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1. 2021-06-09 ORC - MOC - Seeking directions regarding timeframes [pdf, 126 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...

2. [2007] NZEmpC AC 10/07 X v Auckland DHB [pdf, 338 KB]

   ...was its Deputy Chief Executive and General Manager of Auckland City Hospital, Nigel Murray. He was assisted in his role by two other significant players, the Board’s Chief Medical Officer and leading clinician, David Sage, and its Deputy Human Resources Manager, Vivienne Rawlings. The decision to dismiss the plaintiff was Dr Murray’s although taken in reliance on input and advice of Dr Sage and Ms Rawlings and also from the Board’s lawyer, Andrew Caisley. [5] Without in any...

3. FM & PM v G Ltd [2023] NZDT 134 (30 May 2023) [pdf, 191 KB]

   ...$15,000.00 deposit on the basis that the two contracts were interdependent and therefore, both deposits ought to be refunded. Furthermore, the applicants claim they were misled and did not understand that the build deposit was to be used to progress the resource consent (eg engineers, draughting). 7. The issues to be determined are (a) Is the Sale and Purchase Agreement for the sale of the land with QF Ltd and the Building Contract with the respondent for the house, interdepende...

4. 2021-03-15 Trustpower 1- Extract from s 32 Evaluation of Proposed NPS FM 2020 dated 22 July 2020 [pdf, 175 KB]

   ...Objective for the reasons discussed above 7.4 POLICY 4 Policy 4 Fresh water is managed as part of New Zealand’s integrated response to climate change. Supported by: Part 3 Subpart 2 National Objectives Framework 3.14 Setting limits on resource use 3.16 Setting environmental flows and levels 3.31 Large hydro-electric generation schemes 7.4.1 INTENT Policy 4 is a new policy and is the only policy relating to climate change in the NPS-FM 2020. It has been included as pa...

5. [2016] NZEmpC 92 Patel & Anor v Sharma [pdf, 90 KB]

   ...significant impediments to recovering any payment that may have been made and, in this case, those matters would be compounded by concerns about Mr Sharma’s ability to pay given his outstanding loan. There is no evidence Mr Sharma has the financial resources from which he could repay the plaintiffs, if required to do so, and the existence of his unpaid loan suggests he would not be able to do so. [19] Mr Sharma’s interests, at least partly, will be addressed by ensuring that...

6. [2020] NZEmpC 91 Dollar King Ltd v Jun [pdf, 208 KB]

   ...the statutory directive that it is to discharge its role “without regard to technicalities”.2 It is also clear that Parliament intended the Authority to be an accessible forum for parties (of varying financial means, capabilities and resources) to bring their employment issues to it for speedy, non-technical, pragmatic resolution.3 The Authority was designed as a new model for dispute resolution in this jurisdiction, with the Authority member taking on an inquisitorial r...

7. [2012] NZEmpC 68 Postal Workers Union v NZ Post Ltd [pdf, 110 KB]

   ...[14] A number of issues arose at a pre-trial stage, including issues relating to the identity of the plaintiff and the formulation of the question to be determined by the Court. I accept that these issues required the application of additional resources by the defendant. [15] Counsel for the defendant submits that the plaintiff’s conduct in relation to post trial issues also added unnecessarily to the costs incurred by the defendant, with particular reference to an applicati...

8. Tatana - Estate of Ratahi Tatana (2017) 157 Taitokerau MB 132 (157 TTK 132) [pdf, 209 KB]

   ...Mr Richard Tatana (another of the last Hinerakei Tatana’s children) moved into the cowshed and began alterations to it. There has been no authorisation for this. Mr Coutts says: “8.5 (b) The reality is that the trustee does not have the resources to remedy the perceived damage to the cowshed and the missing chattels in the cowshed and our observation is that if the granting of Licenses to occupy is to be delayed to allow remedy of such matters, assuming the trustee had resour...

9. 221013-Web-Attachment-Wayfinding-for-Civil-Justice-Draft National Strategy.pdf [pdf, 414 KB]

   ...that can only be achieved through an overarching shared strategy to guide our way to improved access to justice.4 There are limited funds available in Aotearoa New Zealand to address its access to justice problems. Wayfinding is about using what resources we do have as strategically as possible. It is also about providing clear signals to funders of access to justice mahi (government and non-government) about what work is ongoing, where the gaps are, and where co-ordination can be achie...

10. Panchalingam v Accident Compensation Corporation (Leave to Appeal) [2024] NZACC 75 [pdf, 189 KB]

    ...Judge made an error of law capable of bona fide and serious argument. [36] Even if the qualifying criteria had been made out, I would not have exercised my discretion to grant leave, in the interests of ensuring the proper use of scarce judicial resources and the finality of litigation. I am not satisfied as to the wider importance of any contended point of law. [37] The application for leave to appeal is dismissed. Judge Ian Carter District Court Judge Applicant is self-r...