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1. 2020-09-18-EPA-PC1-PC8-Summary-of-Submissions-Report-UPDATED.pdf [pdf, 685 KB]

   ...September 2020 │ Status: Final │ Project No.: 310003192 │ Our ref: rOmnibusPlanChangeSumm_Fnl v2.docx Page 1 1. Introduction On 8 April 2020, the Minister for the Environment issued a direction under section 142(2) of the Resource Management Act 1991 (RMA) to call in the Otago Regional Council’s Omnibus Plan Change and refer it to the Environment Court for decision. The Omnibus Plan Change, also known as the Water Quality Plan Change, comprises: Plan Change...

2. [2018] NZSSAA 25 (25 May 2018) [pdf, 264 KB]

   ...principles relating to negating the effect of deprivation of assets was reinforced by a 2007 amendment to the Act adding s 1A which sets out the principle that for persons seeking support under the Act: … where appropriate they should use the resources available to them before seeking financial support under this Act … [9.6] The Ministry referred to authorities affirming the principle expressed in s 1A,6 and its application to the deprivation of assets.7 [10] Against that leg...

3. [2021] NZREADT 44 - Lawrence v Registrar of the Real Estate Authority (16 August 2021) [pdf, 275 KB]

   ...submitted that if s 112 is interpreted as allowing a review of a s 74(3) determination, it will open up avenues for litigation on “preliminary points”, which is not an effective use of the disciplinary process and distracts from the proper use of resources. He submitted that reviews of decisions as to fees and levies, and amendments to the Register would also be available under s 112. [34] Mr Hodge submitted that the absence of a right of review by the Tribunal does not mean th...

4. [2021] NZACC 121 - Kemp v ACC (3 August 2021) [pdf, 222 KB]

   ...treatment. (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 resource allocation decision: 9 (c) personal injury that is a result of a person unreasonably withholding or delaying their consent to undergo treatment. (3) The fact that treatment did not achieve a desired result does not, of i...

5. [2022] NZEmpC 138 Pilgrim v Attorney-General [pdf, 247 KB]

   ...accept that Peter Righteous tried to accommodate preferences, including from boys and/or their parents. However, he conceded in cross-examination that it was ultimately the interests of the Gloriavale businesses which dictated where labour resources needed to be applied and where they were applied. … [55] It will be apparent that I do not accept the Gloriavale defendants’ characterisation of work undertaken in this period of the plaintiffs’ lives as “chores” which...

6. [2022] NZEnvC 104 Federated Farmers of New Zealand v Northland Regional Council [pdf, 534 KB]

   Livestock Exclusion (Topic 16) IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2022] NZEnvC 104 IN THE MATTER OF the Resource Management Act 1991 AND a matter of appeals under Clause 14 of Schedule 1 to the Act AND in a matter of Stock Exclusion – Topic 16 of the Proposed Northland Regional Council combination land and water plan BETWEEN FEDERATED FARMERS OF NEW ZEALAND (ENV-2019-AKL-114) MINISTER OF CONSERVATION...

7. Wellington Standards Committee 2 v Collins [2022] NZLCDT 22 (30 June 2022) [pdf, 170 KB]

   ...her husband and stepdaughter and that her stepdaughter was now living there rent free. The property had a $170,000 first mortgage which she understood was in arrears and Mrs W was very stressed because she said she did not have the financial resources to maintain mortgage payments. (It later became apparent that there was a $200,000 life insurance policy owned by Mrs W on her husband’s life which was immediately claimable, but Mr Collins was not informed about this at the firs...

8. [2022] NZEmpC 127 VMR v Aviation Security Service Division of Civil Aviation Authority [pdf, 304 KB]

   ...13 Firm PI 1 Ltd v Zurich Australian Insurance Ltd [2014] NZSC 147, [2015] 1 NZLR 432 at [60]; New Zealand Air Line Pilots’ Association Inc v Air New Zealand Ltd [2017] NZSC 111, [2017] 1 NZLR 948, [2017] ERNZ 428 at [71]. 14 Bathurst Resources Ltd v L&M Coal Holdings Ltd [2021] NZSC 85, [2021] 1 NZLR 696; Vulcan Steel Ltd v Manufacturing & Construction Workers Union [2022] NZEmpC 78 [28]−[30]. [37] Whether or not the rule of contra proferentem will ultima...

9. [2022] NZEmpC 226 Association of Professionals and Executive Employees Inc (APEX) v Te Whatu Ora – Health New Zealand [pdf, 228 KB]

   ...Understanding to the DHBs. Decisions were made urgently; there was no ability to wait and see what happened. The point was to remove any possible hurdles that may have impacted on the laboratories’ ability to respond with the urgency and resources required. It was in that context, the PSA raised the concern that its members may be required to work weekends on lower penal rates than their colleagues, which was seen as a potential obstacle to co-operation. [55] As it tr...

10. M Ltd v KC [2023] NZDT 26 (2 February 2023) [pdf, 145 KB]

    ...16. XT of M Ltd says that all auctions are ‘buyer beware’ and the goods are sold ‘as is where is’, so the risk of quality and authenticity is on the purchaser. XT says that auctions must be operated like this as auctioneers do not have the resources or skills to authenticate the items they sell. He says that M Ltd holds regular auctions of goods and it could not possibly check and authenticate every item that it auctions and does not have the knowledge or experience to do so, and i...