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  1. [2016] NZEmpC 169 Robinson v Gillon & Maher Plumbing Ltd [pdf, 152 KB]

    ...for an order for security of costs AND IN THE MATTER of an application for a stay of proceedings BETWEEN LISA ROBINSON Plaintiff AND GILLON & MAHER PLUMBING LIMITED Defendant Hearing: (on the papers filed on 30 September, 19 October and 2 and 16 November 2016) Appearances: R Thompson, advocate for the plaintiff T Twomey, counsel for the defendant Judgment: 16 December 2016 INTERLOCUTORY JUDGMENT OF JUDGE B A...

  2. ENV-2016-AKL-000TBA Albany North Land Group v Auckland Council [pdf, 6.1 MB]

    ...appropriately zoned Mixed Housing Suburban with an Albany North Precinct overlay, for the reasons set out in paragraph 12. The Albany North Precinct overlay provisions sought, and as presented to the Hearing Panel attached to Supplementary Legal Submissions filed on 29 April 2016, are attached as Appendix 1. Relief Sought 30 Zone the ANLG site either: (a) Mixed Housing Suburban, as shown in the amended planning map in Appendix 1; or (b) Mixed Housing Suburban with an Albany North...

  3. [2018] NZEmpC 41 Rachelle v Air New Zealand Ltd [pdf, 343 KB]

    ...unsatisfactory. The amended statement of claim, even making some allowances for what has been supplemented by the memorandum, does not comply with regulation 11 of the Employment Court Regulations 2000. [15] Against that background the parties filed interlocutory applications. Urgency [16] Ms Rachelle applied for urgency relying on three general grounds. Summarised they were the amount of time that had elapsed since the events she complained about and the resulting financia...

  4. Murphy-Peehi - Te Uta Murphy-Peehi Family Trust (2016) 362 Aotea MB 121 (362 AOT 121) [pdf, 236 KB]

    ...the trust up. Normally a Māori land trust would require a s 241 application to terminate the trust and effectively re-vest the interests in the persons beneficially entitled. As s 241 does not apply in the present case the application has been filed per s 165 of the Act. [23] The central issue in this case is whether I should vest the interests of Te Uta Hibbard in the Hibbard Family Trust or in Ms Hibbard solely. Ms Hibbard’s daughter is fearful that her mother will mismana...

  5. ENV-2016-AKL-000195 The Puhoi Community Forum Incorporated v Auckland Council [pdf, 3.8 MB]

    ...The decision to change the minimum lot size in the Coastal and Rural Settlement zone from 4000m2 to 2500m2  The Topic Numbers relevant to the decision s referred to are 080 and 081. 7. The reasons for the appeal are as follows:  The Appellant filed a submission (no. 3944) to the Council in respect of the Puhoi precinct including the general nature and zoning of the precinct, that was supported by the Council in the proposed unitary plan.  A submission was also lodged by Chris Dick...

  6. [2017] NZEnvC 170 Auckland Council v Frogley [pdf, 359 KB]

    ...non-permitted dwellings on the property are disestablished and would require the refuelling station in the depot area to be secured from damage and spills. [5] There is no undertaking as to damages lodged with the application. [6] The applicant has also filed a memorandum with submissions on the facts and on the law relating to such an application. Grounds for Enforcement Orders [7] The stated grounds for such orders are that the activities which are the subject of the orders co...

  7. Broughton - Horowhenua 11B36 Sec 2L4A Kaiwiu Marae (2020) 424 Aotea MB 20 (424 AOT 20) [pdf, 260 KB]

    ...engage the successful candidate for the role and doubtless they would need to satisfy themselves as to the suitability of the candidate. I therefore do not propose to re-open that selection process but to acknowledge Mr Broughton’s action in filing this application, which, under the circumstances, was the correct step for him to take. Indeed, it was unusual for two of the trustees to encourage his application when they may have in fact been aware that, due to his employment statu...

  8. Trustees of Tauranga Taupo 1B2B2 - Kiko Road (2003) 271 Rotorua MB 155 (271 ROT 155) [pdf, 654 KB]

    ...Judgement says. Second, I note that there is no plan that is reasonably Minute Book: 271 ROT 159 contemporary with the Court hearing that is inconsistent with the decision that t have reached. Third, I have gained assistance from the affidavit filed by Mr John Leslie Neal as to the survey practice in laying out roadways. Whiie of course it is not for the surveyors to interpret Court Orders, it is common knowledge that the Maori Land Court and surveyors had developed a reciprocity...

  9. [2017] NZEnvC 119 Pickering v Christchurch City Council [pdf, 397 KB]

    ...to Luke Pickering; and (ii) Windflow Technology Limited is to pay the sum of $10,815.00 to Luke Pickering. B: Under section 286 of the Resource Management Act 1991, the District Court at Christchurch is named as the court this order may be filed in for enforcement purposes (if necessary). 2 REASONS Introduction [1] This proceeding concerns an appeal by Luke Pickering against a decision of the Christchurch City Council to consent Windflow Technology Limited's existin...

  10. Rokx v Proprietors of Pourau Station - Pourau (2001) 59 Ruatōria MB 181 (59 RUS 181) [pdf, 2.1 MB]

    ...the Court 01 February 2001 Pourau Incorporation 289/93 Application: A19990012374 Chief Judge RESERVED DECISION Minute Book: 59 RUA 181 This application relates to land owned by the Pourau Incorporation of Tokomaru Bay. According to my file the land owned by the incorporation comprises approximately 404.75 hectares. Hapi Potae, a witness in support of this application, indicated the actual figure was in excess of 13,000 hectares. Shareholding in the incorporation comprises 1....