Search Results

1. [2023] NZEnvC 169 Waikato Regional Council v Rawhiti Environmental Park Limited [pdf, 207 KB]

   Waikato Regional Council v Rawhiti Environmental Park Limited IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2023] NZEnvC 169 IN THE MATTER OF an application pursuant to s 320 of the Resource Management Act 1991 BETWEEN WAIKATO REGIONAL COUNCIL (ENV-2023-AKL-000139) Applicant AND RAWHITI ENVIRONMENTAL PARK LIMITED Respondent Court: Environment Judge MJL Dickey Hearing: Judicial Telephone Conferences held 8 and 9...

2. [2024] NZEmpC 83 Caisteal An Ime Ltd v A Labour Inspector Costs. [pdf, 224 KB]

   ...completeness, Mr Angus’ reliance on the Environment Court’s costs judgment in Royal Forest and Bird Protection Society of New Zealand Inc v Northland Regional Council does not assist.17 The Court explained in that case that under s 285 of the Resource Management Act 1991 it has a discretion about awarding costs.18 The Court went on to say that it does not as a matter of general practice allow costs to a successful party unless there are special circumstances making it fairer to...

3. MOJ0501_Childrens-Guide-A5_DEC22_WEB.pdf [pdf, 748 KB]

   ...help you if you don’t feel safe or aren’t being cared for properly. Skylight 0800 299 100 Monday to Friday 9am–5pm Email info@skylight.org.nz skylight.org.nz Helps and supports kids dealing with trauma, loss and grief. Lots of great resources for kids on their website. 15 Manaakitia a Tātou Tamariki – Children’s Commissioner 0800 A CHILD (0800 224 453) Monday to Wednesday 9am– 5pm, Thursday 9am–4pm Email advice@occ.org.nz occ.org.nz Advice about your rig...

4. Estate of Barry v Accident Compensation Corporation (Treatment Injury) [2023] NZACC 124 [pdf, 235 KB]

   ...injury: (2) Treatment injury does not include the following kinds of personal injury: (a) Personal injury that is wholly or substantially caused by a person’s underlying health condition: (b) Personal injury that is solely attributable to a resources allocation decision: … (3) The fact that the treatment did not achieve a desired result does not, of itself, constitute treatment injury. [25] While her father was in hospital, Ms Barry was the epitome of a caring daughter....

5. 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...

6. 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...

7. 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....

8. 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...

9. BN v Accident Compensation Corporation (Leave to appeal to the High Court) [2025] NZACC 67 (29 April 2025) [pdf, 201 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. 4 [9] In Gil...

10. Moonen v Accident Compensation Corporation (Leave to appeal to the High Court) [2025] NZACC 069 (30 April 2025) [pdf, 186 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 … . [9] In Gilmore,3 Dunningham J stated: [55] I accept that, for the purposes of leave,...