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1. 2021-03-18 ORC PC7 Hearing Schedule (draft as at 17 March 2021) [pdf, 295 KB]

   ...Bridget Irving Opening Submission Opening Opening (1hr) Court (15min) OWRUG Hort NZ FS711 71131 Ian McIndoe Hydrology (Dams) Evidence Summary (10min) Court (45min) ORC (45min) F&G (30min) RF&B (30min) Lunch (12.45pm) OWRUG *If time permits Mr Hickey to be called, otherwise to be re-scheduled for later in the Hearing Matthew Hickey Hydrology / Ecology Evidence Summary (10min) Court (45min) ORC (1hr) Nga Rūnanga (30min) DOC (30min) F&G (30min) RF&B (3...

2. Jones v ACC [2014] NZACA 17 [pdf, 70 KB]

   ...determine the issue as between those who were party to the litigation. Furthermore, parties who are involved in litigation are expected to put before the court all the issues relevant to that litigation. If they do not, they will not normally be permitted to have a second bite at the cherry: Henderson v Henderson (1843) 3 Hare 100. [33] It is part of the law of New Zealand, as expressed by the Court of Appeal in R v Smith [2003] 3 NZLR 617, [46]: Unless a judgment of a Court is set a...

3. Southern-Pastures-Limited-Partnership.pdf [pdf, 287 KB]

   ...phosphorus, sediment and microbial pathogens by the short-term numeric water quality values in Table 3.11-1 being met no later than 10 years after Chapter 3.11 of this Plan is operative. Support Policy 1(c) Amend as follows: Enabling, through permitted activity rules, low intensity farming and horticultural activities (not including commercial vegetable production), with low risk of diffuse discharge of those contaminants to water bodies, and requiring resource consents for all othe...

4. [2011] NZEmpc 122 Chen v BancLogix Limited [pdf, 106 KB]

   ...approved by Mr Boland on 16 September 2008. On 25 September 2008, Mr Chen again attended the office and a staff member reported to Mr Boland that he was trying to access the computers. Mr Boland spoke to Mr Chen and told him that he was not permitted to access the computers. At the same time, Mr Chen requested unpaid sick leave in advance from 10 October 2008 to 11 November 2008 but Mr Boland was not prepared to approve that application. Mr Boland told the Court that Mr Chen d...

5. [2012] NZEmpC 61 Pacific Flight Catering Ltd v Service and Food Workers Union [pdf, 135 KB]

   ...a union to initiate enforcement action on behalf of its members, principles of agency should apply so that only a party whose rights have been infringed can enforce those rights. The plaintiffs say that, as per Spotless, although ss 18 and 236 permit an employee to be represented by a union, they do not extend to permitting a union to issue proceedings in its own name, whether under s 130(2) or otherwise. The importance of the matter in this case, as the plaintiffs have identified...

6. [2022] NZEnvC 085 Lee & Rochwalski v Buller District Council [pdf, 380 KB]

   ...consulted. No assessment of environmental effects – seasonal flow and quality and quantity of supply of no concern. There was an obligation to have followed all processes correctly. The reasons for requiring the witness summons concern a water permit granted to the District Council. While the District Council accepts that the lawfulness of the resource consent may be relevant for determining if the activity can proceed, it submits the Environment Court has no jurisdiction in this...

7. Henderson - Waiohiki 1D2B10D (2016) 55 Takitimu MB 83 (55 TKT 83) [pdf, 337 KB]

   ...land or the whole interest, not an undivided interest. In other words, the Act provides greater flexibility for the alienation of a whole block compared with undivided interests, by giving the preferred class a right of first refusal but then permitting alienation outside of the class of the whole block. With undivided interests, alienation is restricted to the preferred class. [29] Then in Loach v Bidois - Matarikoriko No 7B2A the applicant sought to alienate 0.5 shares in Matarik...

8. Wood v Accident Compensation Corporation [2015] NZACA 6 [pdf, 185 KB]

   ...following the accident. [5] In 2009, some 21 years after the review decision is assumed to have been made, Mr Wood mounted this application seeking leave to appeal. The essential issue for me is whether it is in the interests of justice to permit a late appeal, given this history of the ERC claim. BACKGROUND [6] The following narrative has been compiled from the documents made available to me by the parties. Those documents are necessarily incomplete, as the Corporation d...

9. Taylor v Corrections (No. 2) [2018] NZHRRT 43 [pdf, 323 KB]

   ...effectively with the matter before it, whether or not it would be admissible in a court of law. (2) The Tribunal may take evidence on oath, and for that purpose any member or officer of the Tribunal may administer an oath. (3) The Tribunal may permit a person appearing as a witness before it to give evidence by tendering a written statement and, if the Tribunal thinks fit, verifying it by oath. (4) Subject to subsections (1) to (3), the Evidence Act 2006 shall apply to the Tribunal...

10. Hale v Chester Burt Funeral Home Ltd [2012] NZHRRT 10 [pdf, 76 KB]

    ...principle 11 (Principle 11) which stipulates that an agency that holds personal information “shall not disclose the information to a person or body or agency unless the agency believes, on reasonable grounds” that disclosure of the information is permitted by one or more of the nine grounds enumerated in Principle 11. Chester Burt Funeral Home Ltd acknowledges that it has breached Principle 11. The issue in these proceedings is the nature of the remedy to be granted to Mr Hale. 2...