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1. [2020] NZEmpC 85 Labour Inspector v Cypress Villas Ltd [pdf, 184 KB]

   ...to take a “steely approach” to the issue of costs. [12] One aspect of a Calderbank offer, of course, is to direct the opposing party’s attention towards the issue of the risks of trial and to not impose unnecessarily upon the Court’s resources. In the present case, another factor to be taken into account using hindsight is that during the course of the hearing it soon became apparent that one of the main planks of the Labour Inspector’s pleaded claim, that Mr Brill negoti...

2. LCRO 78/2019 EW v PT and AM (3 February 2021) [pdf, 142 KB]

   ...the Committee,6 as distinct from the Complaints Service itself. [30] Nevertheless, when looked at objectively, it was logical to separate Mr EW’s complaints in the manner adopted by the Complaints Service: • [Law Firm A] did not have the resources available to them to provide advice about leases or franchise agreements. • Mr AM referred Mr EW to Mr RD for that advice. • Mr RD’s firm was [Law Firm B]. • Mr RD provided separate terms of engagement. • Mr EW was...

3. King v Attorney-General (Application to Remove Proceedings to High Court) [2017] NZHRRT 10 [pdf, 215 KB]

   ...litigation of this potential magnitude there is good reason to concentrate the hearings in one jurisdiction. This can only be done by removing the proceedings from the Tribunal to the High Court. [19] Finally, there is the point that grossly under-resourced as it is, the Tribunal presently has no ability to offer a liability hearing until 2018 or 2019. 7 CONCLUSION [20] Should the High Court grant leave under s 122A(1) of the HRA for the Tribunal to order that all eight of...

4. Hamilton Runs Ltd - EiC - EiC (filed 5 Feb 2021) [pdf, 3.3 MB]

   ...have high rates of burn out and stress, which have the potential to lead to depression and other forms of mental illness, as well as suicide. We have invested in irrigation improvements, taking on this debt to ensure we are using the precious water resource in the most efficient way. We have real concerns which are impacting the mental health of our family members - we have sleepless nights worrying about renewal of consents and what the outcome of PC7 will do to our ability to repay the...

5. 05-02-2021 Aotearoa New Zealand Fine Wines Estates Ltd evidence [pdf, 880 KB]

   IN THE ENVIRONMENT COURT AT CHRISTCHURCH I MUA I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI IN THE MATTER of a referral under s 142(2)(b) of the Resource Management Act 1991 BETWEEN OTAGO REGIONAL COUNCIL Applicant AND AOTEAROA NEW ZEALAND FINE WINE ESTATES LIMITED PARTNERSHIP Submitter EVIDENCE IN CHIEF OF NICHOLAS JAMES PAULIN 5 February 2021 Solicitor: HR Bodle, Greymouth...

6. Territorial Authorities - EiC - P R Greenwood -Planning (4 Feb 2021) [pdf, 1.6 MB]

   BI-936714-365-9-V4 BEFORE THE ENVIRONMENT COURT CHRISTCHURCH REGISTRY ENV:2020-CHC-127 In the Matter of the Resource Management Act 1991 And a notice of motion under section 149T(2) to decide proposed Plan Change 7 to the Regional Plan: Water for Otago. Between OTAGO REGIONAL COUNCIL Applicant And Clutha District Council, Waitaki District Council, Queenstown Lakes District Council, Dunedin City Council, and Central Otago District Council Section 274 Parties...

7. ANZFW – EiC – N J Paulin (5 Feb 2021) [pdf, 880 KB]

   IN THE ENVIRONMENT COURT AT CHRISTCHURCH I MUA I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI IN THE MATTER of a referral under s 142(2)(b) of the Resource Management Act 1991 BETWEEN OTAGO REGIONAL COUNCIL Applicant AND AOTEAROA NEW ZEALAND FINE WINE ESTATES LIMITED PARTNERSHIP Submitter EVIDENCE IN CHIEF OF NICHOLAS JAMES PAULIN 5 February 2021 Solicitor: HR Bodle, Greymouth...

8. HY v RB & YR [2019] NZDT 1217 (7 October 2019) [pdf, 167 KB]

   ...to supply the aggregate rock required for completion of the Works (the “Works”). Investigations revealed that, on 1 July 2018, the vendors had given their unconditional consent to the Works by signing a form for the purposes of s95B of the Resource Management Act 1991 (“RMA”) (the “Consent”). However, the vendors had not notified Ms HY of either the Works or the Consent. [4] Ms HY states that she would not have purchased the property, or would have negotiated a lower p...

9. [2021] NZEnvC 061 Upper Clutha Environmental Society Incorporated v Queenstown Lakes District Council [pdf, 1.4 MB]

   BEFORE THE ENVIRONMENT COURT AT CHRISTCHURCH I MUA I TE KOTI TAIAO O AOTEAROA K IOTAUTAHI Court: Hearing: Decision No. [2021] NZEnvC 61 IN THE MATTER of the Resource :rvianagement Act 1991 AND of appeals pursuant to clause 14 of the First Schedule of the Act BET\X'EEN UPPER CLUTHA AND 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 the attached...

10. Urban Development Bill Advice [pdf, 131 KB]

    ...or decline the development plan based on the IHP’s recommendation. 6. Once a development plan is approved by the responsible Minister, Kāinga Ora has certain powers including the ability to override, add to, or suspend provisions in the Resource Management Act 1991 (‘RMA’) plans or policy statements that apply to the project area, and act as a consent authority and a requiring authority under the RMA. Consistency of the Bill with the Bill of Rights Act Section 21 – Unr...