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1. Chief Justice Media Statement COVID-19 Alert Levels 3 and 4 21 08 27 [pdf, 533 KB]

   ...registry will facilitate remote access. Appearances in person should only happen in exceptional circumstances. Members of the public (including a whānau support person or persons for a defendant) whose presence is not required at court will not be permitted to enter unless granted permission by the presiding judge. Masks are to be worn at all times within the courthouse, unless permission is given by a judge. Public counters are closed at Alert Level 4, and all documents can be fi...

2. [2023] NZEnvC 024 Friends of Conical Hill v Hurunui District Council [pdf, 180 KB]

   ...covenant over rough gecko habitat on (a) (b) (c) 5 private land. [7] The disclosure of information relevant to the QEII covenant has already occurred with the Lizard Management Plan and documents pertaining to the applicant’s Wildlife Permit being disclosed to counsel for Friends of Conical Hill and Dr Ogilvie. The court has been advised that this information was subject to an undertaking to maintain confidentiality and was also redacted, but there is concern informat...

3. [2023] NZEmpC 53 Halse v Employment Relations Authority [pdf, 199 KB]

   ...of the Judicial Review Procedure Act 2016. Mr Halse also says that the proceedings he is attempting to judicially review amount to SLAPP (strategic lawsuit against public participation) litigation against him and that the courts should not be permitting it. [10] Ms Taylor, counsel for the Authority, filed a memorandum (dated 23 November 2022) in response to the application and appeared for the purposes of providing 3 Halse v Employment Relations Authority [2023] NZEmpC 38. Those...

4. DML v Montgomery (Costs) [2014] NZHRRT 18 [pdf, 48 KB]

   ...effect on the plaintiff in the course of her employment. [155.2] An order is made under s 92I(3)(b) of the Human Rights Act 1993 restraining the defendants from continuing or repeating the breach of s 62 of the Act, or from engaging in, or causing or permitting others to engage in, conduct of the same kind as that constituting the breach. [155.3] An order is made under s 92I(3)(f) of the Human Rights Act 1993 that the first and second defendants, in conjunction with the Human Rights Com...

5. Auckland Standards Committee v Salter [2015] NZLCDT 28 [pdf, 419 KB]

   ...certificate. He did engage Ms C L in her capacity as a Trust Account Supervisor as an employee of Salta Property Law to conduct transactions through the trust account of another practice. He says that he has now realised that such a course was not permitted for an incorporated firm being in breach of s 110(2) of the Act; (b) His conduct did not cause a problem for the public; (c) The monies had been under control and there was no dishonesty on his part; (d) Since February 2014...

6. JB v IQ [2023] NZDT 321 (12 July 2023) [pdf, 108 KB]

   ...9.12 was based, namely reg 53 of the Traffic Regulations 1956. In Berrett v Smith [1965] NZLR 460, Hutchinson J held that reg 53 was designed to protect the purchaser, and that breach of reg 53 made the seller’s performance of the contract illegal, permitting the innocent purchaser to recover any amount paid in respect of the contract. On other hand, in Fenton v Scotty's Car Sales Ltd [1968] NZLR 929, Woodhouse J held that reg 53 was designed solely to promote road safety, not to pr...

7. FINAL-2021-Research-Memorandum-Witness-Familiarisation.pdf [pdf, 300 KB]

   ...https://www.justice.gc.ca/eng/rp-pr/cj-jp/victim/rr05_vic1/index.html 7 Prairie Research (ibid) at pp. 45-46. https://www.justice.gc.ca/eng/rp-pr/cj-jp/victim/rr05_vic1/index.html 5 availability of existing protections. Other suggestions included preparing for testimony through role-playing and permitting victims of crime to have their own lawyer. 14. Proper witness preparation has also been shown to have quantitative benefits in that it can improve the reliability of the tes...

8. OWRUG 3 Powerpoint Slideshow Otago Dams dated 19 May 2021 [pdf, 4 MB]

   ...MANUHERIKIA CATCHMENT – DAM AGES RANGE FROM 90 TO 118 YEARS OLD  CONTINUING TO SPEND FUNDS ON DAM SAFETY IS NONE NEGOTIABLE – THE FINANCIAL ABILITY OF DAM OWNERS TO CONTINUE TO FUND DAM SAFETY PROGRAMMES WILL BE COMPROMISED IN A 6 YEAR ROLL OVER OF PERMITS  WORKING CAPITAL WILL NEED TO BE BORROWED BUT THERE WILL BE A RELUCTANCE FROM FINANCIERS TO LEND WHERE THERE IS UNCERTAINTY ABOUT USERS ABILITY TO OBTAIN ACCESS TO WATER.  LIABILITY WILL BE COMPROMISED IF OWNERS CANT MEET...

9. Donkin v CAC 10057 & Morton-Jones [2012] NZREADT 44 [pdf, 31 KB]

   ...Merwe. The property had a separate one bedroom basement flat. The property had been advertised by Barfoot and Thompson’s as “legal home and income”. Mr Morton- Jones complained that the salespersons confirmed that the property was a fully permitted legal home and income when it was not. After entering into the agreement [which was conditional upon a LIM report and finance] Mr and Mrs Morton-Jones discovered that the home and income was not a legal home and income. Finance was ac...

10. 2021-05-03 ORC - MOC - evidence in reply and relating timetable matters [pdf, 130 KB]

    IN THE ENVIRONMENT COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY I TE KŌTI TAIAO O AOTEAROA ŌTAUTAHI ROHE ENV-2020-CHC-127 UNDER the Resource Management Act 1991 (RMA) IN THE MATTER of the Water Permits Plan Change - Plan Change 7, 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 the RMA...