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1. Millar v Ministry of Social Development (Referral back to Human Rights Commission) [2014] NZHRRT 45 [pdf, 42 KB]

   ...would appear that no or no real attempt has hitherto been made to engage with the mediation process offered by the Human Rights Commission. Before parties embark on what is likely to be substantial litigation involving the deployment of considerable resources, mediation should be attempted to either settle the case or to facilitate a better understanding of the opposing party’s case. This, in turn, will allow more focussed pleadings before the Tribunal and the avoidance of unnecessary...

2. 2017-NZEnvC-048 Okura Holdings Limited v Auckland Council [pdf, 165 KB]

   ...Forest and Bird do not claim to be unduly prejudiced by introduction of a new party to the proceedings at this time. [7] They are nevertheless concerned that there is already a complex range of issues needing to be addressed, and significant resources will need to be committed to progressing those issues through cases management, the preparation of evidence and ultimately to substantive hearing. [8] The Society and Forest and Bird are concerned that introduction of a new party m...

3. [2020] NZEmpC 130 Tolson v Potter [pdf, 188 KB]

   ...accept that the amount sought is fair. [6] He makes two principal points: (a) The times allocated for various steps seem excessive – Mr Tolson points to the time allocations for filing memoranda as an example. (b) He has limited resources and it would be unfair to order him to pay the amount now claimed. He raises the issue of access to justice and notes that the amount sought exceeds his annual superannuation. [7] He says he turned down the Calderbank offer b...

4. [2019] NZEmpC 107 Suncorp New Zealand Employees Ltd v Timms [pdf, 219 KB]

   ...redundancy compensation. Leave was granted to apply if the quantum issue could not be resolved. The plaintiff says that its challenge is directed at liability and that it would be an inefficient use of both the parties’ time and the Authority’s resources to apply to the Authority in respect of quantum while a challenge to liability is on foot. Further, the Authority has not yet determined costs and may not need to do so depending on the outcome of the challenge. It is also s...

5. How to manage changeovers, new partners and step-families [pdf, 313 KB]

   Changeovers and helping children move between two homes A Parenting Through Separation programme factsheet. M O J0 56 7C _O C T1 8 To find out more, go to justice.govt.nz/family/resources 1. What to expect at changeover between parents • Young children may be clingy, cry or put up a fight. • Older children may complain and not want to go. 2. Understand why your children may be upset about moving between homes • It’s hard for your children to leave you behind. They love...

6. 2022-03-02 Minute - PC8 - re conducting PC8 (Urban Provisions) hearing + COVID-19 protocols [pdf, 132 KB]

   ORC PC8 – MINUTE 2 MARCH 2022 IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI IN THE MATTER of the Resource Management Act 1991 AND of a notice of motion under section 149T(2) to decide proposed Plan Change 8: Water for Otago (referred to the Environment Court by the Minister for the Environment under s142(2)(b) of the Act) BETWEEN OTAGO REGIONAL COUNCIL (ENV-2020-CHC-128) Applicant ______________________________________________________...

7. [2021] NZACC 48 - Phelps v ACC (15 March 2021) [pdf, 189 KB]

   ...NZLR 339, 353-354 (CA); Edwards v Bairstow [1995] 3 All ER 48, 57. [25] Even if the disqualifying criteria are made up, 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 e.g. Jackson v Kenyon above. The applicant’s case [9] • Mrs Phelps...

8. 2021-07-09 ORC - MOC- re PHC [pdf, 128 KB]

   447585.45#5377771v1 IN THE ENVIRONMENT COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY I TE KŌTI TAIAO O AOTEAROA ŌTAUTAHI ROHE ENV-2020-CHC-128 UNDER the Resource Management Act 1991 (RMA) IN THE MATTER of the Omnibus Plan Change - Plan Change 8 being part of a proposal of national significance directed by the Minister for the Environment to be referred to the Environment Court under s 142(2)(b) of the RMA AND IN THE MATTER of an application under s 149T of the RMA...

9. [2021] NZEmpC 145 WN v Auckland International Airport Ltd [pdf, 182 KB]

   ...situation and other matters that are currently being dealt with, for the parties’ energies to be focussed on the challenge rather than attending mediation. The hearing is on Monday, so six days away. I accept that there is a pressure on time and resource but this needs to be weighed against the potential value of mediation – a point I return to. [14] I accept that the application for a stay is being pursued in good faith. 2 Assured Financial Peace Ltd v Pais [2010] NZEmp...

10. [2021] NZEnvC 138 Upper Clutha Environmental Society Incorporated v Queenstown Lakes District Council [pdf, 147 KB]

    QTN PLAN APPEALS – TOPIC 2 – INTERIM DECISION 2.10 IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2021] NZEnvC 138 IN THE MATTER of the Resource Management Act 1991 AND appeals pursuant to clause 14 of the First Schedule of the Act BETWEEN UPPER CLUTHA ENVIRONMENTAL SOCIETY INCORPORATED (ENV-2018-CHC-056) and all other appellants concerning Topic 2 of Stage 1 of the Proposed Queenstown Lakes District Plan (listed on t...