Search Results

1. [2017] NZEnvC 138 Tasman District Council v Ashton [pdf, 768 KB]

   ...successors, and assigns of the Respondents to the same extent as it applies to the Respondents. C. I direct that copies of the Court's interim decision, the further decision and this enforcement order are to be held on the Council's property file so that they are available for examination by any person perusing that file or seeking a LIM report in respect of the Property. D. Leave is rese1ed for the Tasman District directions if Ord~r A is not complied with. \ i 8 P...

2. [2017] NZEnvC 091 Granger Forrester and Caradoc Davies v Peninsula Holdings Trust and Steve Clearwater Contracting Limited [pdf, 1.2 MB]

   ...and directions set out in this determination. In all other respects the proceedings are adjourned pending the resolution of 2 those issues subject to the Court's directions. REASONS Introduction [1] On 19 April 2017 the applicants filed three separate applications before this Court. These applications were for interim enforcement orders, enforcement orders and an application for declaration. The applications [2] The application for interim enforcement orders sought...

3. Biddle v Karaitiana - Waipahihi 4H Block (2017) 163 Waiariki MB 149 (163 WAR 149) [pdf, 278 KB]

   ...Act 1993. [2] Westpac has raised the issue of jurisdiction of the Court to deal with such claims. In response, I convened a judicial telephone conference on 22 May 2017 where it was agreed that, prior to the substantive hearing, counsel would file submissions regarding the Court’s jurisdiction (if any) to hear the proceedings filed against Westpac, for determination of the issue. 1 [3] This decision addresses that preliminary issue. The Claim [4] The current claims made by...

4. [2017] NZEmpC 72 Nathan v Broadspectrum (New Zealand) Ltd [pdf, 95 KB]

   ...permitted to resume work. He now seeks a compliance order because he maintains that he has not been allowed by Broadspectrum to return to active duties in breach of the judgment in his favour. Preliminary matter [7] On 2 June 2017 Mr Nathan filed an affidavit by Harriette Marie McClelland which produced recent correspondence between counsel for the parties. That affidavit did not comply with a timetable I had previously directed. When the hearing commenced this morning Mr Upton...

5. [2019] NZEnvC 045 Bunnings Limited v Queenstown Lakes District Council [pdf, 1.4 MB]

   ...Resource Management Act 1991, the Environment Court orders that H & J Smith Limited pays the sum of $59,930.19 to Bunnings Limited. B: Under section 286 of the Act this Court names the District Court at Queenstown as the court this order may be filed in for enforcement purposes (if necessary). Bunnings Limited v Queenstown Lakes District Counci l - Costs decision 2 REASONS Introduction [1] The substantive proceeding concerns an appeal by Bunnings Lirnited ("Bunnings...

6. [2020] NZEnvC 136 Environmental Defence Society Incorporated v New Zealand Aluminium Smelters [pdf, 217 KB]

   ...force until further order of the Environment Court. B: Leave is reserved for any party to make an application to amend these orders (if necessary). REASONS Introduction [1] This proceeding concerns an application for declarations filed by the Environmental Defence Society Incorporated (“EDS”) in relation to the movement and storage of dross by-products from the Tiwai smelter site in Bluff to several sites in Mataura. A judicial settlement conference is scheduled...

7. [2020] NZEmpC 91 Dollar King Ltd v Jun [pdf, 208 KB]

   ...on which the Authority’s orders had purportedly been made. It was agreed that the appropriate course was to deal with the challenge with the benefit of submissions of an amicus appointed to assist the Court. [4] The amicus, Ms Austin, has filed comprehensive submissions, for which I am grateful. Counsel for the plaintiff have also filed helpful submissions. [5] I have concluded that the Authority does not have the power to impose an own- motion penalty other than in the lim...

8. [2019] NZEmpC 140 Sfizio Ltd v Mawhinney [pdf, 404 KB]

   ...stated she believes SL has brought the challenge purely to create delay and avoid paying her the sums awarded for payment by the Authority. At the time she gave that evidence, the remedies awarded by the Authority had not been paid. [5] SL filed a notice of opposition, essentially asserting that the application was an intimidation tactic, and there was no basis for making any order. [6] Then submissions were filed. Mr Kersjes, advocate for Ms Mawhinney, said that as a resu...

9. Beauchamp v B & T Co (2011) Ltd (Application for Interim Non-Publication Orders) [2019] NZHRRT 46 [pdf, 440 KB]

   ...as Adzuki Bean Café and Restaurant (Adzuki Bean Cafe). Ms Du is a company director of Adzuki Bean and operates the business with her husband. [5] Ms Beauchamp was employed at Adzuki Bean Café during 2016. Ms Beauchamp’s statement of claim filed in May 2018 alleges the defendants breached s 22(1)(c) and (d) of the Human Rights Act 1993 by discriminating against her in employment on the grounds of her sex. In particular, Ms Beauchamp alleges she was disadvantaged and dismissed be...

10. D Trust v IAG New Zealand Ltd & Max C & Max E & Orange H M & Orange H G & QBE [2019] CEIT-2019-0037 [pdf, 158 KB]

    ...might, therefore, require cross-examination. [4] Had the litigant in person appreciated the difference between submissions and evidence, they could just as easily have incorporated their submissions in a document entitled, “Submissions” and filed an affidavit dealing only with the evidence, leaving final submissions to provide their comments about the evidence of others. [5] KD’s evidence in her affidavit and in her brief does incorporate matters of submission. Bo...