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1. 2023-09-26-SOE_-Peter-Stacey_Air-Quality.pdf [pdf, 192 KB]

   ...with properties within 200 m of the designation be upgraded to minimise the impact of dust deposition effects.8 However, upon 7 Page 59 of Waka Kotahi Conditions (Track Changes Version). 8 Section 87F and 198D Report, at paragraphs [100] – [101]. P a g e | 5 obtaining a better understanding of the potential for dust deposition effects through further information, as assisted by Mr Curtis’ evidence and related discussions, I consider that it is only likely to be proper...

2. Stewart v Accident Compensation Corporation (Costs on discontinuance of appeal) [2023] NZACC 108 [pdf, 153 KB]

   ...Submissions were then filed by the Corporation, including noting that Ms Koloni, by that point, was already in receipt of judgments of this Court identifying absence of jurisdiction. 1 Stewart v Accident Compensation Corporation [2022] NZACC 101. 3 (e) In February 2023, the matter was set down for hearing to occur on 11 May 2023. A Minute dated 24 February 2023 was issued. (f) In accordance with the Practice Guidelines, it was for the appellant to prepare the required bun...

3. [2023] NZEnvC 252 Woodgate v Palmerston North City Council [pdf, 184 KB]

   ...reasonable” assessment was all that was required, conducted a de novo assessment in accordance with the parties’ 4 Mawhinney at [55]. 5 Country Lifestyles Ltd v Auckland Council [2022] NZEnvC 247 (Country Lifestyles). 6 Mawhinney at [101]. 7 Mawhinney at [104]. 8 Far East Investments Ltd v Auckland City Council A048/01 at [41]. 6 preference. [16] Conversely, in Country Lifestyles, the Court determined that “a ‘fresh view’ of the Council’s decision unde...

4. Consistency with the New Zealand Bill of Rights Act 1990: Regulatory Systems (Transport) Amendment Bill [pdf, 257 KB]

   ...the burden of proof.16 This means the state must affirmatively prove the physical and mental elements of the offence and must also negative any matter of defence raised by the evidence. 12 Clause 118, new section 72I. 13 Hamed v R [2011] NZSC 101, [2012] 2 NZLR 305 at [162] per Blanchard J. 14 Ibid at [172] per Blanchard J. 15 Clause 118, new section 72E. 16 Hansen v R [2007] NZSC 7, [2007] 3 NZLR 1 at [26] and [27] per Elias J. Strict liability offences 21. Strict liabili...

5. 2019 Decisions of public interest

   ...Limited v Livingston (Judgment of Chief Judge C Inglis, 26 August 2019) CONFIDENTIALITY – Admissibility – Emails to employer copied to mediation services – Emails admissible –  ss 148 and 189 Employment Relations Act 2000. [2019] NZEmpC 101 GD (Tauranga) Ltd v Price (Judgment of the full Court, 19 August 2019) HOLIDAY PAY – COMMISSION – average daily pay vs relevant daily pay – whether employer has discretion. [2019] NZEmpC 98 Noble v Ballooning Canterbury.com Ltd (Judgment o...

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6. Consistency with the New Zealand Bill of Rights Act 1990: Land Transport (Revenue) Amendment Bill [pdf, 234 KB]

   ...undergo further inspection to confirm whether any of the circumstances in s 50(1) of the 8 See, for example, Slaight Communications v Davidson 59 DLR (4th) 416; Wooley v Maynard 430 US 705 (1977). 9 See, for example, Hamed v R [2011] NZSC 101, [2012] 2 NZLR 305 at [161] per Blanchard J. 10 Ibid at [172] per Blanchard J. 11 A hubodometer is a device mounted to the axle of a vehicle which measures the distance travelled by measuring rotations of the axle. RUC Act apply12 a...

7. BORA Iwi and Hapii of Te Rohe o Te Wairoa Claims Settlement Bill [pdf, 15 MB]

   ...interest 54 Limited jurisdiction of Waitangi Tribunal in respect of licensed land 91 Reference of certain matters to Waitangi Tribunal for mediation 54 4 PCO 18973 v 5.19: 23 November 2016: 6:00 p.m. 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 lwi and Hapii of Te Rohe o Te Wairoa Claims Settlement Bill Jurisdiction of Waitangi Tribunal to make findings and recommendations Modification...

8. LCRO 369/2013 WS v AD (29 August 2017) [pdf, 334 KB]

   ...counsel, Mr AD indicated that he relied upon all of the material provided to the Complaints Service.27 26 At [46]. 27 Letter from U to LCRO (4 February 2014). 17 Nature and scope of review [101] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:28 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The o...

9. [2018] NZEnvC 217 Dixon v Invercargill City Council [pdf, 702 KB]

   ...the First Schedule of the Act in relation to the Proposed Invercargill District Plan BETWEEN THOMAS ANDREW DIXON, DOUGLAS STANLEY MUNRO AND R MUNRO, JOHN DAVID SCOTT AND OAKLAND FAMILY TRUST (ENV-2016-CHC-097) GREGORY SIMMONS (ENV-2016-CHC-101) Appellants AND INVERCARGILL CITY COUNCIL Respondent Court: Environment Judge J R Jackson Environment Commissioner K A Edmonds Hearing: at Invercargill on 6 August 2018 Appearances: R Chapman for the appellants M Morris fo...

10. People charged and convicted of homicide offences December 2020 [xlsx, 116 KB]

    ...was dismissed or withdrawn) and 3% (3 charges) had an 'other' outcome (the person was found unfit to stand trial or not guilty by reason of insanity). In 2020, 33% of all homicide charges were for 'driving causing death' offences (101 charges), 35% were for murder (107 charges), 18% were for attempted murder (56 charges) and 15% were for manslaughter offences (45 charges). In 2020, 60% of 'driving causing death' charges were convicted (61 charges). Number of cha...