Search Results

1. Hazardous Substances and New Organisms Assessments Amendment Bill [pdf, 136 KB]

   ...Substances and New Organisms Act 1996 (the principal Act). The purpose of the Bill is to improve the assessment and reassessment of hazardous substances. 5. Under the principal Act, the Environmental Protection Authority (EPA) is the regulator responsible for making decisions on whether to approve new hazardous substances. It sets controls (conditions on how the substance can be used) to manage the risk from, and safeguard people and the environment from, approved hazardous substances....

2. [2021] NZEmpC 123 20 District Health Boards v New Zealand Nurses Organisation [pdf, 190 KB]

   ...the Registrar is to set the matter down for an urgent hearing at the Employment Court Wellington on Wednesday next week; (b) the DHBs are to file and serve a statement of claim in the Court by 5pm today; (c) any statement of defence or other response to the claim is to be filed and served by midday Monday 9 August 2021; (d) the affidavit of Ms Aitcheson filed on behalf of the DHBs and dated 2 August 2021 is to be admitted in these proceedings; (e) any affidavit/s in reply are...

3. [2021] NZEmpC 143 Fleming v Attorney-General [pdf, 189 KB]

   ...judgment pending the outcome of the appellate process. [18] The genesis for the application appears to be correspondence written by Ms Carrigan (a non-party) and Mr Dale (counsel for the plaintiff) expressing dissatisfaction with the Ministry’s response to the judgment and pushing for it to make immediate changes to its policies; and associated communications with the Minister, Ministry, organisations and individuals (including other family caregivers) which are said to be cau...

4. 2021-10-04 Minute - PC7 - Community Water Supplies - TAs [pdf, 495 KB]

   ..._______________________________________________________________ MINUTE OF THE ENVIRONMENT COURT COMMUNITY WATER SUPPLIES (4 October 2021) _______________________________________________________________ Introduction [1] This Minute is issued in response to the parties’ joint memorandum dated 9 August 2021 and email dated 30 September 2021. [2] By Minute dated 23 July 2021 the court proposed wording for a new RDA rule that would apply to community water supplies. The court omit...

5. UC & FC v GM [2021] NZDT 1645 (15 November 2021) [pdf, 221 KB]

   ...example, the search copies of the titles had been available 299 days after the agreement there would have been no consequence, whereas if it took 301 days the full consequences of clause 3.2 were to follow. I find that this is a disproportionate response to GM and FL’s legitimate interests. ii. While the 300 days was agreed by the parties, the agreement did not take into account any unforeseen situations that were outside the control of parties. Such an uncontrollable situation...

6. 5 Alternative Dispute Resolution revision [pdf, 128 KB]

   ...notice is generally issued at least 15 working days ahead of the mediation date depending on Commissioner availability. f) Parties are to respond to that notice with the names and contact particulars of each attendee as required by the notice. This response must be received by the Registrar at least 5 working days in advance of the mediation date. g) It is vital that the parties liaise with, and co-operate with, the relevant Environment Court Registry in the time prescribed and wi...

7. Sheehan v Bad Tenants Facebook Group (Access Order) [2022] NZHRRT 37 [pdf, 516 KB]

   ...privacy of an individual. This applies also under the Act, so that an access order is not enforceable unless it is issued against a recognisable legal entity, which can assume legal liability for it. 4 [17] In this case, there is no legally responsible entity named against which the access direction can be enforced by way of an access order and which can be made liable for the offence of failing to comply with an access order. [18] Accordingly, the Tribunal must decline the applic...

8. LJ Ltd v DS Ltd [2022] NZDT 147 (16 August 2022) [pdf, 206 KB]

   ...reduced the claim at the first hearing to $4,370.00 only. DS Ltd deny the claim. 2. The matter had been adjourned after the first hearing on 28 June 2022 and was continued before me today. DS Ltd did not attend the hearing as there was no response to the phone number previously available for them. No further evidence or information had been provided by them. The absence of the respondent does not prevent the hearing going ahead. 3. The issues I need to decide are: a) Wa...

9. TD v DJ Ltd [2022] NZDT 167 (13 October 2022) [pdf, 163 KB]

   CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2022] NZDT 167 APPLICANT TD RESPONDENT DJ Ltd The Tribunal orders: The claim is dismissed. Reasons: 1. TD parked his 1996 Toyota Surf vehicle in the paid outdoor carpark at DJ Ltd’s premises on 19 August 2022. When he attempted to collect it on 23 August 2022 he discovered that it had been stolen. He claimed from his insurer

10. [2023] NZEnvC 017 OneFortyOne New Zealand Ltd v Marlborough District Council [pdf, 1.3 MB]

    ...sought by the other parties and sought to be endorsed by the court. [5] A memorandum from counsel for Marlborough District Council dated 18 January 2023 advises that Friends of Nelson Haven and Tasman Bay Inc are not party to the Forestry Topic. No response was received from Ngāti Koata Trust, Wakatu Incorporated, Te Rūnanga a Rangitāne o Wairau, Marlborough Environment Centre Incorporated and Nelson-Marlborough Fish and Game Council, so the consent documentation has been proces...