTER of the Resource Management Act 1991 AND of appeals under clause 14 of the First Schedule of the Act against decisions of the Queenstown Lakes District Council on Stage 2 of the Proposed Queenstown Lakes District Plan BETWEEN TRUSTEES OF SPRUCE G...

8. [2023] NZEnvC 140 Crown Investment Trust v Queenstown Lakes District Council [pdf, 17 MB]

   CROWN INVESTMENTS TRUST v QLDC – TOPIC 31 CONSENT ORDER IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2023] NZEnvC 140 IN THE MATTER of the Resource Management Act 1991 AND an appeal under clause 14 of the First Schedule of the Act BETWEEN CROWN INVESTMENT TRUST (ENV-2019-CHC-66) Appellant AND QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Environment Judge J J M Hassan – sitting alone under s279 of the Act In Cham...

9. Feaver v Accident Compensation Corporation (Leave to appeal to High Court) [2024] NZACC 51 [pdf, 230 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 … . [29] In Gilmore,3 Dunningham J stated: [55] I accept that, for the purposes of leave,...

10. 2023-09-12-Evidence-of-Karen-Prouse-for-Prouse-Trust.pdf [pdf, 2.7 MB]

    ...Chambers Level 6, Huddart Parker Building 1 Post Office Square PO Box 117 Wellington 6011 T: 04 472 9026 ian.gordon@stoutstreet.co.nz BEFORE THE ENVIRONMENT COURT AT WELLINGTON IN THE MATTER of a direct referral of applications for resource consents and notices of requirement under sections 87G and 198E of the Resource Management Act 1991 for the 02NL project By the New Zealand Transport Agency Waka Kotahi STATEMENT OF EVIDENCE OF KAREN PROUSE...