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1. [2019] NZEnvC 123 Schwartfeger v Northland Regional Council [pdf, 2.5 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2019] NZEnvC l 2. 3 of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act J K & H E SCHWARTFEGER (ENV-2018-AKL-000390) Appellants NORTHLAND REGIONAL COUNCIL Respondent Court: Judge J A Smith sitting alone pursuant to s279 of the Act and s285 Submissions: J K and H E Schwartfeger for themselves M G Conway and S K Lenin for Northland...

2. Forests (Regulation of Log Traders and Forestry Advisers) Amendment Bill [pdf, 167 KB]

   ...environmental and climate change conditions for New Zealand. 5. Specifically, the Bill provides for: a. compulsory registration of individual forestry advisers providing one or more specified services related to the management, harvesting, or sale of forest resources or forest land; b. compulsory registration of entities seeking to purchase, process, or export logs grown in New Zealand; LEGAL ADVICE LPA 01 01 24 c. the Ministry of Primary Industries (MPI) to act as the Forestry...

3. [2018] NZSSAA 034 (18 July 2018) [pdf, 132 KB]

   ...says the second option should only apply where the Ministry has fully disclosed the implication of backdating and the SBO option. [18] The appellant has produced documentation to show that in the 2013 budget, the Ministry received additional resources to allow it to test more applicants for NZS for their eligibility for an overseas pension entitlement. He argues that the Ministry targeted people in his situation as a revenue gathering exercise. [19] He says he felt pressure to...

4. [2018] NZEmpC 136 Mathews v Bay of Plenty District Health Board [pdf, 174 KB]

   ...second, the Bay of Plenty District Health Board objects to evidence contained in the briefs of evidence filed by and on behalf of the plaintiff, Dr Mathews. Application for leave to call witness by AVL [2] Ms Wallace is a former human resources associate at the Bay of Plenty District Health Board and its relevant predecessors. Her evidence is clearly relevant to the matters in issue in these proceedings. [3] Ms Wallace has sworn an affidavit in support of the applicatio...

5. [2020] NZREADT 13 - Beatson - Ruling on costs (1 May 2020) [pdf, 97 KB]

   ...expediency and efficiency. Any shortcomings that the approach suffers from through lack of true applicability to the individual cases before, is made up for by a system which resolves cost disputes promptly and with the expenditure of a minimum of resources. It is part of a wider system of cost fixing that it was decided was appropriate in the High Court regime and does not necessarily provide wider guidance to other Tribunals which are, of course, not operating in that environment...

6. 2021-12-02 ORC - MOC - re PC1 Chapter 7 (Landfills) & PC8 Part H [pdf, 138 KB]

   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 and Plan Change 1, being part of a proposal of national significance directed by the Minister for the Environment to be referred to the Environment Court under section 142(2)(b) of the RMA AND IN THE MATTER of an application under section 149T of t...

7. [2021] NZEmpC 189 Lye v ISO Ltd [pdf, 178 KB]

   ...bargaining has stalled on the issue of an availability provision. MUNZ made an unsuccessful offer to ISO to attempt to deal with the availability provision proposed to be included in a collective agreement. Dean Carter, ISO’s General Manager Human Resources, acknowledged at the hearing earlier this year that the collective agreement ISO offered to MUNZ was very much in line with the individual employment agreement Mr Lye has with the company. No significant changes were being p...

8. [2021] NZACC 72 - Stryder v ACC (5 May 2021) [pdf, 137 KB]

   ...A request from a party is not sufficient to warrant production of a transcript. The matter remains within the discretion of the Judge. As preparing a transcript of anything but the shortest of hearings will involve a significant use of Court resources, good reasons should be shown before an order to prepare a transcript is made. [10] In this case the appellant has already had the benefit of having received from the Court a transcript of the hearing which would not normally witho...

9. [2022] NZACC 74 – Williams v ACC (4 May 2022) [pdf, 211 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 … . 2 O'Neill v Accident Compensation Corporation [2008] NZACC 250. 5 The ap...

10. [2022] NZEmpC 175 Invacare New Zealand Ltd v Pyne [pdf, 193 KB]

    ...statement of claim, which was served one day before the last day for filing a challenge. [8] Having received the statement of claim Mr Purtill sought further advice from the company’s legal counsel and then sought additional input from a human resources manager and others within the organisation. He later gave instructions to seek leave to file a cross challenge out of time. An application for leave was filed nine days after the statement of claim was served on the company....