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1. Corrigan - Ngatihine H2B (2014) 71 Taitokerau MB 72 (71 TTK 72) [pdf, 210 KB]

   ...200.00 conservation fund. No monetary dividend paid in 33 years. No authority to re enter a second rotation of pine forestry. Compensation for native timbers extracted from customary lands. Wahi tapu sites desecrated from forestry operations. Resource consents being breached by hancocks ltd. Ets entitlements not awarded to the beneficial owners. The forestry trust do not have an environmental management policy. [67] In accordance with my direction, the Trust through Mr Rishworth p...

2. [2024] NZREADT 10 - IH v REAA (12 April 2024) [pdf, 215 KB]

   ...preliminary issue, being the nature of the consent referred to by the licensee when he wrote the warning on the disclosure form that “the deck and spa areas do not have con[s]ent”. This might be a reference to a lack of building or planning/resource management consent, as the Authority suggests,18 or to the pool fencing/barrier requirements or both. The purchaser has explained that the deck did not need building (or presumably any other planning) consent at the time it was built...

3. [2009] NZEmpC WC 17/09 Idea Services Ltd v Dickson [pdf, 84 KB]

   ...effect is that, while engaged on sleepovers, Mr Dickson can only engage in a very limited range of activities. He cannot carry on normal family life or socialise with friends. His privacy is limited. He does not have access to the comforts and resources of his home. He must be sober and quiet. We regard those constraints as substantial and significant. [66] The second factor is the nature and extent of responsibility on the employee. The greater and more extensive the respon...

4. [2016] NZEmpC 135 Nathan v Broadspectrum [pdf, 180 KB]

   ...involved being able to work on lines for Wellington Cable in the future. Broadspectrum was prepared to reinstate Mr Nathan but was not prepared to agree to him returning to Glover Street. [29] As Ms Manning, Broadspectrum’s Regional Human Resources Manager, explained in her evidence to the Court, the company decided on a tactical response to overcome this impasse. On the resumption of the investigation meeting it made the proposal referred to earlier, subject to two qualif...

5. [2019] NZEmpC 40 Berry v The Chief Executive of the Ministry of Business, Innovation and Employment [pdf, 328 KB]

   ...Ms Lakeman, in her brief, states that the fact that the complaint was not made about a MBIE staff member but about a third party over whom MBIE did not have any employment jurisdiction made the situation more unusual than a normal internal human resources complaint. She indicated correctly that MBIE could not just launch an investigation as it might do in relation to an issue between two of its own staff. She therefore considered that any decision as to how to proceed had to be made...

6. [2019] NZEnvC 206 Lake McKay Station Limited v Queenstown Lakes District Council [pdf, 15 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA Court: Hearing: Appearances: IN THE MATTER AND BETWEEN AND Decision No. [2019] NZEnvC 206 of the Resource Management Act 1991 of appeals pursuant to clause 14 of the First Schedule of the Act LAKE MCKAY STATION LIMITED (ENV-2018-CHC-160) HAWTHENDEN FARM LIMITED (ENV-2018-CHC-55) UPPER CLUTHA ENVIRONMENTAL SOCIETY INCORPORATED (ENV-2018-CHC-56) and all other appellants concerning Topic 2 of Stag...

7. Proactive-release-Legal-Services-Amendment-Bill_FINAL.pdf [pdf, 1.8 MB]

   ...equitable access in Article 3 of the Treaty of Waitangi. The counter view is that Māori, who are I N C O N F I D E N C E I N C O N F I D E N C E 4 disproportionately affected by crime, have a strong interest in seeing limited legal aid resources used effectively. New Zealand Bill of Rights Act 1990 26 , careful consideration of equity and access to justice rights will inform further work on section 27, which is scheduled as part of Government’s wider sentencing commit...

8. LCRO 95/2013 GI v JM (28 June 2017) [pdf, 255 KB]

   ...hearing and some idea of timeline to get a hearing in the Family Court under some urgency.” • “I am legally entitled to a fresh start and I am asking for resolution as soon as possible ... so it is crucial we use both time and financial resources wisely.” (f) 10 May 2011: “Thank you for your hard work Monday.” (g) 13 June 2011: “As part of agreeing to attend the [JSC] I expect both parties to be properly prepared.” (h) 30 June 2011: “I agree that we should acce...

9. Director of Proceedings v Platz [2021] NZHRRT 51 [pdf, 500 KB]

   ...instead of concluding that gaining a histological sample in a laparoscopic/open operation would be the appropriate way. He acknowledges that he missed an important opportunity to fully appreciate Mr A’s age and clinical symptoms, the limited resources at Thames Hospital, and Mr A’s desire for the least intervention possible. He takes full responsibility for his actions. Dr Platz has accepted there were steps that he should have taken that he did not and he sincerely regrets t...

10. [2018] NZEmpC 69 A Labour Inspector v Sampan Restaurant Ltd [pdf, 343 KB]

    ...shareholder did not constitute double punishment. In Moir Farms, however, the company’s fine was found to be excessive, and was reduced from $23,500 to $10,000 to provide better consistency and parity with the director’s fine. [36] Under Resource Management Act 1991 prosecutions, it seems the courts will take care to avoid double punishment, such that, in some cases, a collective approach to deciding on the quantum of a fine is appropriate.27 In Hardegger v Southland Regiona...