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1. [2022] NZACC 9 - Herbst v ACC (25 January 2022) [pdf, 195 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 Appellant’s submissions [6] Ms Herbst questioned whether the District Court err...

2. [2021] NZEmpC 165 Bowen v Bank of New Zealand [pdf, 190 KB]

   ...evidence of her financial position. She says she has not been able to obtain employment since her employment with BNZ ended and is in receipt of the Job Seeker Benefit through Work and Income NZ. [11] She says the “significant disparity in resources” between her and BNZ also supports the Court exercising its discretion to order that costs lie where they fall. [12] Ms Bowen submits that she acted responsibly by replacing the disputed affidavit with one that did not contain th...

3. MOJ0120-PRINT.pdf [pdf, 764 KB]

   ...• Coroners Court • Environment Court • Employment Relations Authority (ERA) • Waitangi Tribunal • Human Rights Review Tribunal • Disputes Tribunal • Motor Vehicle Disputes Tribunal • Tenancy Tribunal • other tribunals (as resources permit) Who can speak Māori in a court or tribunal? The Māori Language Act 1987 states you can speak Māori in any legal proceedings, whether or not you are able to understand or communicate in English or any other language. Any of...

4. Waikato Bay of Plenty Standards Committee 2 v W [2014] NZLCDT 14 (1 April 2014) [pdf, 81 KB]

   ...maximum fine would have been $5,000.00 under the 1982 Act. It is our view that although the seriousness of this situation would normally demand the imposition of a fine, we consider that given the financial circumstances of Mr W that his meagre resources are better directed to costs and the costs of the proceedings. 5 [16] His circumstances, just in summary, are that he has no income because he is unable to work at the present time as a result of his illness which is ong...

5. [2024] NZEnvC 268 Gisborne District Council v China Forestry Group New Zealand Company Limited [pdf, 184 KB]

   ...Council v China Forestry Group New Zealand Company Limited & others IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TAMAKI MAKAURAU Decision [2024] NZEnvC 268 IN THE MATTER OF an application under s 316 of the Resource Management Act 1991 BETWEEN GISBORNE DISTRICT COUNCIL (ENV-2023-AKL-000159) Applicant AND CHINA FORESTRY GROUP NEW ZEALAND COMPANY LIMITED First Respondent YUXIA SUN Second Respondent WOOD MARKETING SERVICES LIMITED...

6. Sudden death from genetic heart disorder

   ...can make all practical and financial family arrangements. The CIDG investigation can take many months. Genetic tests take about 2–3 months, and organising the clinics and all the cardiac tests sometimes takes longer, depending on the health service resources and how widespread the family is. Do family members have to take part? No. This is a clinical service designed to help people find a cause of death for their family member, and screen them to see if they are also at risk. Attendance is st...

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7. Regulatory Impact Statement Human Rights Amendment Bill [pdf, 178 KB]

   ...with respect to these issues. The reason for this is that some human rights topics overlap with others. 29. The leadership role of the Chief Commissioner would become more effective because she or he would have more flexibility in deploying the resources of the Commission. 30. A potential disadvantage of this option is that people with specialised skills and experience might be deterred from applying for a Commissioner position, and advertising such a position might only attract gener...

8. [2012] NZEmpC 20 White & Others v Reserve Bank of New Zealand [pdf, 148 KB]

   ...contributions to the Fund as the actuary considered necessary to provide the benefits payable to members. [9] One of the witnesses the Court heard from was Mr Peter Cornish a director of Hay Group Limited. Hay Group was described as a global human resources consulting firm with over 2,000 professional staff in 47 countries. Mr Cornish has an impressive background, including a detailed and practical knowledge of remuneration issues faced by New Zealand employers, in particular by...

9. ENVC Hearing 6Oct14 DM expert Steve White [pdf, 135 KB]

   BEFORE THE ENVIRONMENT COURT IN THE MATTER of a notice of motion under section 87G of the Resource Management Act 1991 (Act) requesting the granting of resource consents to Waiheke Marinas Limited to establish and operate a marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf ENV-2013-AKL-000174 (DRAFT) STATEMENT OF EVIDENCE OF STEPHEN ERIC WHITE (ECOLOGY) ON BEHALF OF DIRECTION MATIATIA INCORPORATED AND OTHERS 25 July 2014...

10. Waitangi Tribunal - Remaining historical claims direction (22 September 2015) [pdf, 642 KB]

    ...of their grievances have been addressed in the respective district inquiry's evidential record of documents and Tribunal report. 38. The nexus between remaining historical claims and previous district inquiries, in particular their evidential resources and the Tribunal's reports on claims with similar issues, opens the door to a fast-track inquiry process. The process will focus on claims with grievances where a nexus can be demonstrated. 39. In outline, under the fast-track p...