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1. [2020] NZEnvC 194 Clutha District Council v Otago Regional Council [pdf, 1 MB]

   ...2020 Appearances: S Peirce for the appellant M Mehlhopt for the respondent Date of Decision: 19 November 2020 Date of Issue: 19 November 2020 DECISION OF THE ENVIRONMENT COURT A: The appeal is declined. B: Any application for costs must be filed by Friday 4 December 2020 and any reply must be filed by Friday 11 December 2020. In the event no application for costs is made, the court's order will be (without further decision of the court issuing) that there is no order as...

2. Family Court Rewrite Submission - Waitemata Community Law Centre [pdf, 1 MB]

   ...can’t access due to the limitations of FLAS/restriction on representation for on notice proceedings.  Roundtable discussions/negotiations can be a further effective out-of-court step for parties who have attempted FDR without success and have filed/are about to file applications for parenting orders. Lawyers are able to advise parties about the likely outcome of a hearing more accurately than some FDR mediators might. This form of FLAS could also cover drafting and filing any c...

3. LCRO 220/2016 UT v LE (18 December 2018) [pdf, 290 KB]

   ...focus of the Act must be respected”, the Committee determined that “by failing to provide” the required client care and service information to Mrs LE, Mr UT had contravened rr 3.4 and 3.5 of the Rules. Application for review [23] Mr UT filed an application for review on 29 September 2016. He submits that by not considering s 13 of the PRA, which contains the exception to the equal sharing provisions of the PRA, and s 18 of the PRA, concerning contributions of spouses or par...

4. [2021] NZREADT 7 - Sharma v Brake (12 February 2021) [pdf, 421 KB]

   ...AGENTS AUTHORITY (CAC 1901) First Respondent AND VISHAL and MONISHA SHARMA Second Respondents On the paper: Tribunal: Mr J Doogue – Deputy Chairperson Mr N O’Connor – Member Ms F Mathieson – Member Submissions filed by: Mr W Lawson for the Sharmas Ms S Earl for the first respondent Mr J Weymouth for Ms Brake Date of Decision: 12 February 2021 ____________________________________________________________________ DECISION OF THE TRIBUNA...

5. [2020] NZEnvC 139 Flax Trust v Queenstown Lakes District Council [pdf, 298 KB]

   ...$28,200 to the Flax Trust. 2 B: Enforcement of Order A is suspended until the High Court gives its decision on appeal. C: 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). REASONS Table of Contents Para Introduction [1] Background [3] The applications for costs and the replies [9] The law [40] Consideration [46] Result [71] Introduction...

6. Stirling - Opape No 1A No 1B [2020] Chief Judge's MB 526 (2020 CJ 526) [pdf, 323 KB]

   ...all the children of George Rewita Jrn are included and cancelling the order constituting the whenua tōpū trust. [39] Those who wish to constitute a whānau trust over their own shares, with the current trustees as their kaitiaki, may do so by filing a fresh application to the Māori Land Court. If done within the next 6 months, the Registrar is directed to waive the fee. [40] There is a further order made pursuant to s 47(4) making all such consequential orders as are necessary...

7. {2017] NZEmpC 15 Spotless Facility Services NZ Ltd v Mackay [pdf, 143 KB]

   ...things, responsive and communicative. Jurisdiction issue [52] The scope of the matters that were before the Court requires comment, for the purposes of the legal issue which was raised as to jurisdiction. [53] The amended statement of claim filed for Spotless made it clear that its election relevantly related to: 28 Those parts of the determination finding the existence of an unjustifiable (constructive) dismissal as a consequence of the plaintiff’s telephone discussion wi...

8. [2020] NZEnvC 165 Taranaki Energy Watch Incorporated v South Taranaki District Council.pdf [pdf, 7.8 MB]

   ...ENVIRONMENT COURT A: The appeal is allowed to the extent that the South Taranaki District Council is directed to amend the Proposed South Taranaki District Plan as set out in Annexures A, B and C. B: Costs are reserved. Any application must be filed by Friday 16 October 2020 and any reply by Tuesday 27 October 2020. In the event no application for costs is made, the court's order will be (without further decision of the court issuing) that there is no order as to costs. TEW...

9. [2019] NZEmpC 83 Pitman v Advanced Personnel Services Ltd [pdf, 374 KB]

   ...from him will need to address the Legal Services Act 2011. Second, both parties have had a measure of success which would ordinarily have a bearing on any costs order. If either party considers costs should be ordered memoranda may be filed and directions will be issued. K G Smith Judge Judgment signed at 11 am on 15 July 2019

10. [2019] NZEnvC 152 Whangarei District Council v CPE Trustee Limited [pdf, 11 MB]

    ...and bumps in the surface to ensure reduction in noise and vibration. C: The final wording for A and B will be settled after receiving comments from the parties within 10 working days. D: Costs are reserved and any application for costs is to be filed within 20 working days, any reply within 10 working days and any final reply, if any, within five working days thereafter. REASONS Introduction [2] The Whangarei District Council has applied to the Court for a declaration on whe...