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1. Chief Justice media statement 24 August 2021 [pdf, 687 KB]

   ...registry will facilitate remote access. Appearances in person should only happen in exceptional circumstances. Members of the public (including a whānau support person or persons for a defendant) whose presence is not required at court will not be permitted to enter unless granted permission by the presiding judge. Masks are to be worn at all times within the courthouse, unless permission is given by a judge. Public counters are closed at Alert Level 4, and all documents can be fi...

2. 2022-03-22 Willowridge Developments Ltd & Remarkables Park Ltd - Supplementary Evidence - Quinn McIntyre - 22 March 2022 [pdf, 323 KB]

   ...50 mg/L may have been found to be discharging closer to 100 mg/L. However, the receiving water during rain events was flowing brown at 800 mg/L. In this situation, whilst the limit has been breached, this discharge would still meet the ORC’s permitted activity rule. MY OPINION ON THE NECESSITY FOR A LAND USE CONSENT UNDER PC8 [8] I consider it is important to make my opinions clear in respect to [32] of Ms Strauss’ reply, that I am “…not questioning the necessity of the...

3. [2022] NZEmpC 98 Courage v Attorney-General [pdf, 210 KB]

   ...compromised and none have been identified on their behalf – as I have said, they are content to abide the decision of the Court. [8] It is in the interests of justice that the Attorney-General’s application is granted. Accordingly there is an order permitting the Attorney-General to share the briefs of evidence referred to in [2] above, and the transcript of the hearing in these proceedings, to the agencies listed in [3] above. [9] No issue of costs arises. Christin...

4. Environment Court of New Zealand Covid-19 update 23 March [pdf, 50 KB]

   ...categories by remote participation to the maximum extent possible. Remote participation may involve AVL where feasible, telephone or email. However, in the District Court in-person attendances may be required in some cases where the law does not permit remote attendance or that cannot be arranged. For this reason the District Court will require the assistance of duty solicitors for the remainder of the week. Remote participation will occur by telephone, or by AVL as available. The mov...

5. CMT v EQC & Tower Insurance Ltd [2021] CEIT-2019-0012 [pdf, 292 KB]

   ...argument that event three was only exacerbation because the repairs were not done. That would wrongly reward the continuation of a dispute preventing the Applicants’ entitlements under the policy. As a matter of public policy, that cannot be permitted. 17 Prattley at [36] 18 Affidavit of N M sworn 25 May 2020, paragraph [22] [47] Further, the damage to the home in event three was not exacerbation. It represented new damage on the evidence before the Tribunal19. [48]...

6. ZYX v Attorney-General Non-Publication Order [2014] NZHRRT 44 [pdf, 39 KB]

   ...the Attorney-General that on their own, the plaintiffs would not be able to establish a case for non-publication of their names. The presumption of open judicial proceedings which is found not only in the general law but also in s 107(1) of the Act permits no other conclusion. [7] Nevertheless, for the reasons given by the Attorney-General we are of the view that the interests of the children, as vulnerable persons with severe disabilities, are to be protected. Their position is analog...

7. Clough v CAC520, Bunn & Christiansen [2019] NZREADT 46 (5 November 2019) [pdf, 389 KB]

   ...property was relationship property. It found that having Mrs Clough sign the listing agreement made her a party to the agreement, and a client of the agency.3 [22] The Committee did not consider it unreasonable for the listing licensee to have permitted Mrs Clough to sign the listing agreement, and in the circumstances of the property being relationship property, it was a prudent thing for her to do.4 The 3 Committee’s decision,...

8. 2021-12-17 RPW Chapter 7 with proposed amendments PC8 - clean version [pdf, 423 KB]

   ...techniques to trap debris, sediments and nutrients present in runoff. Part A: Discharge policies W A T E R Q U A L I T Y Regional Plan: Water for Otago, updated to 1 May 2014 7-7 Explanation In terms of the Plan’s rules for permitted and discretionary activities for new discharges, or extensions to the catchment area of existing discharges from reticulated stormwater systems, the requirements of (a) to (c) will apply, as required. Principal reasons for adopting...

9. ABB Ltd v ZZC [2012] NZDT 31 (24 January 2012) [pdf, 57 KB]

   ...action”. In that context, the courts have taken a more liberal approach with regard to a claim founded on contract or quasi-contract involving a dispute concerning, for instance, an assigned debt (rather than the assignment itself). Such an approach permits the Tribunal in certain cases to hear such claims. I refer to Nationwide Credit Services Ltd v Disputes Tribunal (1999) 14 PRNZ 203, Randerson J. [12] However, I find that in those circumstances a conclusive factor appears to...

10. KT & XG v ZA [2022] NZDT 30 (5 May 2022) [pdf, 101 KB]

    ...refund. 11. The applicants’ second request for a change of dates was made on 18 October 2021. That request could reasonably have been treated as a cancellation by ZA, given that she must have been aware that residents from [City B] were not permitted to travel outside their region at that time. Even if she did not elect to treat it as a cancellation, it was not reasonable for ZA to leave her reply until 31 October 2021, after the cut-off date for cancellation for a 50% refund....