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1. 2021-02-23 Minute PC7 Expert conferencing [pdf, 882 KB]

   ...have given their evidence prior to the conference commencing. I am advised that it is unlikely their evidence will have been completed before this date and that a fourth week of hearing time may be required. [3] The hearing administrators have filed a draft hearing schedule which is 2 attached to this Minute as Annexure A. [4] In anticipation that expert evidence will take longer than three weeks and secondly, as intimated1 that the parties request additional topics be referred...

2. Environment Court Topic Structure (with pathway comments) -4.11-2.xlsx [xlsx, 24 KB]

   ...review. NA PAUP-022-Coastal Hazards J1 definition of 'Coastal Hazards' and related rules in E36 ENV-2016-AKL-000261 Man O’War Farm Ltd All [stand alone] To be placed on hold pending resolution of the Man O' War Farm Limited appeal filed in the High Court. ENV-2016-304-000094 PAUP-025 Trees D13.6.1; E26.4.5.3; Schedule 10 ENV-2016-AKL-000243 Vernon, K [18]-[22] Housing New Zealand [stand alone] Can progress to Court-assisted mediation. ENV-2016-304-000078 PAUP-028 Future Ur...

3. [2020] NZEnvC 124 Sidwell v Thames Coromandel District Council [pdf, 5.7 MB]

   ...survey plan with the Registrar-General of Land, under s224, RMA, such as to effect the legalised separation of title and hence fulfil the subdivision. 3 audio-visual link. Counsel for TCDC appeared in person. Evidence and submissions were pre-filed. Dr Sidwell and Ms Riley for TCDC spoke to their submissions and Dr Sidwell addressed the court in reply. Background [6] Although the application is primarily concerned with a matter of statutory interpretation, Dr Sidwell has provid...

4. [2019] NZEnvC 151 The Otahuao Burial Ground Trust v Heritage New Zealand Pouhere Taonga [pdf, 6.9 MB]

   ...NEW ZEALAND POUHERE TAONGA 2 this as a case to consider that costs are appropriate. Tentatively the Court is of the view that costs should lie where they fall. In the event that nay party wishes to make an application for costs, they are to file any application within 10 working days and a reply five working days thereafter. We will then consider any application for costs on the parties. REASONS Introduction [1] By decision [2019] NZEnvC 98, this Court concluded that an Auth...

5. LCRO 42/2018 MF v Standards Committee (10 October 2018) [pdf, 262 KB]

   ...the [DEF] herself. As it was, having instead paid the money to her clients, she had no control over what happened. [33] Those last observations call for separate comment which I record at [59]–[60] below. Application for review [34] Ms MF filed an application for review on 21 March 2018. She seeks the reversal of the finding of unsatisfactory conduct and the setting aside of the fine and costs order. [35] She submits that the Committee: (a) took a very “narrow” rather t...

6. Bartlett - Kakiraawa 2B 2F 3 (2018) 73 Tākitimu MB 1 (73 TKT 1) [pdf, 478 KB]

   ...trustees seek directions from the Court to confirm that the original establishment of the marae was valid. Procedural history [4] The application to redefine the class of beneficiaries of the Māori reservation and to reduce the trustees was filed by the Mihiroa Marae trustees on 18 April 2018. As foreshadowed, the application also sought directions regarding the validity of the establishment of the Māori reservation. [5] The case was heard on 7 June 2018.5 At the conclusion of...

7. [2021] NZEmpC 93 Gestro v Relph [pdf, 287 KB]

   ...that Mr Relph should pay costs to Ms Gestro on a 2B scale. I encourage the parties to resolve any cost issues on the basis of this indication, if possible. [106] Given, however, that I have not heard submissions on costs, leave is reserved to file memoranda if necessary. Any memorandum on behalf of Ms Gestro is to be filed by 12 July 2021. Any memorandum from Mr Relph is to be filed by 26 July 2021. B A Corkill Judge Judgment signed at 11.20 am on 28 June 2021...

8. [2022] NZREADT 26 He & An (22 November 2022) [pdf, 253 KB]

   ...Committee of the Nursing Council of New Zealand [2012] NZHC 3354 at [44]–[51] and Katamat v Professional Conduct Committee [2012] NZHC 1633, [2013] NZAR 320 at [49]. 9 MR HE – PENALTY Submissions [38] On 2 September 2022 the Committee filed submissions as to penalty. They submit that the appropriate penalty for Mr He is censure and a fine of $8,000. [39] They submit that the conduct is at a moderate to high level of seriousness. Whilst not a deliberate or dishonest act...

9. NM & B Ltd v J Ltd & RJ Ltd [2021] NZDT 1662 (9 August 2021) [pdf, 240 KB]

   ...of the Disputes Tribunal hearing there is no jurisdiction for the District Court to reach a finding different to that of the Referee. A Notice of Appeal may be obtained from the Ministry of Justice, Disputes Tribunal website. The Notice must be filed at the District Court of which the Tribunal that made the decision is a division, within 20 days of the decision having been made. There is a $200 filing fee for an appeal. You can only appeal outside of 20 days if you have been granted an...

10. CH v Q Ltd [2021] NZDT 1617 (9 August 2021) [pdf, 175 KB]

    ...and skirtings to allow K Ltd to replace the pipework and fittings for 9 to 10 radiators and two towel rails would be $3,000.00 to $3,500.00, based on an hourly rate of $65.00 to $70.00. I note DY’s comment that, although the skirtings are high profile ones, some gib-board will need to be cut-out to allow access to crimp elbows. While I accept that DY’s estimate was a ball-park one given off the top of his head, I consider it to be a reasonable estimate even though CH says that DY is a...