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1. Form 23B Fixed Fees A-C [pdf, 331 KB]

   ...Templates V12 – August 2017 page 3 Lead provider Please tick as appropriate: I am making a claim on a grant that has been reassigned to me. I am making a claim on a grant that has been reassigned to another provider. I have filed the Case Management Memorandum within the time frames as set out in 4.6 of the Criminal Procedure Rules 2012. I confirm that: • No other payment, remuneration or benefit has been or will be received in respect of this work (unles...

2. [2019] NZEmpC 26 Moody v Chamberlain [pdf, 226 KB]

   ...seeking the appointment of a litigation guardian for three adult children whose parents are the plaintiffs. [2] I granted the application insofar as it related to Shane Chamberlain and John Robinson, and reserved leave for a further affidavit to be filed in respect of Marita Robinson.1 That was because I was not satisfied, based on the evidence then before the Court, that there was a sufficient basis for making the order sought. An affidavit has now been filed. The affidavit, s...

3. [2019] NZEnvC 047 Northland Regional Council v Far North District Council [pdf, 1.3 MB]

   ...Treatment Plant that is designed to comply with condition 13(f) of resource Consent AUT.0011 08.01.03; and (b) complete the commissioning phase of the upgraded Paihia Wastewater Treatment Plant by 15 March 2020. [3] On 1 March 2019 the parties filed agreed draft enforcement orders. The matter and the draft order were discussed at a pre-hearing conference held on 4 March 2019. Following the conference, an amended draft enforcement order was filed with the Court by the parties. [4...

4. Steele v MSC 2018 Ltd (Referral back to Human Rights Commission) [2019] NZHRRT 25 [pdf, 238 KB]

   ...REPRESENTATION: Mr MJ Steele in person DATE OF HEARING: Heard on the papers DATE OF DECISION: 13 May 2019 DECISION OF CHAIRPERSON REFERRING COMPLAINT BACK TO HUMAN RIGHTS COMMISSION1 Introduction [1] By statement of claim filed on 13 May 2019 Mr Steele alleges he has been sexually harassed by employees of MSC 2018 Limited. [2] Attached to the statement of claim is a memorandum dated 11 May 2019 in which Mr Steele says the Human Rights Commission “has been n...

5. [2019] NZEmpC 56 Boyd v Blanchard [pdf, 200 KB]

   ...Appearances: M Hardy-Jones, counsel for plaintiff D Beck, counsel for defendant Judgment: 13 May 2019 INTERLOCUTORY JUDGMENT OF CHIEF JUDGE CHRISTINA INGLIS (Application for stay of proceedings) [1] The plaintiff has filed a challenge to a determination of the Employment Relations Authority, together with an application for a stay of execution of the orders the Authority made against him.1 The defendant has filed a notice of opposition but advises that sh...

6. EX v UC [2017] NZDT 1011 (24 May 2017) [pdf, 20 KB]

   ...is not durable because of the number of repairs it has undergone since purchase and they wish to reject the dryer and be refunded the purchase price of $499.00, claiming also the cost of the extended warranty of $61.00 and the Disputes Tribunal filing fee of $45.00. Issues Is the EX dryer of acceptable quality as per the Consumer Guarantees Act 1993, specifically is it durable and fit for purpose given the number of repairs carried out between 2013 and 2017? [4] I find...

7. [2018] NZEnvC 224 van der Wilt v Selwyn District Council [pdf, 721 KB]

   ...by the affidavit of India Jane van der Wilt. Section 116 application [3] The s 116 application is made on the following grounds:' (a) the appeal is in relation to three conditions: 2(ii) , 2(iv) and 4(b); (b) no other appeals have been filed in respect of this consent; (c) to allow the consent to commence with the appealed conditions adhered to will not prejudice any party; (d) to allow the consent to commence with the appealed conditions adhered to would not be contrary...

8. Chen v Christchurch City Council [pdf, 19 KB]

   SUMMARY Case: Chen & Ors v Christchurch City Council & Ors File No: TRI 2008-101-000074, 103-105, 112 & 113/ DBH 04221, 04288, 04289, 4290, 04543, 04801 Court: WHT Adjudicator: C Ruthe Date of Decision: 8 May 2009 Background Before the hearing took place for these six claims, all the claimants entered into a settlement arrangement with the first respondent (Christchurch City Council) which resulted in the discontinuance of the claims against it. This determin...

9. [2019] NZEnvC 069 Jacks Point Residential No.2 Limited v Queenstown Lakes District Council [pdf, 701 KB]

   ...no prejudice to any party in this inconsistency being raised at this point, as the other parties could respond to the inconsistency if they have a different interpretation of how the decision reads. [8] No party has raised an issue with the late filing of JPG's memorandum. Nor was any sought that the court should consider a different interpretation . I consider no party will be prejudiced by the court considering JPG's noted inconsistency. It should be clarified now to ens...

10. 2020-12-14 Tom de Pelsemaeker - recommended decisions on submissions [pdf, 106 KB]

    ...another person, my evidence is within my area of expertise. I have not omitted to consider material facts known to me that might alter or detract from the opinions that I express. Recommended decisions on submissions 7 My Evidence in Chief was filed with the Environment Court on 7 December 2020 which included a tracked change version of the plan as Appendix 2 incorporating my recommendations on submissions. 8 In its Minute dated 20 November 2020, the Environment Court advised...