Search Results

1. [2022] NZEnvC 111 The Trustees of Dokad Trust and Successors v Auckland Council [pdf, 993 KB]

   ...calculated that the appeal was due by 28 February 2022.7 [11] The Court issued a minute on 11 March 2022 advising the appellants that a waiver application was needed. The Council was directed to advise its position on the waiver. The application was filed, and the Council advised that it opposed the application. [12] The Council states that it emailed Mr Mawhinney the decision on 4 February 2022 at 5.11 pm. 8 It maintains that the covering letter stated that the letter was official...

2. [2022] NZEmpC 144 Vulcan Steel Ltd v Manufacturing & Construction Workers Union [pdf, 231 KB]

   ...employer had the right to choose the method of testing. [5] The Court was not persuaded that this was the case. Therefore Vulcan Steel Limited’s (Vulcan Steel) application for a declaration to that effect was dismissed. [6] The union has now filed an application for costs and disbursements on the basis it was the successful party. It says that actual costs were $25,500 plus GST, and $5,752.50 for the cost of the two experts it called. A contribution to costs of $17,000 is...

3. Yuile v Smith - Tuahu 6 (2022) 113 Tairawhiti MB 198 (113 TRW-198) [pdf, 211 KB]

   ...in paragraphs [29], [30], [33] and [34] of my 23 June 1 By chambers minute dated 15 July 2022, I accepted Brian Yuile’s request as an application for rehearing. I directed that responses from interested parties who oppose the application be filed by 27 July 2022, with replies by interested parties who support the application to be filed by 3 August 2022. 113 Tairawhiti MB 200 2022 decision are incorrect. If the Court also takes into account the proposed succession for...

4. NZBORA advice Spatial Planning Bill Final for publication.pdf [pdf, 224 KB]

   ...reasonably necessary for sufficient achievement of the objective? 5 The Resource Management Review Panel Report June 2020 can be found at rm-panel-review-report- web.pdf (environment.govt.nz) https://environment.govt.nz/assets/Publications/Files/rm-panel-review-report-web.pdf https://environment.govt.nz/assets/Publications/Files/rm-panel-review-report-web.pdf 22. While there is no requirement in the Bill for committees to invite other parties to engage, the engagement agreement...

5. Team Leader AODTC PD 2023 [doc, 131 KB]

   ...procedures, and protocols specific to the AODTC Courts. · Ensure the AODTC legal services team are well informed about changes or initiatives affecting the service. · Provide quality assurance of AODTC legal services teams’ performance including file reviews and court observations of the AODTC lawyers. · Liaise regularly with the Courts to ensure that services meet the Court’s needs. · Arrange for suitable alternate representation from within the AODTC team on the daily rosters if...

6. National Standards Committee 1 v Yang [2024] NZLCDT 23 (1 August 2024) [pdf, 134 KB]

   ...Subsequently, Mr Yang personally applied to enforce the bill against the client. He added a further claim, including work never invoiced and $2,000 for injury to Mr Yang’s feelings because the first bill had not been paid. He altered documents to file in the Disputes Tribunal to obscure reference to his employer. [3] We heard the penalty case on 26 July and issued orders later that day. This decision provides our reasons. We consider the following issues: • Standard pena...

7. 2023-09-26-SOE_-Peter-Stacey_Air-Quality.pdf [pdf, 192 KB]

   ...necessarily exceed the PM10 trigger, as I identify above. P a g e | 7 E. RESPONSE TO SECTION 274 PARTY EVIDENCE [28] My s87F and 198D Report commented on submissions received on the application and NoRs. Having reviewed the evidence filed by section 274 parties, there are no new issues that need to be addressed in relation to air quality. F. CONDITIONS [29] I have reviewed the Waka Kotahi Conditions. With the exception of the amendments made to condition RAQ1A, reg...

8. [2024] NZEnvC 067 Waikato Regional Airport Limited v Waikato District Council [pdf, 418 KB]

   ...matters, at [7.16]. 5 [10] This relief has been assigned to Topic 5.2: Infrastructure reverse sensitivity / setbacks – Hamilton Airport. [11] The consent order resolves the appeal in its entirely. Agreement reached [12] Following the filing of the appeal, WRAL and Council entered into direct discussions and reached agreement on both appeal points. However, the appeal by Jason Howarth13 sought to delete and/or amend policy RLZ-P10. Following Court assisted mediation on 8...

9. [2023] NZEnvC 246 Horticulture New Zealand v Waikato District Council [pdf, 261 KB]

   ...[4] In Decision Report 29B: Natural Hazards and Climate Change – Flood Hazards, and Defended Areas, the Independent Hearing Panel (IHP) on the Council’s behalf rejected the relief sought in HNZ’s submissions. Appeal [5] HNZ subsequently filed this appeal seeking various amendments to Topic 17, including amending rule NH-R9 in the NH chapter to include provision for ancillary rural earthworks. [6] Pukekohe Vegetable Growers Association (PVGA) has given notice of an intent...

10. [2023] NZEnvC 252 Woodgate v Palmerston North City Council [pdf, 184 KB]

    ..._______________________________________________________________ A. The appeal is refused. The decision of the Palmerston North City Council to return Resource Consent Application RC6923 as incomplete under s 88(3) of the Act is upheld. 2 B. Costs are reserved. Any application for costs is to be filed within 10 working days and any response within five working days of receipt of any application. REASONS Background [1] The Appellant lodged an application for resource consen...