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1. Discussion Document Review of the Courts Remote Participation Act 2010 [pdf, 487 KB]

   ...use of remote participation. Changing the legislation governing remote participation may not, by itself, result in significantly increased use. We recognise that investment in remote participation infrastructure, such as technology, facilities, resources, and training, is also needed. Audio-visual technology is not consistently available across all courts and other justice sector facilities. Effective remote participation also depends on individual participants having access to technolog...

2. [2024] NZEmpC 204 Joyce v Ultimate Siteworks Ltd [pdf, 218 KB]

   ...also Postles v Airway Corp of New Zealand Ltd, above n 11, at [33]–[39]. 14 See Port of Tauranga Ltd v Bay of Plenty Regional Council [2022] NZEnvC 92 at [10], in which Chief Judge Kirkpatrick of the Environment Court was referring to s 275 of the Resource Management Act 1991, which is similar in effect to s 236 of the Employment Relations Act. they engage in unacceptable conduct. In my view, and recognising there is conflicting authority, this can include preventing a repr...

3. [2022] NZEnvC 106 Guardians of the Bays Inc v Wellington International Airport Ltd [pdf, 2.2 MB]

   IN THE ENVIRONMENT COURT AT WELLINGTON I TE KOTI TAIAO O AOTEAROA KI TE WHANGANUI-A-TARA Decision No. [2022] NZEnvC 106 IN THE MA TIER of appeals under s 17 4 of the Resource Management Act 1991 BETWEEN GUARDIANS OF THE BAYS INC (ENV-2021-WLG-000035 & 37) INTERNATIONAL CLIMATE-SAFE TRAVEL INSTITUTE AND (ENV-2021-WLG-000036) Appellants WELLINGTON INTERNATIONAL AIRPORT LTD Respondent Court: Environment Judge B P Dwyer sitting alone under s 279 of the Act Heari...

4. 2023-09-26-Evidence-of-Sean-Mallon.PDF [PDF, 1.2 MB]

   IN THE ENVIRONMENT COURT WELLINGTON REGISTRY I TE KŌTI TAIAO O AOTEAROA TE WHANGANUI-A-TARA ROHE ENV-2023-WLG-000005 UNDER the Resource Management Act 1991 (the Act) IN THE MATTER the direct referral of applications for resource consents and notices of requirement under sections 87G and 198E of the Act for the Ōtaki to North of Levin Project BY WAKA KOTAHI NEW ZEALAND TRANSPORT AGENCY Applicant STATEMENT OF EVIDENCE OF SEAN MALLON ON BEHALF...

5. LCRO 114/2021 DY v WJ (20 August 2021) [pdf, 152 KB]

   ...said to apply to people from any vulnerable or marginalised group interacting with lawyers and the court system. [64] My observation is that lawyer training (that is, from law school through to professionals bodies) in 2021, devotes considerable resources to raise awareness about and provide training in dealing with communities whose life experiences make them vulnerable to prejudice, being overlooked and becoming marginalised as a result. Section 205 of the Lawyers and Conveyancers...

6. Watson v Accident Compensation Corporation (Leave to appeal to the High Court) [2024] NZACC 110 (2 July 2024) [pdf, 276 KB]

   ...construed or interpreted and applied to the facts is a question of law … . [25] Even if the qualifying criteria are made out, the Court has an extensive discretion in the grant or refusal of leave so as to ensure proper use of scarce judicial resources. Leave is not to be granted as a matter of course. One factor in the grant of leave is the wider importance of any contended point of law … . [31] In TR,3 Isac J stated: [24] … the threshold for an appeal against factual find...

7. Establishment of Canterbury Earthquakes Insurance Tribunal 30 January 2018 [pdf, 412 KB]

   ...costs to be incurred unnecessarily. The Tenancy Tribunal can also make awards if the dispute ought reasonably to have been settled by agreement (i.e. mediation) before any hearing. There are some risks around availability of qualified personnel to resource the Tribunal 29. As highlighted in our briefing of 13 December 2017, the availability of experienced technical experts is already impacting on parties’ ability to conclude settlement discussions, and poses a significant risk to...

8. [2022] NZEmpC 207 Arohanui Hospice Service Trust v New Zealand Nurses Organisation [pdf, 190 KB]

   ...taken to be that which the parties intended. Background that may assist is that which a reasonable person would regard as relevant. The context provided by the contract as a whole and any relevant background inform meaning. [26] In Bathurst Resources Ltd v L&M Coal Holdings Ltd, the Supreme Court confirmed that evidence of prior negotiation and subsequent conduct may be admissible under s 7 of the Evidence Act 2006 if it can assist in the task of proving anything relevant to...

9. [2019] NZEnvC 149 Middleton Family Trust v Queenstown Lakes District Council [pdf, 12 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2019] NZEnvC 149 of the Resource Management Act 1991 of an appeal pursuant to clause 14 of the First Schedule of the Act MIDDLETON FAMILY TRUST AND OTHERS (ENV-2018-CHC-94) Appellants QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Environment Judge J J M Hassan Hearing: In Chambers at Christchurch Date of Decision: 6 September 2019 Date of Issue: 6...

10. Information Sharing Agreement for Sharing Permitted Information with Statistics New Zealand [pdf, 127 KB]

    ...operation of this Agreement. The results of the review will be included in the Ministry's Annual Report. 27. Statistics New Zealand will co-operate with the Ministry of Justice in any review and will take all reasonable actions to make the necessary resources available. Variations 28. Variations to this Agreement will be made in accordance with section 96V of the Privacy Act 1993. 29. If Section 96V (5) of the Privacy Act 1993 applies, amendments to the Agreement may be made by...