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1. LCRO 202/2015 BT v DG (1 October 2018) [pdf, 234 KB]

   ...allegations to ascertain the date on which Dr DG had arranged the reverse brief. He alleges Dr DG had never arranged the brief, and that, again, Dr DG was lying when he said he had. [47] The Complaints Service must form a view as to where to direct resources. Little turns on the issue raised by Mr BT. Mr BT has a view that whatever Dr DG has said constitutes a lie. That does not provide a reason for the Committee to pursue Mr BT’s allegations. Overview [48] Mr BT has produ...

2. [2020] NZEmpC 231 Lye v ISO Ltd [pdf, 255 KB]

   ...day. Taking planned time off sees a corresponding reduction in the retainer, but the stevedore remains eligible to be allocated to other shifts in the pay period (and the pay for working them). [26] Dean Carter, ISO’s General Manager of Human Resources, explained the rationale for the company’s method of allocating work. There was no significant disagreement between Mr Carter and Mr Lye about how work is allocated. He explained that ISO’s work volumes are dictated by extern...

3. Water quality in Otago July 2015 to June 2020 [pdf, 1.1 MB]

   ...which can affect photosynthesis. High sediment loading also tends to smother the streambed, which reduces macroinvertebrate and fish-spawning habitat. Introduction The Otago Regional Council (ORC) is responsible for managing Otago’s surface-water resources and carrying out regular and extensive long-term water-quality monitoring, as part of its State of Environment (SoE) programme. This report card documents the results of ORC water-quality monitoring undertaken between July 2015 and...

4. Paikea v Paikea - Wiremu Mitai Paikea Whanau Trust (2020) 215 Taitokerau MB 229 (215 TTK 229) [pdf, 269 KB]

   ...interests are vested in that trust, given that such a decision will not be his alone. Kupu whakatau - Conclusion [33] This application is adjourned to enable Wiremu Snr to obtain independent legal advice. If he does not have sufficient resources to meet the cost of legal advice, I am willing to receive an application for assistance from the Special Aid fund. [34] This application is to be set down in the next available list in Whāngarei. Ka pānuitia ki Rotorua a te iw...

5. Taniora v Crown - Pukemakoiti 2 and 4 (2018) 390 Aotea MB 268 (390 AOT 268) [pdf, 357 KB]

   ...land by beneficial owners and to carry on any one or more businesses, undertakings, or enterprises either upon the land or parts thereof, or in connection with some user of the land, which will directly assist in the better utilisation of the resource of the land or any other trust property or the commercial realisation thereof for the beneficial owners. ii) To ensure the retention of the land for the present Maori beneficial owners their successors and assigns. iii) To represent...

6. [2021] NZEmpC 90 OSS Ltd v Arthur [pdf, 264 KB]

   ...Arthur’s case in support of his application for leave may be summarised as follows: (a) His failure to act within time occurred because he had decided not to pursue the matter beyond the Authority stage, having regard to the stress, time resources and costs associated with doing so. He felt he would only engage further if compelled to do so due to a challenge brought by OSS. (b) He has now been drawn into further proceedings where OSS has challenged only certain aspects of t...

7. Duty Lawyer Operational Policy [pdf, 461 KB]

   ...category 21 matter unless: a. there is a statutory onus on a defendant to satisfy a Judge that bail should be granted or b. further enquiries are required on a matter determinative of a grant of bail by the Court, and those enquiries are beyond the resources of the duty lawyers. (Duty lawyers are reminded they must make reasonable enquiries to assist defendants to confirm details, such as address or employment information) or c. the defendant is under an order made pursuant to the Men...

8. [2019] NZREADT 50 - Hu v CAC 416 & Yeung (14 November 2019) [pdf, 220 KB]

   ...to exercise must be sanctioned by the Act creating it. We were not addressed on matters of how one would assess what was an adequate extent of enquiries. We note that resolving such a question would involve consideration of the extent of the resources available to the Committee and the Authority amongst other questions. [18] However, leaving aside the question of jurisdiction to embark upon an enquiry of the kind proposed, we consider that even if there was power for the Tribuna...

9. [2021] NZEnvC 194 Hawke's Bay Regional Council v Lowe [pdf, 6.9 MB]

   IN THE ENVIRONMENT COURT AT AUCKLAND I TE KOTI TAIAO O AOTEAROA KI TAMAKI MAKAURAU IN THE MATTER OF BET\v'EEN AND Decision [2021] NZEnvC 194 an application for enforcement order under ss 314(1) ( da) and 316(2) of the Resource Management Act 1991 (the Act) HA WKE'S BAY REGIONAL COUNCIL (ENV-2021-AKL-130) Applicant DOUGLAS LO\v'E AND DENISE MARYLO\v'E Respondents Court: Environment Judge MJL Dickey sitting alone under s 309 of the Act Hearing...

10. Annexure 4 - Water Quality [pdf, 244 KB]

    ...information was debated throughout this hearing. The debate was largely disconnected from the wider question as to the purpose for which the information is to be used i.e. is it to write a new regional plan or is it to assess applications for resource consent under the RWP? We have discussed the RWP elsewhere in the decision and will not repeat what we said there. We conclude this section by echoing the findings in the executive summary of the State and Trends Report: there is (...