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1. 2021-12-02 ORC - MOC - re PC1 Chapter 7 (Landfills) & PC8 Part H [pdf, 138 KB]

   IN THE ENVIRONMENT COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY I TE KŌTI TAIAO O AOTEAROA ŌTAUTAHI ROHE ENV-2020-CHC-128 UNDER the Resource Management Act 1991 (RMA) IN THE MATTER of the Omnibus Plan Change - Plan Change 8 and Plan Change 1, being part of a proposal of national significance directed by the Minister for the Environment to be referred to the Environment Court under section 142(2)(b) of the RMA AND IN THE MATTER of an application under section 149T of t...

2. [2021] NZEmpC 189 Lye v ISO Ltd [pdf, 178 KB]

   ...bargaining has stalled on the issue of an availability provision. MUNZ made an unsuccessful offer to ISO to attempt to deal with the availability provision proposed to be included in a collective agreement. Dean Carter, ISO’s General Manager Human Resources, acknowledged at the hearing earlier this year that the collective agreement ISO offered to MUNZ was very much in line with the individual employment agreement Mr Lye has with the company. No significant changes were being p...

3. [2021] NZACC 72 - Stryder v ACC (5 May 2021) [pdf, 137 KB]

   ...A request from a party is not sufficient to warrant production of a transcript. The matter remains within the discretion of the Judge. As preparing a transcript of anything but the shortest of hearings will involve a significant use of Court resources, good reasons should be shown before an order to prepare a transcript is made. [10] In this case the appellant has already had the benefit of having received from the Court a transcript of the hearing which would not normally witho...

4. [2022] NZACC 74 – Williams v ACC (4 May 2022) [pdf, 211 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 … . 2 O'Neill v Accident Compensation Corporation [2008] NZACC 250. 5 The ap...

5. [2022] NZEmpC 175 Invacare New Zealand Ltd v Pyne [pdf, 193 KB]

   ...statement of claim, which was served one day before the last day for filing a challenge. [8] Having received the statement of claim Mr Purtill sought further advice from the company’s legal counsel and then sought additional input from a human resources manager and others within the organisation. He later gave instructions to seek leave to file a cross challenge out of time. An application for leave was filed nine days after the statement of claim was served on the company....

6. Muir v Zhou (Strike Out) [2022] NZHRRT 49 [pdf, 144 KB]

   ...defendant. Also, as acknowledged in Gwizo at [75], in a case of an abuse of process a relevant consideration (as to the exercise of the discretion whether to strike out) is the effect of the plaintiff’s non-compliance on the Tribunal itself. The resources of the Tribunal are limited and, in this case, the Tribunal has had to become repeatedly and unnecessarily involved in the proceeding as a result of Ms Muir’s failure to comply with directions. [27] In the circumstances, we are s...

7. BQ v XB & TB [2021] NZDT 1637 (7 October 2021) [pdf, 196 KB]

   ...of the way it was constructed? 6. XB and TB have emphasised that both the final location and construction of the access at issue by the original developer has not been in accordance with council ([X Council]) requirements and has departed from resource consent conditions. A contractor for XB and TB has advised root incursion was inevitable, and that insufficient excavation and back-filling occurred during construction. XB and TB are very critical of what they see as X Council’s not...

8. Anne-Tooheys-Submission-Zuhair-Darwish.pdf [pdf, 197 KB]

   ...the broader context of the New Zealand Bill of Rights Act 1990. Counsel is aware that the Human Rights Commission is providing submissions to your Honour in this respect. 21. The RCOI’s focus on the State Sector agencies and counter-terrorism resources by such agencies has been an important part of governmental response to the March 15 event, with corresponding recommendations.4 However, those issues are not the focus of the Interested Parties counsel represents. They are concerne...

9. Anne-Tooheys-Submissions-Aya-Al-Umari.pdf [pdf, 192 KB]

   ...the broader context of the New Zealand Bill of Rights Act 1990. Counsel is aware that the Human Rights Commission is providing submissions to your Honour in this respect. 18. The RCOI’s focus on the State Sector agencies and counter-terrorism resources by such agencies has been an important part of governmental response to the March 15 event, with corresponding recommendations.4 However, those issues are not the focus of the Interested Parties counsel represents. They are concerne...

10. Auckland Standards Committee 3 v Potter [2022] NZLCDT 36 (12 October 2022) [pdf, 103 KB]

    ...that Mr Potter needed. [3] Mr Potter has much to commend him. Now 50 years of age, he entered law later than most. He overcame unusual hurdles to achieve standing as a member of the legal profession. He was once a competitive sportsman. He is resourceful, turning his hand to building (in which he holds qualifications) and gardening. He has succeeded with academic study and is currently studying for a Master’s degree in law. He has thoughts of continuing to doctoral studies i...