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1. [2018] NZEnvC 218 Aratiatia Livestock Limited v Southland Regional Council [pdf, 9 MB]

   ...assets.52 [47] Mr Horrell explains that the WRLC members include landowners and ratepayers of the Council and Meridian. WRLC also notes in its submissions that Federated Farmers is another member. 53 [48] Mr Horrell also explains that the WRLC is responsible for scoping out and planning works for each financial year. The Council is consulted. Meridian is a WRLC member. As with other members, it has one vote on any proposal. Once the budget is Clause 7.3. Clause 7.3; Affidavit of...

2. [2020] NZEnvC 139 Flax Trust v Queenstown Lakes District Council [pdf, 298 KB]

   ...critical of Mr Edmonds’ role in the resource consent proceedings saying that structuring the consent process to avoid engagement with neighbours resulted in the complete breakdown of trust and confidence between the parties and SHL must take responsibility for 27 Submissions in reply for Flax Trust dated 13 August 2020 [17]. 28 Submissions in reply for Flax Trust dated 13 August 2020 [18] and [19]. 29 Memorandum of counsel for Fla...

3. Responsiveness to Resource Management Issues - a New Zealand perspective a paper by Commissioner K Edmonds [pdf, 244 KB]

   Australasian Conference of Planning and Environmental Courts and Tribunals (ACPECT 2016) Responsiveness to Resource Management Issues - a New Zealand perspective Commissioner Kathryn Edmonds Environment Court (NZ) Background Condition setting on resource consents is an important and often challenging part of the Resource Management Act (RMA) resource consent process in New Zealand and has been a cause for concern, not least in terms of the ability and enforceabili...

4. Karena v Steedman - Te Koau A (2019) 76 Tākitimu MB 183 (76 TKT 183) [pdf, 484 KB]

   ...Sykes then applied for, effectively, a strike out of that application. On 9 December 2016 a judgment was issued dismissing the application because Mr Karena had not articulated the allegations in sufficient detail and clarity to enable a meaningful response. It was also found that some of the arguments were untenable.3 [8] On 27 June 2017, Mr Karena sought a rehearing of this decision under s 43 of the Act. That application was dismissed on the papers. Mr Karena appealed to the...

5. LCRO 118/2018 VT v MQ (18 March 2020) [pdf, 157 KB]

   ...limit. Nonetheless, he considered a fee of around $25,000 would have been reasonable, if an estimate had been given. However, as no estimate was given, and regard was not had to the $2,000 limit, the costs assessor’s view was that the pragmatic response was to reduce the fee to the amount Yelp had already paid, and write off the rest. [37] Ms MQ promptly wrote off all of her outstanding fees, and confirmed she had done so on 29 September 2017. [38] That did not satisfy Mr VT....

6. [2021] NZACC 11 - Murrell v ACC (12 January 2021) [pdf, 229 KB]

   ...injection to confirm whether he had a facet joint syndrome which is more likely to be due to a traumatic ligamentous injury which is difficult to prove in an MRI scan. The symptoms and the signs of this are quite evident, especially after the response from the facet joint injection which was done on 17 August. The pain has gone down to 3 out of 10 as some days he would have it 7 to 8 out of 10. This has definitely improved his pain but has not taken it away completely. Despite...

7. 2019 public survey of attitudes toward the justice system [pdf, 1.2 MB]

   ...information) has been run using a random nation-wide sample. This sample was more likely to be representative of the New Zealand population. The current paper represents comparative results of the feedback received through the online survey (3294 responses) and from the random sample survey (1310 responses – response rate of 18%). Hāpaitia te Oranga Tangata – Safe and Effective Justice welcomes your views on this discussion paper, which you can provide by email at safeandeffectiv...

8. Hawke's Bay Standards Committee v Clarkson [2014] NZLCDT 2 [pdf, 258 KB]

   ...used to meet expenses. [31] The trustees of the PM Trust had sought from Ms Clarkson a reconciliation of grazing revenue received by her on their behalf, costs incurred, and the amount paid to or on account of the trustees. Ms Clarkson’s response was to the effect that everything due had been paid, and that there had been additional costs such as PAYE, ACC levies and other expenses which accounted for the balance. 8 [32] When the trustees sought further and more...

9. LCRO 36/2021 ED v MR and FR (14 April 2022) [pdf, 242 KB]

   ...considers she was entitled to this information. That is not correct. Mrs FR’s clients were the executors of the estate. 18 Delays in administering the estate [95] SA and JM were the executors of Mrs DM’s estate. They were the persons responsible for making decisions, and from whom Mrs FR took instructions. Mrs ED’s complaints about delays need to be directed to them. [96] However, I will comment on Mrs ED’s complaint about delays in obtaining the Grant of Probate. Mr...

10. [2022] NZEmpC 174 Ashby v NIWA Vessel Management Ltd [pdf, 279 KB]

    ...on the grounds of incompatibility. [30] NIWA Vessel then wrote to Ms Ashby on 8 September 2015, requiring her to attend a meeting. It said the purpose of the meeting was to discuss the issues surrounding her absence from work and to gain her response. It referred to the facilitation meeting in November 2014, the psychologist’s report and the results of the investigation into the allegations of bullying. [31] It told Ms Ashby that NIWA Vessel had tried to support her to remedy...