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1. [2008] NZEmpC CC 5C/08 Vice-Chancellor of Lincoln University v Stewart [pdf, 46 KB]

   ...another in the Court. This submission relied upon the proposition that a challenge to any determination the Authority might give would be inevitable and was therefore largely an extension of Mr Cranney’s second submission. [42] In response, Ms Shakespeare very properly made the point that, had the defendant not applied to have the matter removed to the Court, the Authority’s investigation would almost certainly have been completed some time ago and its determination...

2. LS v TD LCRO 298/2012 Penalty decision (23 February 2015) [pdf, 68 KB]

   ...find this statement to be somewhat puzzling. It does not indicate clear acceptance by Mr TD that he was not truthful to Mrs LS and by referring to his well- intentioned conduct as being misinterpreted, Mr JW again seems to endeavour to transfer responsibility to Mrs LS (for misinterpreting Mr TD’s intentions). [21] I also find it difficult to understand the submission that “he never purported to action any document”. One needs to look no further than the Deed of Arrangement r...

3. Waitangi Tribunal - Kaupapa Inquiry Programme Direction [pdf, 476 KB]

   ...grouped for joint inquiry. An inquiry will proceed to hearing once sufficient evidence to proceed has been filed, the issues for inquiry determined and the parties have confirmed their readiness to proceed. The inquiry process will be flexible and responsive, for example to facilitate the early hearing of claimant oral evidence or a staging of the inquiry around sub-issues or matters demanding early attention. 5. The starting order for the 11 identified inquiries has been prioritised in...

4. SC v MQ LCRO 240 / 2011 (23 October 2012) [pdf, 93 KB]

   ...doing so MQ may go some way towards restoring relations with his former client. I do not however intend to make any orders in this regard as the apology provided at the hearing was genuine and freely offered by MQ. [63] I would also observe that responsibility for the situation in which SD and SC and SE found themselves cannot in the main be laid at MQ’s door. The complainants had an expectation that the Business purchased by them had potential which was not realised and the r...

5. TB v NX LCRO 80 / 2011 (13 December 2012) [pdf, 134 KB]

   ...The Complaints Service issued a Notice of Hearing on 2 September 2010 which noted the issues to be addressed as: overcharging; and whether the Committee had jurisdiction to consider the accounts. [16] Mr NW provided brief submissions in response to the Notice of Hearing in which he again raised the jurisdictional issue. He also noted that the Committee had not called for a costs assessor’s report. [17] At its hearing on 17 September 2010 the Standards Committee resolved to...

6. Regulatory Impact Statement: Unilateral cancellation of voluntary time payment arrangements for unpaid fines [pdf, 390 KB]

   ...from wages or bank accounts. 2. Voluntary ‘time payment arrangements’ enable people who cannot afford to pay their fines within 28 days to avoid enforcement action. This process relies heavily on people’s honesty. A prompt and effective response is needed when it is discovered that a person has not been honest. 3. The statutory requirement to give 10-days notice before a voluntary arrangement is unilaterally cancelled prevents a prompt response. A small but apparently grow...

7. Harland v Prentice - Mana Ahuriri Incorporated Society (2017) 57 Takitimu MB 1 (57 Takitimu 1) [pdf, 356 KB]

   ...submissions. Those submissions have now been received. On 18 January 2017 the applicant sought to file additional submissions in response. I granted the applicant the opportunity to do so with a right of reply from the respondents and the Crown. Those responses have now been received. Issues [5] The issues for determination are first, does the applicant have standing to bring the application? Second, does the Court have the jurisdiction to determine the proceedings? Backgro...

8. Record of Pre-Hearing Conference (dated 14 March 2017) [pdf, 1.2 MB]

   ...the abstract - that is to say, without evidence and considered legal submissions. [3] A large number of matters were discussed with further directions made. One matter that I did not discuss is the need for all parties to conduct this appeal responsibly. By that I mean it is the parties' responsibility to bring evidence capable of substantiating their concerns, including as appropriate expert evidence. Withdrawal of parties [4] Prior to and following the pre-hearing conferenc...

9. [2018] NZEnvC 010 David Mulholland Consulting Engineer Ltd v Whanganui District Council [pdf, 849 KB]

   ...Council's interpretation of the Rule is correct, and I decline to make the declarations sought. Costs [33] I reserve the question of costs. Any application should be lodged and served within 15 working days of the issuing of this decision, and any response lodged and served within a further 10 working days. C J Thompso Environment Judge 11 Appendix 1 - Plan Rules 11.4.2 Controlled Activities. The following are controlled activities provided Rule 11.5.1 is complied wi...

10. [2017] NZEnvC 188 Vipassana Foundation Charitable Trust v OBrien Pichler [pdf, 487 KB]

    ...enforcement officers in dealing with a site which contains a shooting range and where one might accordingly expect firearms to be present and in use. As I understand it, the enforcement of compliance with the requirements of the Arms Act 1983 and responsibility for dealing with issues of safety directly associated with the use of guns on a property is a matter for the police. If enforcement officers require assistance in dealing with resource management issues concerning a shooting...