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1. [2020] NZSSAA 4 (28 April 2020) [pdf, 224 KB]

   ...live at Bucklands Beach and the three houses they built on that section were rented. [46] Although the project was protracted, we do not accept that a change of purpose or plans for the site influenced XXXX’s decision to go to Cambodia. The resource consent decision issued on 16 September 2011 approved three new dwellings on the property which have now been built. This resource consent issued over a year before XXXX decided to go to Cambodia. Retention of ordinary reside...

2. 2021-05-21 Appendix 10 to 4-6 May JWS [pdf, 908 KB]

   ...ACTIVITY AND RESTRICTED DISCRETIONARY ACTIVITY RULES, AND OBJECTIVE 10A1.1 4 to 6 May 2021 Witness Party Roddy Henderson Otago Regional Council Simon Wilson Otago Regional Council Sean Leslie Otago Regional Council Ian McIndoe Otago Water Resource Users Group Matthew Hickey Otago Water Resource Users Group Christina Bright Landpro Ltd Lionel Hume Federated Farmers Anthony Davoren McArthur Ridge Vineyard Ltd, Mt Dunstan Estates Ltd and Strathclyde Water Limited This doc...

3. INZ (Foley) v De'Ath [2018] NZIACDT 44 (6 November 2018) [pdf, 273 KB]

   ...role description, for which she is a recipient of public funds given [Ms M’s] inability to address one tangent of a 2 tangent CCRP, and [Ms M’s] brushing over with no substantive response in the first point of the CCRP. … 5 My placing resources into reprimanding three staff from the same branch was not a decision I made lightly, both from a time and resource point of view, and a relationship and vantage point. I disclosed our need to do this Associate Minister of Immigra...

4. [2021] NZEmpC 198 Head v Chief Executive of the Inland Revenue Department [pdf, 388 KB]

   ...important issues. The Court should ensure that parties will continue to be able to bring such proceedings and not be discouraged from doing so. [32] Costs of the magnitude raised by the defendants could become a real barrier to access. Even well-resourced unions would be reluctant to take proceedings if costs of this magnitude were awarded. This was a factor recognised by the Court in Maritime Union of New Zealand Inc v TLNZ Ltd.4 [33] The Employment Relations Act 2000 (the Ac...

5. [2021] NZEnvC 160 Auckland Council [pdf, 609 KB]

   RE AUCKLAND COUNCIL IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision No. [2021] NZEnvC 160 IN THE MATTER OF an application under s 314(1)(f) of the Resource Management Act 1991 BY AUCKLAND COUNCIL (ENV-2021-AKL-000123) Applicant Court: Environment Judge MJL Dickey sitting alone under s 309 of the Act Hearing: On the papers in Auckland Last case event: Memorandum from s 274 party dated 12 October 2021 Date of Dec...

6. [2021] NZEnvC 160 Auckland Council [pdf, 609 KB]

   RE AUCKLAND COUNCIL IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision No. [2021] NZEnvC 160 IN THE MATTER OF an application under s 314(1)(f) of the Resource Management Act 1991 BY AUCKLAND COUNCIL (ENV-2021-AKL-000123) Applicant Court: Environment Judge MJL Dickey sitting alone under s 309 of the Act Hearing: On the papers in Auckland Last case event: Memorandum from s 274 party dated 12 October 2021 Date of Dec...

7. Turner v University of Otago (Costs) [2021] NZHRRT 48 [pdf, 250 KB]

   ...intended declaring herself bankrupt. [6.5] Claims before the Tribunal more often than not involve an unequal, if not asymmetrical contest between the parties. Depending on the circumstances this could be because one party might have limited or no resources while the other (often, but not necessarily, an institution or an agency of the state) might have access to greater resources. In addition, a plaintiff represented by the Director of Human Rights Proceedings has the advantage of not...

8. OIA-100246.pdf [pdf, 1.4 MB]

   ...‘officer in charge’ of a file means there is no one for the lawyer to talk to about the file before a plea is entered. One of the participants in Manukau thought the way the Police was managing their files was a result of them being under-resourced, noting: The Police being understaffed is a massive issue. 4.4.5 No-one is Monitoring Behaviour There was a strong sense in both Christchurch and Manukau that there is no real accountability in the system. This means that poor...

9. [2023] NZREADT 7 - CAC 2002 v Sun (6 April 2023) [pdf, 309 KB]

   ...Mok submitted that, as Ms Sun had been engaged by BR to sell lots in the subdivision on two occasions over the previous two years, Ms Sun knew that BR would have been engaging her services to sell the lots as part of a third attempt now that resource consent had been granted. Ms Sun acknowledged in her written response to the Committee that BR “wishes for me to find suitable purchasers at the earliest instance if possible.” In that same response Ms Sun also referred to the sit...

10. Henderson v Brooking - Wharekahika A47 [2023] Māori Appellate Court MB 17 (2023 APPEAL 17) [pdf, 335 KB]

    ...trusts have been recognised as having a commercial aspect that is relevant to matters of interpretation. (footnotes omitted) [13] We also take guidance from the rules of contractual interpretation for implied terms. The Supreme Court in Bathurst Resources Limited v L & M Coal Holdings Limited recently confirmed the following relevant principles:8 (a) The legal test for the implication of a term is a standard of strict necessity, a high hurdle to overcome. (b) The starting p...