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1. [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...

2. 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 (...

3. Privacy-European-Union-Adequacy-Status [pdf, 1.6 MB]

   ...my officials and the OPC have identified several issues with its practical implementation, which require some technical amendments to the Act. 29. These issues could also be addressed through a Privacy Amendment Bill, subject to time and resourcing constraints. Privacy Commissioner comment 30. The Acting Privacy Commissioner supports an amendment to the Privacy Act aimed at strengthening the level of transparency where an individual’s personal information is collected indi...

4. [2023] NZEmpC 11 New Zealand Air Line Pilots’ Assoc IUOW Inc v Airways Corp of New Zealand Ltd [pdf, 282 KB]

   ...is interpreted. 11 See New Zealand Air Line Pilots’ Assoc Inc v Air New Zealand Ltd [2017] NZSC 111, [2017] 1 NZLR 948, [2017] ERNZ 428; Firm PI 1 Ltd v Zurich Australian Insurance Ltd [2014] NZSC 147, [2015] 1 NZLR 432; and Bathurst Resources Ltd v L&M Coal Holdings Ltd [2021] NZSC 85, [2021] 1 NZLR 696. [48] Having made that observation, the collective agreement does not prevent other agreements being made between Airways and an individual ATC. There is noth...

5. Nigel-Hampton-and-Kathryn-Dalziel-Submissions.pdf [pdf, 230 KB]

   ...availability of translations and translators. Issues 48, 49, 50 and 52: Protection of mosques, Islamic centres and institutional bias against Muslims. 56. Full understanding of how threats were assessed whether by lone actors or organisation, and how resources were allocated are crucial in the prevention of further terrorist attacks. This is important not only in how to protect Muslims or understand the institutional bias against Muslims but is also important to understand potentia...

6. AM and HM v TH and NH [2022] NZDT 69 (24 March 2022) [pdf, 244 KB]

   ...Council provided for the abatement notice was that some of the earth was likely crossing the boundaries with two neighbouring properties. The notice provided that the work required a building consent that HM and AM had not applied for. Additionally, a resource consent CI0301_CIV_DCDT_Order Page 5 of 7 was needed if a retaining wall with a driveway on top was over one metre in height and within one metre of the boundary (which was expected in this case). 29. TH provided several...

7. Kumar v Accident Compensation Corporation (Treatment Injury) [2023] NZACC 034 [pdf, 186 KB]

   ...treatment. (2) Treatment injury does not include the following kinds of personal injury: (a) personal injury that is wholly or substantially caused by a person’s underlying health condition: (b) personal injury that is solely attributable to a resource allocation decision: (c) personal injury that is a result of a person unreasonably withholding or delaying their consent to undergo treatment. (3) The fact that treatment did not achieve a desired result does not, of itself, c...

8. [2024] NZEmpC 51 Citadel Capital Ltd v Miles [pdf, 264 KB]

   ...concerns about the delay that has occurred, there is insufficient evidence to make a finding that the challenge is not being pursued in good faith. 13 That is the case where a stay of execution is being sought for money judgments, see Bathurst Resources Ltd v L & M Coal Holdings Ltd [2020] NZCA 186, (2020) 25 PRNZ 341 at [19]. However, I consider that the same principle also applies more broadly. Would the successful party at first instance be affected injuriously by...

9. Duty Lawyer Policy v 2.13 [pdf, 302 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...

10. [2024] NZEmpC 103 Carrington Resort Jade LP v Maheno (Interlocutory Judgment [pdf, 231 KB]

    ...the same. 5 Assured Financial Peace Ltd v Pais [2010] NZEmpC 50 at [5]; and Dymocks Franchise Systems (NSW) Pty Ltd v Bilgola Enterprises Ltd (1999) 13 PRNZ 48 (CA). 6 See Grove v Archibald [1998] 2 ERNZ 125 (EmpC) at 128–129; and Bathurst Resources Ltd v L&M Coal Holdings Ltd [2020] NZCA 186, (2020) 25 PRNZ 341 at [19]–[20]. 7 Duncan v Osborne Building Ltd (1992) 6 PRNZ 85 (CA) at 87. (c) If Mr Maheno is successful in the substantive proceedings before the C...