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1. Bristol v Ngāti Rangi Trust - Rangiwaea-Tāpiri [2017] Chief Judge's MB 269 (2017 CJ 269) [pdf, 435 KB]

   ...the lengthy proceedings that have occurred to date. Ultimately, all litigation, no matter how important to a party, must have finality. 2017 Chief Judge’s MB 307 [141] As the parties were assisted from the Special Aid fund no order as to costs is appropriate. Discussion [3] Firstly, I wish to thank Judge Harvey for his indepth look at this matter and for the very detailed and comprehensive Report provided. [4] This Report sets out the principles that the Chief Judge...

2. Vincent Carlyle Kerr - Evidence in Chief [pdf, 6.6 MB]

   ...considered to be at a natural and very healthy condition parallel to what we see in a restored algal forests in our long term marine reserves . 49. I would like to offer here some initial guidelines for thresholds which could be measured in a low cost monitoring system with the provision of the following -----working assumptions: 49.1. For a given management area, a basic marine habitat map is completed outlining the extent of rocky reefs; 49.2. A system of representative monito...

3. [2022] NZEmpC 10 Shaw v Bay of Plenty District Health Board [pdf, 376 KB]

   ...about comments made in social media. Those matters did not provide any assistance in assessing the claims and, for that reason, they have not been referred to in this decision. Conclusion [167] Ms Shaw’s challenges are unsuccessful. [168] Costs are reserved. If they cannot be agreed the DHB may file submissions within 20 working days and Ms Shaw may respond within a further 20 working days. K G Smith Judge Judgment signed at 4.45 pm on 4 F...

4. [2019] NZEnvC 110 Western Bay of Plenty District Council v Bay of Plenty Regional Council [pdf, 1.7 MB]

   ...the scale of external change. Landscape vulnerability is the extent to which landscape character and values are at risk from a particular type of change. They then suggest that such an analysis should identify the opportunities, risks, threats, costs and benefits arising from potential change, and their relative magnitude and importance. [37] As well as addressing each element on its own, it may also be useful to link resilience and vulnerability as ends of a scale of adaptability...

5. [2020] NZEnvC 134 Lindis Catchment Group Incorporated v Otago Regional Council [pdf, 566 KB]

   ...additions to meet the spirit and intent of the Court’s earlier decisions in this proceeding and of the Reasons in this decision by 4 September 2020; (4) any original party in (1) above may reply to (2) and (3) by 10 September 2020. C: Costs are reserved. REASONS Introduction: The Point Station [1] This decision is the sixth in a sequence of interim decisions on an application by the Lindis Catchment Group Incorporated (“LCG”) under section 87G Resource...

6. Territorial Authorities - EiC - T B Heller - Hydrology (3 Feb 2021) [pdf, 814 KB]

   ...as such the community water supply whilst being used for a variety of community 9 SRP-098608-70-5-V5 purposes (not just human drinking water), is all treated as if it were consumed as drinking water. 31. This comes at a significant cost. It is in the TA’s best interest to keep pumping rates and volumes as low as possible to maintain efficiency of the scheme. 32. This is also incentive for community water supply schemes to maintain as low as possible, delivery leak...

7. [2020] NZEnvC 189 Weston Lea Limited v Hamilton City Council [pdf, 10 MB]

   ...that may be in disagreement. D: If the parties are not able to reach an accord in this regard, they are to advise the Registrar who will arrange for a telephone conference and/or further hearing as may be necessary to finalise the wording. E: Costs are reserved pending the final decision. REASONS Introduction [1] Weston Lea seek to develop land on the southern side of Hamilton and adjacent to the Waikato River (Amberfield Development). The land is currently utilised as a Dai...

8. [2016] NZEmpC 111 MUNZ v The China Navigation Co Pte Ltd [pdf, 505 KB]

   ...and, they say, on a ‘take-it-or-leave it’ basis, amount to an unlawful lockout of the second plaintiffs. They seek a declaration to this effect, an injunction preventing the defendant from continuing to lock out the employees unlawfully, and costs. It has been agreed that the application for injunction will not be pursued at this stage of the proceedings and that a declaration about whether there is a lockout will suffice to guide the parties to this dispute. [12] I should add...

9. LD v Accident Compensation Corporation (Work Related Mental Injury) [2022] NZACC 199 [pdf, 327 KB]

   ...that there was not sufficient evidence to show that extenuating circumstances prevented the appellant from lodging review applications within the required time. [91] Because the appellant has succeeded on the primary appeal, he is entitled to costs. If these cannot be agreed within one month, the Court will determine the issue following the filing of memoranda. P R Spiller District Court Judge Solicitors for the Respondent: Legal Services, ACC Justice Centre...

10. [2021] NZEnvC 136 The Canyon Vineyard Ltd v Central Otago District Council [pdf, 507 KB]

    ...draft final conditions by Wednesday 22 September 2021, together with the relevant plans referred to in those conditions. C: Canyon Vineyard Limited may file and serve comments, if any, on the draft final conditions by Friday 1 October 2021. D: Costs are reserved, although not encouraged. REASONS Introduction [1] The appeal was against a decision of the Central Otago District Council (‘the Council’) granting subdivision and land use consent for land at the south of Bendi...