Search Results

1. [2022] NZEnvC 127 Climate Justice Taranaki Incorporated v Taranaki Regional Council [pdf, 383 KB]

   ...it must be determined as if s 70A has not been repealed, regardless of the fact that this repeal has been delayed.6 Climate change is defined under s 2 of the RMA as meaning: a change of climate that is attributed directly or indirectly to human activity that alters the composition of the global atmosphere and that is in addition to natural climate variability observed over comparable time periods. 5 Resource Management Amendment Act 2020 Commencement Order 2021. 6 Ref...

2. [2015] NZEmpC 168 Lawson v NZ Transport Agency interlocutory [pdf, 103 KB]

   ...the defendant. [16] Mr Lawson’s primary submission is focussed on access to justice issues. While not cited by either party, I note that in Highgate on Broadway Ltd v Devine Kós J observed that: 13 … Access to justice is an essential human right. The cost of exercising that right is the payment of costs in the event of failure. The right of a successful defendant to costs in that event is arguably subordinate to the plaintiff's right to be heard. Strong social polic...

3. [2021] NZACC 108 – Wood v ACC (19 July 2021 [pdf, 162 KB]

   ...the Corporation’s decision involved an error of law and that “the Corporation’s actions have exceeded their statutory powers in relation to clause 28 and its adherence to the Privacy Act, Health and Information Privacy Code, and ultimately Human Rights under their numerous iterations of law; e.g. Bill of Rights Act s 27”. [25] Mr Wood goes on to state: I believe it is of great importance and public interest for this application for leave of the District Court to appeal t...

4. [2007] NZEmpC CC 23/07 Coy v Commissioner of Police [pdf, 46 KB]

   ...therefore not be permitted to now have them struck out. I find against that argument for the following reasons. [17] The Commissioner’s first response to Ms Coy’s personal grievances was a letter to her from Inspector Gary Lennan, Canterbury Human Resources Manager, dated 1 April 2003. This responded to Ms Coy’s memorandum of 20 March to Inspector Gaskin. This letter stated that the Commissioner had no record of formal notification of a personal grievance of 10 December 20...

5. [2021] NZEnvC 052 Rangitane O Tamaki v Manawatu-Wanganui Regional Council [pdf, 3.2 MB]

   ...IDC relating to the EWWTP dated 17 April 2020 at [2]. 4 [7] We consider it significant that the proposal for which consents were granted by the Regional Council included a wetland to ensure compliance with Policy 5-11 of One Plan relating to human sewage discharges. 5 From our very cursory initial review of the information provided to us it was clear that TDC's initial proposal to continue to discharge treated wastewater direct to water without a wetland (at least initially...

6. [2022] NZACC 70 – Cuervo-Hernandez v ACC (3 May 2022) [pdf, 191 KB]

   ...section 20(2)(e) to (h)). Section 25(1)(a)(i) provides that “accident” means a specific event or a series of events, other than a gradual process, that involves the application of a force (including gravity), or resistance, external to the human body. Section 25(3) notes that the fact that a person has suffered a personal injury is not of itself to be construed as an indication or presumption that it was caused by an accident. [23] In Cochrane,1 Miller J found: [25] An app...

7. [2007] NZEmpC AC 18/07 Kingi v Responsive Maintenance 2000 Ltd [pdf, 41 KB]

   ...delay is concerned, I have already set out some of the circumstances surrounding that. The hearing was set down. The defendant was ready to proceed in Morrinsville. It was no fault of the defendant that the matter could not proceed but from humane aspects the Court adjourned the proceedings then because of the bereavement suffered by Mr Kingi and his family. It was then indicated to the Court that the parties would endeavour to resolve the matter. Apparently the defendant has b...

8. [2012] NZEmpC 188 ABC01 Ltd (formerly Primary Heart Care Ltd) v Dell [pdf, 91 KB]

   ...of enabling the Court more effectually to dispose of that application according to its substantial merits and equities. There is no suggestion by Mr Dell that his employer was other than the company. That is a separate legal entity from the human personality that is Mr Hinchcliff, even if he may control the company, or at least have done so when he was a director. [27] There is, however, a legitimate purpose for joining Mr Hinchcliff as a party but this will also need to be...

9. [2011] NZEmpC 39 NZ Defence Force v PSA [pdf, 92 KB]

   ...issue in this proceeding is 15 January 2007 – 25 June 2009. [8] Another complicating factor, which related to the Defence Force payroll system at the relevant time period, is referred to in Mr Williamson‟s affidavit: 2. NZDF uses a computer human resources system called Atlas for its payroll. Atlas only operates on the basis of five day working weeks and eight hour days. The calculation of the payroll and leave for Security Guards and Senior Security Guards requires „„...

10. ZA v YB LCRO 39/2016 (15-February 2017) [pdf, 171 KB]

    ...parameters imposed by the council. Any complaint about his conduct must therefore be directed to the council and/or NZLS as the parent body. [36] The appropriate remedy for Mr TF was to direct his complaint to the branch council or NZLS. Infringement of human rights, breaches of privacy and other allegations inherent in Mr TF’s complaints should be directed to the appropriate bodies. Pursuant to s 138(1)(f) of the Act there is therefore an adequate remedy available to Mr TF that it...