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1. [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...

2. 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...

3. 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...

4. [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...

5. 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...

6. Te Manutukutuku 80 [pdf, 13 MB]

   ...huarahi Māori. Judge Thomas is a strong advocate for the promotion of te reo Māori and has been passionate in her pursuit to ensure that the language is recognised and used in the law. She is the co­ author of the book Kia Kākano Rua te Ture, a resource designed to assist legal practitioners in the use of te reo Māori. Judge Thomas was also one of the members of the Māori Lawyers Association responsible for the com­ mencement of Te Kura Rōia, a full immersion reo Māori cours...

7. Court-Remote-Participation-Amendment-Bill_FINAL.pdf [pdf, 1.8 MB]

   ...new presumption and the impact of their digital exclusion could deepen existing inequities.4 Human Rights 60 The proposals in this paper are consistent with the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993. Use of External Resources 61 No external resources were used to develop this paper or for the supporting policy analysis. 3 Report: Digital inclusion user insights — Māori | NZ Digital government, May 2021. 4 Māori, Pacific Peoples, seniors, people with dis...

8. [2024] NZEmpC 157 Hall v Fire and Emergency New Zealand [pdf, 314 KB]

   ...to be made and heard contemporaneously with the 90-day issue. Further, no such application was made in the Authority. [104] While there is nothing to prevent a plaintiff bringing a separate application, it is not an efficient use of time and resources. The indication from counsel was that the basis for such an application would be s 115(b), which states that exceptional circumstances include: where the employee made reasonable arrangements to have the grievance raised on his...

9. [2023] NZEnvC 174 Barbican Securities Limited v Auckland Council [pdf, 292 KB]

   BARBICAN SECURITIES LIMITED v AUCKLAND COUNCIL IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision No. [2023] NZEnvC 174 IN THE MATTER of an appeal under s 120 of the Resource Management Act 1991 BETWEEN BARBICAN SECURITIES LIMITED (ENV-2022-AKL-000214) Appellant/ Applicant AND AUCKLAND COUNCIL Respondent Court: Environment Judge L J Semple Environment Commissioner I Buchanan Hearing: at Auckland on 14 – 16 June 2023...

10. [2024] NZLVT 023 - YMCA North Inc v Auckland Council (1 May 2024) [pdf, 415 KB]

    ...the Council’s making. YMCA had communicated it was open in principle to participating in both but considered the proposed mediation premature, and the format not robust or independent. It sought further information before committing time and resources. The Council refused. YMCA submits it would not have been reasonable for it to have reached a settlement without first being provided with a valuation. YMCA notes that before the Tribunal, the Council took the position that YMCA�...