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1. [2018] NZEmpC 145 FGH v RST [pdf, 252 KB]

   ...judgment of 1 June 2018;3 I directed that remedies would be considered at a subsequent hearing. [4] Prior to the remedies hearing, which was ultimately scheduled for 29 November 2018, an application for permanent non-publication orders was filed. It was supported by evidence of the plaintiff, Ms H, as given for the purposes of the interlocutory application, and at the first hearing; and by affidavits taken from her parents, her general practitioner (GP), and a psychiatrist....

2. 2021-03-12 Joint - MOC - expert conferencing - hydro & community water [pdf, 139 KB]

   ...(Hydrology) Territorial authorities Venue 8 The parties’ preferred venue for expert conferencing is Dunedin. Otago Regional Council will provide a scribe for the conferencing. Steps following conferencing 9 A Joint Witness Statement is to be filed with the Court within 3 working days of the conclusion of conferencing. Once the Joint Witness Statements from the hydro and community water supply conferencing are provided, together with the Joint Witness Statement from the pr...

3. [2021] NZEnvC 004 Northland Regional Council v Croft Pole Distributors Limited [pdf, 863 KB]

   ...some extent on the time that the council takes to process tl1e application. Accordingly, Mr McKean is anxious to maintain tl1e ability to amend tl1e timetable for proper reasons if tl1ere are such delays. Consideration [5] The parties originally filed tl1is in tl1e form of the applicant undertaking steps to obtain tl1e consent and implement it. I take tl1e view, rightly or wrongly, tl1at the Court cannot demand a party apply for a resource consent, which is a voluntary step. On tl...

4. [2021] NZEnvC 005 Northland Regional Council v Croft Pole Distributors Limited [pdf, 863 KB]

   ...some extent on the time that the council takes to process tl1e application. Accordingly, Mr McKean is anxious to maintain tl1e ability to amend tl1e timetable for proper reasons if tl1ere are such delays. Consideration [5] The parties originally filed tl1is in tl1e form of the applicant undertaking steps to obtain tl1e consent and implement it. I take tl1e view, rightly or wrongly, tl1at the Court cannot demand a party apply for a resource consent, which is a voluntary step. On tl...

5. Allan v Christchurch City Council [pdf, 22 KB]

   SUMMARY Case: Allan & Anor v Christchurch City Council & Ors File No: TRI 2009-101-000110/ DBH 04892 Court: WHT Adjudicator: C Ruthe Date of Decision: 21 July 2009 Background The claimants filed the present claim under the Weathertight Homes Resolution Services Act 2006 against a number of respondents involved in the construction of the subject dwelling. However as some of these respondents have been removed from these proceedings prior to the hearing, this determ...

6. [2019] NZEnvC 070 Hawke's Bay Regional Council v Brown [pdf, 140 KB]

   ...notice. In this context that the Council now seeks an enforcement order from this Court. 1 Qualified with degrees in ecology, biodiversity and environmental studies. 3 The application for enforcement orders [8] On 31 January 2019 the Council filed an application for enforcement order against Mr Brown. The application sought enforcement orders requiring Dean Aaron Brown to: (a) Cease using the septic tank sewage disposal system installed at 2059 State Highway 50, RD 5, Hastin...

7. [2021] NZEnvC 069 The Tree Council (Auckland) Inc v Auckland Council [pdf, 874 KB]

   ...adjourned to a date no later than 14 October 2021. (c) The hearing of these matters set down for 24 May 2021 is vacated with appearances excused. B: Costs are reserved. REASONS Introduction [1] On 29 April 2021 The Tree Council (Auckland) Inc. filed an ex pa,te application for an interim enforcement order under s 320 of the Act. The Court gave its decision on that application on 30 April 2021 1 and made the following interim order: Jianhua Zheng of Auckland, together with hi...

8. Clarke - Maketu A Section 39 Block and Lot 2 Deposited Plan South Auckland 25586 (formerly Maketu A42C Block) (2019) Māori Appellate Court MB 696 (2019 APPEAL 696 [pdf, 101 KB]

   ...2007, 318 Rotorua MB 3-11 and on 1 June 2017, 163 Waiāriki MB 231-236, on the basis that these orders are erroneous because of a mistake on the part of the deputy registrar in the presentation of the facts to the Court. (c) Ms Overington is to file her response, if any, by 13 December 2019. [14] The file is then to be referred to us for further directions. Pronounced at 2.15pm in open Court at Rotorua on Friday this 29th day of November 2019 L R Harvey S R Clark...

9. LCRO 26/2016 GX v BK (29 October 2018) [pdf, 84 KB]

   ...[5] The Committee dealt with Ms GX’s complaint on the basis that it primarily related to fees and concluded there was no basis on which to make a determination that was adverse to Mr BK. [6] Ms GX firmly disagrees with that outcome, so she filed an application for review in February 2016 and wanted to be heard in support of her review application. [7] Mr BK indicated he had nothing further to add to the materials he had provided to the Committee and the matter was queued for a...

10. DT form 6: Notice of objection of enforcement order [pdf, 1.2 MB]

    ...form for? Use this form to make a claim to the Tribunal. 1. Fill in all sections below. 2. Print in CA P ITAL LE TT ERS . 3. C heck before submitting this form, that you have answered all questions, it is signed and dated, and the filing fee is included. Note: This form will be returned to you if it is incomplete, unsigned, undated, the filing fee has not been included and 3 copies of the form is not supplied. 4. S ubmit 3 copies of this form by post or in person to...