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1. Stewart v Accident Compensation Corporation (Costs on discontinuance of appeal) [2023] NZACC 108 [pdf, 153 KB]

   ...have a two-fold purpose: (a) to compensate parties not in default who have truly wasted costs (including disbursements); and (b) to impose a sanction on a defaulting party in an effort to avoid future wastage of costs and of judicial and Court resources and disadvantage to other parties yet to be allocated trials. [10] In Commissioner of Inland Revenue v Livingspace Properties Limited,5 Justice Osborne stated: [14] While Mr Ho emphasises that any wasting of costs was not inten...

2. B Ltd v Council [2024] NZDT 709 (2 July 2024) [pdf, 151 KB]

   ...landowner. The determining factor in establishing the existence of the duty is the control over the land where the hazard arises; and • the duty on a statutory authority is to take the steps that a reasonable authority with similar hazards, powers and resources would have taken in the circumstances.” 9. As the owners of the adjoining land, I am satisfied that the Council had a duty of care to its neighbours including B Ltd to identify hazards on its land and to take reasonable steps...

3. TK v UU and ors [2024] NZDT 286 (16 February 2024) [pdf, 213 KB]

   ...find it was solely UU’s negligent actions that caused the loss of the deer. 17. In any event, there is no evidence to persuade me that TK breached the duty of a reasonable deer farmer by allowing his deer to escape. All parties agree deer are resourceful animals, with an ability to jump very high and get through small spaces. Fences can become damaged by falling trees or by stock crashing into them. There is no evidence to suggest that TK’s deer were getting out on a regular basis....

4. 20241211 Local Government Water Services Bill [pdf, 205 KB]

   ...involve imprisonment. The offences are public welfare regulatory offences, are logically connected to the maintenance of the integrity of New Zealand’s water infrastructure, and arise within a highly regulated environment. This is an important resource management system with a wide range of potential impacts that may arise through misuse, including significant public health and service delivery risks. For these reasons, we consider that the limitation on the presumption of innocence...

5. Berry & Ors as Trustees of the Burns Berry Trust v Lay [pdf, 301 KB]

   ...Group of Unit 8 17-Oct-02 Report by Joyce Group on Unit 8 10-Dec-02 E Berry advised Manning that bathroom repairs were starting 17-Dec-02 WHRS claim lodged by E Berry 13-Mar-03 Bathroom repairs completed on Unit 8 28-Mar-03 Application for Resource Consent – repairs Unit 8 (AC/03/01364) 01-Apr-03 Application for Building Consent – repairs Unit 8 (AC/03/02177) 01-Apr-03 WHRS Assessor only visit to Unit 8 10-May-03 WHRS Assessor’s report 15-Jun-03 Builder started work on...

6. E96 Phillip Ware - Contaminated Land & Groundwater - RE – Applicant [pdf, 9 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA ENV-2018-AKL-000078 IN THE MATTER of the Resource Management Act 1991 (RMA) AND IN THE MATTER of the direct referral of applications for resource consent for the necessary infrastructure and related activities associated with holding the America's Cup in Auckland BETWEEN PANUKU DEVELOPMENT AUCKLAND Applicant AND AUCKLAND COUNCIL Regulatory Authority REBUTTAL EVIDENCE OF PHILLIP...

7. Roberts - Te Touwai B19A1 (2015) 114 Taitokerau MB 131 (114 TTK 131) [pdf, 702 KB]

   ...whim of an adjoining owner” or dependent on the “courtesy and goodwill” of the adjoining owner is not reasonable access. (d) What is reasonably necessary to use and enjoy the land “in accordance with any right ... [or] consent under the Resource Management Act” is concerned with existing uses, not potential uses for which a land owner could apply for consent. (e) Reasonable access is not necessarily the same as the best access that could be achieved. Other access may be...

8. [2014] NZEmpC 134 Booth v Big Kahuna Holdings Ltd [pdf, 197 KB]

   ...to any conclusion reached about the seriousness of his conduct. [74] Mr Bowling concluded that the text messages were unwelcome and amounted to harassment, and that Mr Booth had lied about the telephone calls. The company was sufficiently well resourced to enable it to obtain legal advice, and it did. It could reasonably have been expected to carry out a full and fair inquiry. It fell well short in this regard. [75] Mr Cleary submitted that s 103A(3) simply requires the raisin...

9. Iwi panels technical appendix [pdf, 1.1 MB]

   ...iwi panels. The iwi panel team in Manukau comprises the manager, 7 panellists and 2 facilitators. Manager The manager of MUMA’s restorative justice project was seconded to manage iwi pane s’ development. Their facilitation skills and resources great y contribute to the pi ot’s success in Manukau. They knew tikanga Māori and practice, and had existing relationships within Māori communities which enabled them to engage and facilitate with offenders. Panellists There a...

10. Recommendations recap - issue 14 [pdf, 891 KB]

    ...https://coronialservices.justice.govt.nz/findings-and-recommendations/recommendations-recap/ 4 Child and Youth Mortality Review Committee Sudden unexpected death in infancy (SUDI): Special report (Wellington, June 2017) at 3. The report can be accessed at: https://www.hqsc.govt.nz/our- programmes/mrc/cymrc/publications-and-resources/ 5 Fern Hauck and Kawai Tanabe “International Trends in Sudden Infant Death Syndrome and Other Sudden Unexpected Deaths in Infancy: Need for Better Di...