Search Results

1. [2023] NZEnvC 159 Beachen v Auckland Council [pdf, 637 KB]

   ..._________________________________________________________________ A: The abatement notice is confirmed. B: The appeal is disallowed. The stay will end within 21 days. C: Any application for costs must be made within three weeks and any reply shall be filed and served two weeks after that. 2 REASONS Introduction At least three years ago Mr Beachen moved a tiny home onto his property by trailer. It remains on the trailer, and while containing kitchen and bathroom faciliti...

2. [2024] NZEnvC 052 Lakeside Developments 2017 Limited v Waikato District Council [pdf, 368 KB]

   ...reflected the existing character (the Decision). This was on the basis that many matters identified as being unique for each town and village were duplicates and did not actually reflect the character, amenity or features of each town.1 [3] Lakeside filed an appeal on 28 February 2022 seeking the inclusion of a policy into PREC31 – Lakeside Te Kauwhata Precinct which specifically addresses the growth and development of the Precinct. 1 Decision Report 5: Strategic Decisions of...

3. [2024] NZEmpC 74 Hu v Passion Fresh Ltd [pdf, 273 KB]

   ...BETWEEN YANFANG HU Plaintiff AND PASSION FRESH LIMITED First Defendant AND WHVER HUB LIMITED Second Defendant Hearing: 29 November 2023 (Heard at Christchurch via Audio Visual Link) and further submissions filed on 8 March, 18 March and 9 April 2024) Appearances: M Moncur, advocate for plaintiff M McGoldrick and K Zafar, counsel for first defendant No appearance for second defendant Judgment: 13 May 2024 JUDGMENT...

4. Samuela v Accident Compensation Corporation (Prelimary jurisdiction issue) [2023] NZACC 162 [pdf, 262 KB]

   ...abatement would be unfair. (b) Even if the original decision was properly revoked, the original decision does not cease to exist upon revision. The current proceeding remains live. [16] An affidavit from Mr Vilami Folau dated 30 March 2023 was filed in support of the case for Mr Samuela. Mr Folau’s accredited employer compelled him to use bereavement leave and annual leave during his incapacity, deducting the payments from the weekly compensation payable. This deprived him...

5. [2024] NZEnvC 288 Ngati KoroKoro Hapu v Northland Regional Council [pdf, 500 KB]

   ...under s 124(1) of the RMA. [3] On 17 May 2019, the District Council made an application to replace the expired resource consents to authorise the following activities associated with the operation of the WWTP:3 2 The memorandum of the parties filed in support of the draft consent order recorded the definition of occupy from Blacks Law, 5th edition as “to take up the extent, space, room or time of.” 3 Decision of Northland Regional Council on application numbers APP.002667.01.0...

6. [2025] NZREADT 21 – BS & QS v Upton (16 June 2025) [pdf, 270 KB]

   ...September 2024 (following a telephone conference on 29 August 2024) and 25 November 2024 (following a telephone conference on 20 November 2024). The Tribunal directed that the compensation claim be determined on the papers. [26] The Authority filed a bundle of the documents that were before the Committee (14 February 2024). [27] The claim is set out by the complainants in: 1. A statement of claim in the form of a memorandum (undated, but received on 30 April 2024), with support...

7. [2025] NZEmpC 16 The Chief of New Zealand Defence Force v Williams [pdf, 305 KB]

   ...DEFENCE FORCE Plaintiff AND WARREN WILLIAMS First Defendant AND NICHOLAS SHEARER Second Defendant AND ALLAN FINN Third Defendant Hearing: 9–11 July 2024 (Heard at Wellington Further evidence filed by agreement on 13 September 2024) Appearances: JP Boyle and I Kitchin, counsel for plaintiff P Cranney and D Allan, counsel for defendants Judgment: 10 February 2025 JUDGMENT OF JUDGE KATHRYN BECK Introd...

8. LCRO 32/2024 MP v LG (21 January 2025) [pdf, 207 KB]

   ...[8] Just before sending her 28 October response to the respondent’s 27 October email, the applicant sent the respondent 27 court documents in PDF format by Google Drive link stating: “Please let me know if there is a problem with access to the files. It is too large to send over email”. [9] Also on 28 October 2022, the respondent’s assistant sent the applicant an email about new client administration matters and the applicant responded on 31 October 2022. 3 [10] On 31 Oct...

9. Reti v Smith - Part Lot 7 Deposited Plan 3351 and Part Lot 8 Deposited Plan 3351 - Petane Marae (2024) 112 Tākitimu MB 261-277 (112 TKT 261) [pdf, 308 KB]

   ...received unauthorised payments. I set down a further hearing to determine whether the trustees should be relieved from liability to repay those payments to Petane Marae. That hearing was held on 1 July 2024. [4] The trustees and interested parties filed evidence and submissions on trustee liability. Based on that evidence, it appears that the trustees received the following payments in 2023: Trustee Meeting fees Cyclone Gabrielle lump sum payment Payment for services Ba...

10. [2024] NZEmpC 222  Courage & Ors v The Attorney-General & Ors   [pdf, 264 KB]

    ...HOPEFUL AND STEPHEN STANDFAST Second Defendants AND FOREST GOLD HONEY LIMITED AND HARVEST HONEY LIMITED Third Defendants AND APETIZA LIMITED Fourth Defendant Hearing: 25 July 2024 (Heard at Christchurch and by submissions filed on 1 and 15 October 2024) Appearances: B P Henry and S Patterson, counsel and A Kilic, advocate for plaintiffs A Boadita-Cormican and G La Hood, counsel for first defendant P Skelton KC and C Pearce, counsel for second, third an...