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1. BORA Walking Access Bill [pdf, 304 KB]

   ...Commission'). The purpose of the Commission is to provide leadership and co-ordination in the provision of public access to the outdoors, the provision of information about the location of existing public access, the provision of a code of responsible conduct for the guidance of the public and landholders in respect of recreational access to the outdoors, and facilitating and funding the negotiation of new public access across private land. POSSIBLE INCONSISTENCIES WITH THE BIL...

2. [2017] NZEnvC 176 Aitchison v Wellington City Council [pdf, 496 KB]

   ...incurred legal and expert witnesses' costs of $103,632.11 in taking the declaration proceeding. They seek a contribution from the Respondent Council and Walmsley of 66 percent of that sum - $68,397.19. The application is that Walmsley should be responsible for two thirds of that contribution; - ie $45,598.12; and the Council for the remaining one third - ie $22,799.06. The basis of awarding costs [6] It is common ground that the Court's jurisdiction in respect of costs is...

3. BORA Children, Young Persons, and Their Families Amendment Bill (No 6) [pdf, 154 KB]

   ...necessarily involve a degree of generalisation, without regard for the particular abilities, maturity or other qualities of individuals within that age group. In this clause, age is being used as a proxy measure of the competence, maturity, autonomy, responsibility, and the need for special protection of the young person. 17. It is reasonable for Parliament to set an age limit reflecting its assessment of the age group to which the care and protection and youth justice provisions of the...

4. LCRO 226/2017 OM and RA v BL and DG (20 July 2018) [pdf, 97 KB]

   ...finance of $120,000 available to them in December 2011. The [applicants] have provided no evidence on review that confirms they did, in fact, have finance of $120,000 available to them in December 2011. [24] Although there are a number of other responses that could deal equally well with the [applicants’] concerns, that is the principal objection to Mr DG’s conduct expressed on review. Without any evidence to support it, that concern does not provide a basis for a determinatio...

5. 2021-05-12 - ORC - MOC - recall of witness [pdf, 126 KB]

   ...scheduling of the presentation of the priorities JWS following conferencing on 17 May 2021. 3 Supplementary evidence 10 Further evidence referred to in paragraph [19] of the Minute dated 21 April has been provided in the JWS by way of responses to the Court’s questions together with worked examples. 11 A section 32AA analysis prepared by all planning witnesses has been included in Appendix 4 in relation to the changes to the data period in controlled activity rule 10A...

6. 2021-03-17 Notice of Expert Witness Conferencing [pdf, 154 KB]

   ...experts with a copy of the Environment Court’s Expert Witnesses Code of Conduct (Part 7, Environment Court Practice Note 2014) and Protocol for Expert Witness Conferences (Appendix 3, Environment Court Practice Note 2014) and to brief them on their responsibilities under these. Particular attention is to be drawn to those parts which require experts to express their views independent of counsel and the parties who have engaged them. Experts are to be provided with, or directed t...

7. 2021-03-18 Notice of expert conferencing (updated) [pdf, 151 KB]

   ...experts with a copy of the Environment Court’s Expert Witnesses Code of Conduct (Part 7, Environment Court Practice Note 2014) and Protocol for Expert Witness Conferences (Appendix 3, Environment Court Practice Note 2014) and to brief them on their responsibilities under these. Particular attention is to be drawn to those parts which require experts to express their views independent of counsel and the parties who have engaged them. Experts are to be provided with, or directed t...

8. [2017] NZEmpC 34 Twentyman v The Warehouse Ltd [pdf, 140 KB]

   ...Taking evidence occupied three of those days, with submissions being given on the fourth day. Ms Twentyman gave evidence, as did 6 Binnie, above n 4, at [14]. nine witnesses for TWL. The responsibility fell to TWL to prepare an extensive bundle of documents extending to over 800 pages of material. [11] Ms Swarbrick was assisted by junior counsel in the preparation and presentation of TWL’s case and the costs claimed r...

9. [2015] NZEmpC 226 Sheath v The Selwyn Foundation [pdf, 86 KB]

   ...incidentally. That question is as follows: Was there a bona fide redundancy situation at the time of the dismissal in the circumstances where the position which the employee held had not become surplus to the employer’s requirements, the duties and responsibilities of the position were to remain unchanged, and the employer’s objective was to make changes to the accommodation and remuneration entitlements the employee had? c) That in all the circumstances the Employment Court...

10. Bayne v Ngati Rehua Ngati Wai Ki Aotea Trust Board - Ngati Rehua Ngati Wai Ki Aotea Trust Board (2017) 157 Taitokerau MB 27 (157 TTK 27) [pdf, 184 KB]

    ...which read: To date no memorandum of counsel seeking costs by the applicant have been received by the Court. Please submit your submission and invoice as soon as possible if you intend to seek legal costs. If the Court does not receive a response within 14 days the matter will be finalised. [4] Mr Chambers advised the case manager that his client was not seeking costs. I was concerned the case manager’s email misled Mr Chambers. As the unsuccessful party, his client was no...