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1. Baigent v ACC [2014] NZACA 10 [pdf, 55 KB]

   ...from hospital on 2 8 June 1991, and for the balance of his care needs he was left to rely on his family, primarily his parents for physical care and financial assistance with additional care that he could not afford to pay for from his own resources. [4] Following the 1996 decision of the High Court in ARCIC v Campbell,1 ACC accepted that Mr Baigent required ACC funded 24-hour attendant care. In 1998 ACC made Mr Baigent a settlement offer of backdated attendant care comp...

2. [2017] NZEnvC 067 PowerCo Limited v Thames-Coromandel District Council [pdf, 481 KB]

   / BEFORE THE ENVIRONMENT COURT Court: IN THE MATTER AND BETWEEN AND Decision No. [2017] NZEnvC 06 1- of the Resource Management Act 1991 of an appeal pursuant to clause 14 of the First Schedule to the Act POWERCO LIMITED (ENV-2016-AKL-000123) Appellant THAMES-COROMANDEL COUNCIL Respondent DISTRICT Environment Judge DA Kirkpatrick sitting alone under s 279 of the Act Hearing: On the papers Date of Decision: 9 May 2017 Date of Issue: ~ 9 MAY 2017 DECISION...

3. Cabinet Paper - Privacy Bill 2018 - Approval for Introduction and Additional Policy Decisions [pdf, 354 KB]

   ...the agency in question, and • uncertainty about whether breaches are material or serious will cause many agencies to request that the Privacy Commissioner decide. This will increase his workload, and consequently decrease his ability to focus resources on preventing serious breaches. 23. I share these concerns. To be effective, the mandatory breach reporting regime must be understandable for all agencies, inside and outside of government. It is also important that people are inf...

4. LCRO 64/2020 - QR - Application for review of a prosecutorial decision (7 September 2020) [pdf, 219 KB]

   ...complexity of the issues in dispute; - the nature and complexity of the submissions which the part wishes to advance; - the significance to that party of an adverse decision (’what is at stake’); and - the competing demands on the time and resources of the court or tribunal. [73] The ‘purpose’ which the Court was referring to was to ensure that parties were given a reasonable opportunity to present their case. The matters referred to in Mr NB’s report are complex, and...

5. The Joint Venture e-Newsletter - August 2020 [pdf, 750 KB]

   ...improvements to their homes. The Joint Venture Business Unit also worked closely with our Māori-Crown partner, Interim Te Rōpū (ITR) and a Pandemic Working Group of Joint Venture agencies, partners, the community sector and experts to re-prioritise resources and support essential services work already underway in the Government’s COVID-19 response. During lockdown, Joint Venture agencies increased their support for victims, perpetrators, families and whānau, and their use o...

6. [2013] NZEmpC 171 Fifita v Dunedin Casinos Ltd [pdf, 126 KB]

   ...what a fair and reasonable employer could have done in all the circumstances at the time the dismissal or action occurred. (3) In applying the test in subsection (2), the Authority or the court must consider— (a) whether, having regard to the resources available to the employer, the employer sufficiently investigated the allegations against the employee before dismissing or taking action against the employee; and (b) whether the employer raised the concerns that the employer...

7. Waitangi Tribunal - issue 57 of Te Manutukutuku [pdf, 571 KB]

   ...coastal marine area as a taonga,” said the tribunal. The proposed system of establish- ing Aquaculture Management Areas (AMAS) which would have space tendered out by regional councils was combined with a two-year mora- torium on the granting of resource consents for any new ventures. The tribunal found that: “The current indications are that the creation of AMAS, combined with the prohibi- tion on marine farming outside the AMAS, may amount to a significant allocation of coast...

8. Chief Executive, Ministry for Culture and Heritage - Tāonga Tūturu found at Plimmerton (2012) 283 Aotea MB 166 (283 AOT 166) [pdf, 202 KB]

   ...confines into the wider present day Wellington region. The Tribunal summarised the position in this way: 4 Ngäti Toa’s residence lay outside the Port Nicholson block. However, they lived at Porirua, in close proximity to Wellington; they used resources within Heretaunga and Ohariu; and they controlled hinterland and coastal access from the northwest. For these reasons, the Tribunal considers that at 1840 Ngäti Toa had ahi ka in the Porirua basin, parts of Ohariu (other part...

9. Frankpitt v Accident Compensation Corporation (Leave to appeal) [2022] NZACC 200 [pdf, 218 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 … . The Court’s judgment of 24 May 2022 [35] Judge McGuire rejected the submission that...

10. COVID-19 Response (Further Management Measures) Legislation Bill – Ministry of Justice [pdf, 215 KB]

    ...Order 2017, which would otherwise take place on 30 September 2020, on the basis that it will no longer be possible to prepare replacement orders by then due to the effects of COVID-19. Schedule 8 - Environment 16. Schedule 8 amends the Resource Management Act 1991 to:  Enable any requirements that documents be made available to the public for inspection in physical form to be satisfied by making them available online free of charge; and  Enable a local authorit...