Search Results

1. [2021] NZEnvC 153 Remediation (NZ) Limited v Taranaki Regional Council [pdf, 178 KB]

   ...of the Taranaki Regional Council (the Council) to refuse applications for resource consent for the continued operation of a waste management facility at Uruti in the Taranaki region. 2 Jurisdictional issue [2] On 17 June 2021 Mr S Tupper filed a notice in accordance with s 274 of the Act to become a party to this appeal. His notice stated that he wishes to be a party to this proceeding because he has an interest in it greater than the general public has. He opposes the rel...

2. National Standards Committee 2 v Mr Y [2023] NZLCDT 1 (12 January 2023) [pdf, 163 KB]

   ...Committee v Horsley [2014] NZLCDT 9. 5 [15] The protection of the public is, it is submitted by Mr Napier, promoted by his client’s regular attendance at [redacted], and an experienced psychologist, (Mr Reeves), as well as the undertakings filed by him confirming that he will continue these interventions and supports as well as submitting to regular [redacted]. [16] We also regard the practitioner’s willingness to undertake regular [redacted] as a positive indicator...

3. Wellington Standards Committee 2 v Collins [2023] NZLCDT 3 (20 February 2023) [pdf, 102 KB]

   ...feature or diminishes the level of culpability that Mr Collins was not aware of the $40,000 profit on the on-sale achieved by the attorney and her family within two weeks of purchase. Because another staff member was handling the conveyancing files, Mr Collins says he was not aware of this fact until the complaint was made. [12] Mr Fowler also defended his client’s decision to forward the email, which warned of undue influence and financial abuse, to the person about whom that...

4. Puriri v Church of Jesus Christ of Latter-Day Saints Trust Board (Media Application) [2022] NZHRRT 47 [pdf, 114 KB]

   ...allegations because they are quite clearly outside the scope of the hearing. [7.3] It is very likely that Mr Puriri’s argument and evidence will seek to address those and other extraneous allegations. [7.4] As is addressed in the strike-out application filed, the defendants’ position is also that the claim itself is baseless, has been manifestly disproven, and is otherwise frivolous and vexatious. [7.5] There is a danger of prejudice and unfairness in the proceedings being record...

5. 2022-03-18 QLDC - Opening Submissions [PDF, 187 KB]

   ...PDP’s earthworks rules are appropriate and will result in improved earthworks management as compliance levels rise to meet the new standards. 1.4 When Otago Regional Council promulgated Plan Change 8 (PC8) to the ORPW QLDC made a submission and filed a s 274 notice to join this proceeding. QLDC’s primary concerns were: (a) Whether PC8 would necessitate a variation to the PDP’s just-settled earthworks rules; (b) The potential for inconsistency between conditions imposed on eart...

6. LD v Accident Compensation Corporation (Costs on appeal) [2023] NZACC 45 [pdf, 159 KB]

   ...of the appellant’s appeals and finding that, because he had succeeded on the primary appeal, he was entitled to costs. The Court directed that, if these could not be agreed within one month, the Court would determine the issue following the filing of memoranda.1 [2] On 16 November 2022, Ms Koloni provided a claim for costs and disbursements totalling $45,461.00. 1 LD v Accident Compensation Corporation [2022] NZACC 199. 2 [3] On 19 December 2022, Mr Gee for the Corpora...

7. [2024] NZEmpC 140 Sharma v Prolife Foods Ltd [pdf, 184 KB]

   ...Costs and expenses [33] Neither party instructed representatives for this matter. Nevertheless, if Prolife Foods seeks reimbursement of any expenses, and that cannot be agreed with Ms Sharma, Prolife Foods may, within 14 days of this judgment, file and serve a memorandum setting out those expenses. J C Holden Judge Judgment signed at 12.30 pm on Friday 2 August 2024

8. Poutu v McDonald - Kaipakopako 2C2 (2024) 487 Aotea 78 (487 AOT 78).pdf [pdf, 230 KB]

   ...2023 states: The Secretary advised that she had attempted to get confirmation from Meihana as to whether or not he would continue as a Trustee. Meihana had either not replied to correspondence (email and phone)… Emails dated 29 June 2023 (filed with the application) show two requests to Mr McDonald as to whether he would like to remain as a trustee. Both the email and trust minutes refer to the need for Mr McDonald to complete the bank documents. 7 Above n 2, at 15; see also ab...

9. 2023 NZPSPLA 055 [pdf, 166 KB]

   ...1. Ms Stewart is formally reprimanded. 2. Ms Stewart is granted an individual license with the trading name of LPS on the condition that she henceforth comply with her obligations under the Act. REASONING [1] A complaint has been filed against Fiona Stewart, a certificate of approval (COA) holder in the classes of crowd controller, personal guard and property guard. Ms Stewart has also applied for an individual licence in the same classes with approval to use the tr...

10. [2023] NZEnvC 171 University of Otago v Dunedin City Council [pdf, 3.1 MB]

    ...on the proposed Second Generation Dunedin City District Plan ('2GP'). [2] The making of this order was contingent on the making of orders on an earlier consent memorandum dated 2 June 2023 relating to the hazardous substances bundle, filed with the court on 30 June 2023. A consent order has now been issued in relation to the hazardous substances bundle. [3] I have read and considered the consent memorandum of the parties dated 9 August 2023 which proposes to resolve the...