Search Results

1. Regulatory Impact Statement Enabling Service Transformation in Courts and Tribunals [pdf, 77 KB]

   ...closest court with AVL facilities is Auckland District Court. This means that for each AVL appearance, the court has to make an order to transfer the file to Auckland District Court. Having to comply with this requirement is an inefficient use of court resources. Evaluation criteria 13. The policy options to address the problem were assessed against the following criteria, which are central to the Ministry’s objective of providing modern, accessible and people-centred court and tribu...

2. [2020] NZEnvC 002 Echave v Thames Coromandel District Council [pdf, 411 KB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2020] NZEnvC 002 of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act MANOLO ECHAVE (E NV-2018-AKL-00037 8) Appellant THAMES-COROMANDEL DISTRICT COUNCIL Respondent Court: Environment Judge M Harland sitting alone under s 279 of the Act Date of Decision: 15 January 2020 Date of Issue: 1 5 JAN 2020 DECISION OF THE ENVIRONMENT COURT...

3. KC v Accident Compensation Corporation (Leave to appeal to the High Court) [2024] NZACC 37 (23 February 2024) [pdf, 216 KB]

   ...properly construed or interpreted and applied to the facts is a question of law …. [25] Even if the qualifying criteria are made out, the Court has an extensive discretion in the grant or refusal of leave so as to ensure proper use of scarce judicial resources. Leave is not to be granted as a matter of course. One factor in the grant of leave is the wider importance of any contended point of law …. [20] In Gilmore,4 Dunningham J stated: [55] I accept that, for the purposes of l...

4. [2024] NZEnvC 187 Gisborne District Council v Barraclough [pdf, 6.2 MB]

   Gisborne District Council v Barraclough IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TAMAKI MAKAURAU Decision [2024] NZEnvC 187 IN THE MATTER OF an application for enforcement orders under s 314 of the Resource Management Act 1991 BETWEEN GISBORNE DISTRICT COUNCIL (ENV-2024-AKL-018) Applicant AND M J BARRACLOUGH Respondent Court: Environment Judge MJL Dickey sitting alone under s 279 of the Act Hearing: On the papers Last case event:...

5. [2024] NZEnvC 204 Fleming & Jelaca v Waikato District Council [pdf, 369 KB]

   Fleming & Jelaca v Waikato District Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2024] NZEnvC 204 IN THE MATTER OF an appeal under clause 14 of the First Schedule of the Resource Management Act 1991 BETWEEN S & T FLEMING P JELACA (ENV-2022-AKL-068) Appellants AND WAIKATO DISTRICT COUNCIL Respondent Court: Environment Judge S M Tepania Hearing: On the papers Last case event: 6 August 2024 Counsel:...

6. Nga Kupu Maori mo te Kooti Whenua Maori me te Ropu Whakamana i te Tiriti o Waitangi [pdf, 24 MB]

   A te reo Māori resource for words used in the Māori Land Court and the Waitangi Tribunal Ngā Kupu Māori mō te Kooti Whenua Māori me te Rōpū Whakamana i te Tiriti o Waitangi ����������������� acting prudently mahi i runga i te āta tūpato acting reasonably mahi i runga i te āta whakaaro acting competently mahi i runga i te matatau ki ngā mahi acting in good conscience mahi i runga i te whakaaro pai acting impartially mahi i runga i t...

7. Discussion Document Review of the Courts Remote Participation Act 2010 [pdf, 487 KB]

   ...use of remote participation. Changing the legislation governing remote participation may not, by itself, result in significantly increased use. We recognise that investment in remote participation infrastructure, such as technology, facilities, resources, and training, is also needed. Audio-visual technology is not consistently available across all courts and other justice sector facilities. Effective remote participation also depends on individual participants having access to technolog...

8. [2024] NZEmpC 204 Joyce v Ultimate Siteworks Ltd [pdf, 218 KB]

   ...also Postles v Airway Corp of New Zealand Ltd, above n 11, at [33]–[39]. 14 See Port of Tauranga Ltd v Bay of Plenty Regional Council [2022] NZEnvC 92 at [10], in which Chief Judge Kirkpatrick of the Environment Court was referring to s 275 of the Resource Management Act 1991, which is similar in effect to s 236 of the Employment Relations Act. they engage in unacceptable conduct. In my view, and recognising there is conflicting authority, this can include preventing a repr...

9. 20240930-Sentencing-Reform-Proactive-Release-2nd-Tranche_FINAL.pdf [pdf, 8.7 MB]

   ...Discount increment: Up to 25% A maximum of 25% aligns with current judicial decision-making and has been agreed to by Cabinet (CAB- 24-MIN-0203.02). A guilty plea at this point, the earliest stage of the scale, has the most value for saving court time, resources, and reducing inconvenience and distress to any victims and witnesses. First reasonable opportunity is used instead of a specific court event because: • the phrase better accommodates the time needed by prosecution for the ini...

10. [2024] NZEnvC 276 Horticulture New Zealand v Selwyn District Council [pdf, 337 KB]

    HORTICULTURE NZ v SELWYN DISTRICT COUNCIL – PDP CONSENT ORDER IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2024] NZEnvC 276 IN THE MATTER of the Resource Management Act 1991 AND an appeal under clause 14 of the First Schedule of the Act BETWEEN HORTICULTURE NEW ZEALAND (ENV-2023-CHC-102) Appellant AND SELWYN DISTRICT COUNCIL Respondent Environment Judge P A Steven – sitting alone under s279 of the Act In Chamber...