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1. [2020] NZEnvC 188 NZ Fairy Tern Charitable Trust v Auckland Council [pdf, 503 KB]

   ...Conservation and Land Information New Zealand agree with adjournment. 4 [15] The Department of Conservation and Land Information New Zealand also request they are not involved in the declaration proceedings, as they have no interest in the water permit. [16] New Zealand Fairy Tern Charitable Trust considers that if they were to adjourn their declaration proceedings, it raises concerns of restarting evidential issues. Directions [17] The Court directs: (a) that evidence on...

2. Grindle v CAC 20004 & Bracey [2014] NZREADT 85 [pdf, 48 KB]

   ...vendor might not be accurate; although he did not seem to think that would be a “great risk” (as he put it) in the present case. [19] The licensee candidly admitted that, since this incident, his agency now requires that vendors of a dairy farm permit the agency and prospective purchasers to confirm production figures direct with Fonterra before the latter submit an offer or bid at an auction. [20] In re-examination, it was covered that important factors in assessing value of a...

3. BORA Patents Bill [pdf, 317 KB]

   ...persons and partnerships providing patent attorney services are qualified and competent to provide patent attorney services. Clauses 187 and 188 carry over the current registration regime under section 103 of the Patents Act 1953 concerning who may be permitted to describe themselves or be held out as patent attorneys or patent agents and who may provide “patent attorney services”. 40. In our view, these clauses have significant and important objectives. They contain offences that ar...

4. National Standards Committee 2 v Paulson Wilson [2021] NZLCDT 16 (14 May 2021) [pdf, 177 KB]

   ...charge need not be addressed. Penalty [25] There is some common ground between the National Standards Committee and the practitioner in relation to penalty. Specifically, the practitioner agrees that an order should be made that she not be permitted to practise on her own account. [26] Ms Paulson Wilson also agrees that she should contribute to costs although seeks a 50 percent discount having regard to her personal circumstances as not having worked as a lawyer since these eve...

5. [2021] NZEnvC 059 Coldicutt v Whitehall Fruitpackers Holdings Limited [pdf, 158 KB]

   ...deficiencies in the District Plan. 1 Background [5] On 16 April 2021 the Waipa District Council (Council) granted consent to Whitehall Fruitpackers to install and utilise vertical horticultural shade cloths (artificial screens) associated with a permitted farming activity (kiwifruit orchards) in the Rural Zone at its property, being 714 Maungatautari Road, Cambridge.2 The Council's Combined Notification and Decision Report recorded the following: 3 The proposal does not provi...

6. [2012] NZEmpC 83 George v Auckland Council [pdf, 95 KB]

   ...conclude that this is not one of the exceptional cases contemplated by the Chief Judge in his correspondence [37] To declare that solicitors should be disqualified and a client prevented from having counsel of its choice, where s 236 of the Act permits any employee or employer to be represented by any person, must be confined to the clearest of cases. This is not one of those. The application is therefore dismissed with costs in favour of the AC. [38] Those costs are reserved....

7. E83 Marian Smith and Josephine Peita - EIC - Ngaati Te Ata [pdf, 1.1 MB]

   ...able to review things in light of our outstanding Te Tiriti o Waitangi claims. The Cumulative Effects on Te Waitemata 31. Te Waitemata and the surrounding areas have been significantly modified by past activities and activities that are currently permitted within the area. 32. We do not have an environmental bottom line or isolated assessments of the effect of particular activities. The mauri of Te Waitemata and the surrounding areas cannot be fragmentised or compartmentalised int...

8. Eddy [2017] NZREADT 37 [pdf, 220 KB]

   ...16.13 went on to specify the orders that could be made following a final determination of a complaint. These were to determine not to take any further action against the member, or to reprimand or censure the member. Clearly, that would not have permitted any penalty order to have been made against Mr Chrisp. [43] We therefore conclude that even if a finding of unsatisfactory conduct could have been made against Mr Chrisp, no penalty order could have followed. [2017] NZREADT...

9. Singh v New Zealand Law Society [2017] NZLCDT 20 [pdf, 250 KB]

   ...[42] The Tribunal cannot disregard the appellant’s protracted challenges to the original charge and that his admission of the charge came only after those challenges were exhausted. The admission was then only made in the context of being permitted to challenge the admissibility of the recording of his voice in the Supreme Court of Fiji. [43] There is the additional concern that the appellant did not disclose to the Society in November 2016 the full range of matters dealt with...

10. [2023] NZEmpC 118 Halse v Hamilton City Council [pdf, 209 KB]

    ...partiality in a broad sense to whoever is disfavoured by the ruling… [101] We know of no common law jurisdiction which accepts that a judge's adverse rulings are disqualifying per se. The problem is rather whether an aggrieved litigant should be permitted to seek recusal on the basis of rulings that are either so patently erroneous or so disproportionate as to suggest that something untoward must have motivated them. Even a statistical approach cannot obtain here: most judges will...