Search Results

1. [2024] NZEnvC 122 Grafton Downs Limited v Auckland Council [pdf, 2.5 MB]

   ...[123], [140] – [141]. 7 At [142] and [155]. 6 (f) The decision recorded that agreed marked up recommended conditions, dated 23 June 2023, would be appropriate, if the consent were to be granted. Appeal [12] A notice of appeal was filed by the Appellants on 30 August 2023 against the Decision. The appeal sought the Decision be set aside and consent be granted for the framework plan for the northern commercial centre and the development of Stage A of the framework plan...

2. [2024] NZEnvC 224 Gisborne District Council v Barraclough [pdf, 6.1 MB]

   ...APPLICATION TO AMEND ENFORCEMENT ORDERS A: The Enforcement Orders are amended as set out in Annexure 1 to this decision. B: There are no issues as to costs. 2 REASONS Introduction [1] On 16 February 2024, Gisborne District Council filed an application for Enforcement Orders against Michael Barraclough, seeking exposed earthworks be stabilised, discharge of contaminants cease, a new erosion and sediment control plan be provided, and no further earthworks be carried o...

3. [2007] NZEmpC WC 12D/07 Credit Consultants Debt Services NZ Ltd v Wilson & Anor [pdf, 30 KB]

   ...There is adequate evidence before the Court of the costs incurred by the plaintiff. 1. Costs on the interim injunction [21] The plaintiff engaged two counsel, an intermediate and a junior, for this matter which was heard on the papers. Counsel filed affidavits and submissions. The plaintiff is seeking a contribution to their daily 7-hour rate of $2,975. On the basis of a nominal 1-day hearing and applying the Okeby formula using 3 days of preparation for each day of hearing, an...

4. [2011] NZEmpC 115 Muldoon v Nelson Marlborough DHB supplementary [pdf, 68 KB]

   ...7/11 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN BRIAN MULDOON Plaintiff AND NELSON MARLBOROUGH DISTRICT HEALTH BOARD Defendant Hearing: By memoranda of submissions filed on 24 August and 5 and 15 September 2011 Counsel: Anjela Sharma, counsel for plaintiff Paul McBride, counsel for defendant Judgment: 16 September 2011 SUPPLEMENTARY JUDGMENT OF CHIEF JUDGE G L COLGAN [1] The plaintiff...

5. [2010] NZEmpC 118 Burtton & Browne v Talley's Group Limited [pdf, 24 KB]

   ...its investigation. So far as the present proceedings in this Court are concerned, I have asked counsel to consider whether they can continue to act in that role. That is for the following reasons. [10] In his affidavit, sworn on 21 July 2010, filed in the Employment Relations Authority and now, pursuant to my directions, tendered as evidence on the challenge, the defendant’s deep sea division general manager, Anthony Hazlett, deposes in detail to what he says was Ms Sharma’s...

6. [2012] NZEmpC 135 Yu v Symbol Spreading Ltd [pdf, 65 KB]

   ...use of money he was otherwise entitled to. [15] The defendant is, therefore, ordered to pay Mr Yu unpaid wages in the sum of $7,184.80 together with interest at $755 along with the $2,000 compensation awarded by the Authority and the Authority filing fee of $70, making a total sum of $10,009.80. A D Ford Judge Judgment signed at 11.15 am on 7 August 2012

7. [2015] NZSAAA 05, (25 June 2015) [pdf, 52 KB]

   ...written off, reducing the amount in dispute to $6,338.59. At the end of November the Ministry completed its Regulation 37(2) Report, in January the appellant responded to it and and at the end of February the Ministry submitted its final response. The file was then submitted to the Authority for decision. Unfortunately even at this late stage confirmation of the appellant’s partner’s income figures for 2010 was still outstanding – the appellant having declined to provide them and...

8. ENVC paper New Horizons Environ Court AAMINZ 2015 [pdf, 157 KB]

   ...councils; (b) Disputes relating to applications for resource consent or designations for public works; (c) Enforcement proceedings. The first two classes of case comprise, according to our statistical analysis, approximately 95% of the cases filed in the Environment Court each year. The handful of enforcement proceedings are the only cases that bear much resemblance to the civil case work in other courts, particularly the High Court and the District Court. That is, it is on...

9. Taylor v Taylor - Estate of Waerena Taylor (2014) 102 Waiariki MB 258 (102 WAR 258) [pdf, 127 KB]

   ...recognising Cody Faithfull as a whāngai of the deceased but not entitled to succeed. [25] If any of the children of the deceased wish to make a gift of a proportion of some of their shares to Cody Faithfull, an application per s164 of the Act can be filed in due course. Pronounced in open Court at 4 pm in Rotorua on this 18th day of August 2014 2014 L R Harvey JUDGE

10. Moanaroa v Ruwhiu - The Kaiawhina Trust (2014) 91 Taitokerau MB 29 (91 TTK 29) [pdf, 130 KB]

    ...the face of the mortgage (in default) and caveat. In fact, Mr Hettig has not provided an up-to- date title search to show whether the lease was registered. Accordingly, I am not sure what is the relevance of the lease. [14] The other material filed by Mr Hettig shows that Bonnie Ruwhiu has a judgment debt to the Bank of New Zealand Limited and that a charging order has also been registered against the property. [15] In all of those circumstances Ms Moanaroa and Mr Hettig ask that...