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1. 2021-05-26 Transcript (up until 3.15pm on day 32) [pdf, 2.4 MB]

   BEFORE THE ENVIRONMENT COURT AT CHRISTCHURCH ENV-2020-CJC-127 IN THE MATTER OF The Resource Management Act 1991 AND Of a notice of motion under section 149T(2) to decide proposed Plan Change 7 to the Regional Plan: Water for Otago (referred to the Environment Court by the Minister for the Environment under section 142(2)(b) of the Act) OTAGO REGIONAL COUNCIL Applicant Hearing Commenced: 17 May 2021 in Dunedin Court: Environment Judge J E Borthwick Comm

2. [2012] NZEmpC 189 Haig v Carrington Farms & Ors [pdf, 250 KB]

   ...were both unnecessary for the determination of the appeal and, apparently, not argued comprehensively so that references to them in the judgment of the Court of Appeal are in the nature of observations or obiter dicta. [59] These matters were addressed at [52] and following of the Court of Appeal judgment. Relevant passages include the following: [52] In the 2 April 1996 agreement, it was said that there would be an offer of equity in the New Zealand venture. It is difficult to s...

3. Miller-Hard v Stewart [pdf, 277 KB]

   CLAIM FILE NO: 00765 UNDER The Weathertight Homes Resolution Services Act 2002 IN THE MATTER of an adjudication BETWEEN NICOLE ODETTE MILLER-HARD Claimant AND MELANIE GAIL STEWART First Respondent AND ROBIN LAWRENCE FORD Second Respondent AND BAY BUILDING CERTIFIERS LIMITED Third Respondent AND No Fourth Respondent, the TAURANGA DISTRICT COUNCIL having been struck out. AND No Fifth Respondent, GEOFFREY MORRISON having been struck out

4. Edwards – Whakatōhea (2018) 183 Waiariki MB 169-194 (183 WAR 169) [pdf, 534 KB]

   183 Waiariki MB 169 IN THE MĀORI LAND COURT OF NEW ZEALAND WAIARIKI DISTRICT A20170007260 UNDER Section 30I, Te Ture Whenua Māori Act 1993 IN THE MATTER OF Whakatōhea - an application for review of an order made pursuant to s 30, Te Ture Whenua Māori Act 1993 at 69 Opotiki MB 11-26 dated 2 February 1994 BETWEEN ADRIANA EDWARDS Applicant Hearing: 5-7 March 2018 (Heard at Ōhope) Coram: Appearances: Jud...

5. McCreath v Attorney-General (Costs) [2016] NZHRRT 4 [pdf, 55 KB]

   ...spree of offending committed between September 2009 and December 2010. The offences involved property valued at approximately $80,000 to $85,000. [16.4] At the time of his offending Mr McCreath already owed $21,000 in reparation. In relation to the new offending one victim was $48,000 out of pocket and reparation of $1,100 was sought in relation to the other offences. Judge Garland noted Mr McCreath had no ability to pay reparation. [16.5] A total sentence of six years and three mont...

6. Deputy Registrar v Ruapehu District Council - Section 4 Block IV Town of Ongarue (2013) 312 Aotea MB 137 (312 AOT 137) [pdf, 150 KB]

   ...Council’s submissions [11] Mr Bhullar submitted that in order to meet its costs RDC charges ‘rates’ to land owners. All land owners have a legal and a community responsibility to pay rates to enable local authorities to continue to provide services. Where rates are not paid RDC has various options available to it to enforce the payments of rates depending on the type of land subject of the rates charge. All rates payable in respect of any general land constitute a first char...

7. Create a fraud and corruption policy [pdf, 96 KB]

   ...into the market. It is also bad for public sector agencies, non-government organisations and other taxpayer- funded bodies. It damages the social fabric of society, destroying trust in democratic institutions and undermining the rule of law. While New Zealand has a strong reputation for being corruption free – often topping the table on Transparency International’s Corruption Perceptions Index – this does not mean that we can afford to be complacent. Organisations need to ensure t...

8. [2020] NZEmpC 176 Gates v DC Cladding and Re-Clad Solutions Ltd [pdf, 219 KB]

   ...There was no evidence before me as to why the amounts owed to Mr Gates have not been paid after the determinations and the compliance order were issued. Mr Mathews submitted that the breaches were deliberate and wilful. I agree. [20] Given the service on the company, it is apparent that it is aware of the compliance order but has taken no steps to comply whatsoever. Mr Mathews submitted that the failure to engage in the Authority and in this proceeding displays contempt towards t...

9. [2020] NZSSAA 18 (30 October 2020) [pdf, 189 KB]

   ...large number of documents by email. As some of the files could not be read, the hearing was adjourned and the Authority issued directions explaining the appropriate form for filing. [7] A further telephone conference was scheduled to set a new hearing date. The appellant did not attend that conference and attempts to contact her by telephone failed. Although she had refiled some documents on computer disks, the Authority did not have the facility to read these. Therefore the a...

10. [2017] NZEnvC 157 Speedys Road Hydro Limited v Waikato Regional Council [pdf, 497 KB]

    ...the Act and therefore had to be considered a fresh application. The changes to the other three consents were considered consequential and they were found to come within s 127 of the Act. The application was therefore publically notified as a new application to take surface water and for changes to the other three consents. The new application was assessed as a non-complying activity. The application under s 127 to amend the other three consents was bundled together and was also as...