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1. Brunton v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 217 [pdf, 212 KB]

   ...[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 2 O’Neill v Accident Compensation Corporation [2008] NZACC 250. 10 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 … . [23] In Gilmore,3 Dunningham J stated: [55] I accept that, for the purposes of leave, i...

2. [2024] NZEnvC 010 Fraser Auret Racing v Rangitīkei District Council [pdf, 212 KB]

   FRASER AURET RACING v RANGITĪKEI DISTRICT COUNCIL IN THE ENVIRONMENT COURT AT WELLINGTON I TE KŌTI TAIAO O AOTEAROA KI TE WHANGANUI-A-TARA Decision No. [2024] NZEnvC 010 IN THE MATTER of an appeal under cl 14 of Schedule 1 of the Resource Management Act 1991 BETWEEN FRASER AURET RACING (ENV-2020-WLG-037) Appellant AND RANGITĪKEI DISTRICT COUNCIL Respondent Court: Environment Judge B P Dwyer Environment Commissioner D J Bunting Hearing: On the papers Last...

3. INZ (Calder) v Tian [2019] NZIACDT 58 (27 August 2019) Sanctions [pdf, 204 KB]

   ...electronic information she provided contained all the relevant disclosable material and that there was little in the paper files that was relevant or disclosable. [32] The compliance task was in Ms Tian’s view major and beyond her immediate resources. She did not take advice at the time, nor did she then express her concerns. The impact on her of this aspect of the events had been traumatic. She came from a country with an authoritarian regime and the demands were seen by her...

4. [2016] NZEmpC 137 Bennett and Others v Michaels and Others [pdf, 179 KB]

   ...acts …” 4 [20] The following discussion of decisions in which lifting or piercing the corporate veil has been considered provide valuable pointers to how the Court should deal with the situation in the present case. [21] Prest v Petrodel Resources Ltd is the leading United Kingdom case on the subject and has been influential in New Zealand. 5 There are also New Zealand authorities which pre-date this judgment. In Prest at first instance, 6 the High Court in this matrimo...

5. E63 John Parlane - Traffic - EIC - ATC [pdf, 1.2 MB]

   ...1142 DX CP22001 Solicitor: Marija Batistich/ Louise Trevena-Downing E: Marija.Batistich@kensingtonswan.com/Louise@kensingtonswan.com BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA ENV-2018-AKL-000078 Under the Resource Management Act 1991 (‘the Act’) In the matter of Between a direct referral of an application for resource consent for the necessary infrastructure and related activities associated with holding the America’s Cup in Auc...

6. [2022] NZEmpC 89 Bay of Plenty District Health Board v CultureSafe New Zealand Ltd [pdf, 299 KB]

   ...DHB’s motivation is in bringing the proceeding, reference is made to an overseas phenomena of “strategic litigation against public participation” which is outlawed, he says, because it gives wealthy parties an advantage by exhausting the resources of less wealthy parties. [16] Mr Halse goes on to dispute the way in which the Authority performs its role and submits that the Court has effectively supported its approach, which has “progressively disabled” the dispute resol...

7. [2018] NZEnvC 232 Tasman District Council [pdf, 3.4 MB]

   ...McCallum Road to the southern end of the 20 metre corridor. The District Plan [18] Clause 6 of the Tenth Schedule requires the Court to consider the district plan when deciding if road should be stopped. The relevant district plan is the Tasman Resource Management Plan (the "TRMP"). Ms J Hilson, a planner engaged by the Council, set out the relevant chapters of the plan in her affidavit. She notes that while the TRMP does not give specific direction on road stoppings, so...

8. Waitangi Tribunal - issue 53 of Te Manutukutuku [pdf, 481 KB]

   ...them as a defeated people and granted 97 percent of Rekohu (the Moriori name for the Chathams) to Ngäti Mutunga and Ngäti Tama,while leaving Moriori with less than 3 percent of the land.Moriori claim that in failing to recognise their land and resource rights the Crown destined them to poverty and powerlessness in their ancestral home. Ngäti Mutunga claimed that Moriori were not Mäori and therefore not covered by the Treaty of Waitangi Act 1975. Both Ngäti Mutunga and Moriori...

9. [2017] NZEnvC 096 Findlay v Waipa District Council [pdf, 507 KB]

   [BEFORE THE ENVIRONMENT COURT Court: Appearances: IN THE MATTER AND IN THE MATTER BETWEEN AND AND AND Decision No. [2017] NZEnvC Oq <0 of an appeal pursuant to clause 14 of the First Schedule to the Resource Management Act 1991 (the Act) of Directions under s 293 of the Act PETER JOHN FINDLAY and DONNA MARGARET FINDLAY (ENV-2014-AKL-000119) Appellants WAIPA DISTRICT COUNCIL Respondent HAMILTON CITY COUNCIL and NEW ZEALAND TRANSPORT AGENCY S 274 Parti...

10. [2015] NZSSAA 009, 13 February [pdf, 66 KB]

    ...point. [35] The Ministry have identified both the appellant and Mr XXXX as spending money at the XXXX camping ground in December 2006/January 2007 suggesting that not only were they at the camping ground at the same time, but each used their own resources to support the household. [36] Given our conclusion that the appellant was living at XXXX and that the bank accounts available for Mr XXXX show no payments for rent, we infer that there was an arrangement between the appellant and...