Search Results

1. [2018] NZEnvC 040 Tasman District Council v Ashton [pdf, 376 KB]

   ...costs where full or close to full costs are awarded. [22] In this instance, the Council seeks a costs award in the elevated category being in the order of 66 percent of costs incurred. I record that this figure has been established by invoices filed with the costs application. [23] Section 285 is couched in broad terms and bestows a wide discretion on the Court. It is well-recognised that the discretion must be exercised on a principled basis and that "a costs award should not...

2. Complaints Assessments Committee (CAC 409) v Wong NZREADT 16 [pdf, 175 KB]

   ...20 working days of the date of this decision. [30] Pursuant to s 113 of the Real Estate Agents Act 2008, the Tribunal draws the parties’ attention to s 116 of the Real Estate Agents Act 2008, which sets out appeal rights. Any appeal must be filed in the High Court within 20 working days of the date on which the Tribunal’s decision is served. The procedure to be followed is set out in part 20 of the High Court Rules. __________________ Hon P J Andrews Chairper...

3. E33 Sam Morgan - Coastal - EIC - Council [pdf, 712 KB]

   ...CP24134 AUCKLAND 1554 2 1. INTRODUCTION 1.1 My full name is Samuel Casey Morgan. 1.2 My evidence is given on behalf of the Auckland Council (the Council) in its regulatory capacity in relation to the direct referral application filed by Panuku Development Auckland Limited (Applicant) seeking resource consents for the construction, occupation, use and maintenance of permanent and temporary infrastructure and undertaking of activities within the coastal marine area...

4. Gunson - Waikawa Village Section 10C3 (2016) 35 Te Waipounamu MB 248 (35 TWP 248) [pdf, 194 KB]

   ...because the Gunson whānau had only just learnt of the application and wished to meet with the applicant to discuss it. Accordingly, I adjourned the application and a whānau hui took place on 26 July 2015 and minutes of the hui were subsequently filed. At the next hearing on 28 January 2016, the applicant explained why he wished to proceed with the application despite the continued whānau opposition. He and Ron Riwaka also described how they proposed to use the land, should the vest...

5. [2021] NZEmpC 46 Allison v Ceres New Zealand LLC [pdf, 225 KB]

   ...as a result of what was said at a directions conference in October 2020; (c) Mr Gowda is the most senior employee of the defendant in New Zealand but is not a witness for the company, which only became apparent when the briefs of evidence were filed and served in early February 2021; (d) as the senior employee in New Zealand Mr Gowda is the “eyes and ears” of the company for Mr McIntyre, who lives in the USA; 7 Such expeditions are not permitted by the Court for good reas...

6. Georgeson - Motueka 1 ML 15353 (2004) 25 Nelson 164 (25 N 164) [pdf, 1.4 MB]

   ...Introduction Wellington C M Wainwright, Judge Claire Mason, Clerk of the Court 1 October 2004 A20040001749 Motueka 1 ML 15353 135/93 3 May 2004 Gloria Amoata Georgeson RESERVED DECISION Minute Bool<: 25 NE 164 Gloria Georgeson has filed an application with the Court pursuant to section 135 of Te Ture Whenua Maori Act 1993 where she seeks a change in the status of Motueka 1 ML 15353 from Maori freehold land to General land. Mrs Georgeson says that the land would be...

7. Attorney General - Marlborough Sounds (1998) 5 Te Waipounamu Appellate MB 3 (5 APTW 3) [pdf, 265 KB]

   ...recorded as an" interim" or "provisional determination" the appellants, for the purposes of section 58(6) of the Act and the preservation of their respective rights of appeal from any final determination bv the Court quite properly filed their notices of appeal, the substance of which will be considered when the hearing resumes. q 2. There is one matter of concern to this Court which was adverted to during the hearing by the Chief Judge as presiding Officer,...

8. [2017] NZEmpC 120 Judea Tavern Ltd v Jesson [pdf, 158 KB]

   ...determination of the Employment Relations Authority AND IN THE MATTER of an application for costs BETWEEN JUDEA TAVERN LIMITED Plaintiff AND PATRICIA JESSON Defendant Hearing: By memoranda of submissions filed on 7 and 19 July 2017 Appearances: K Single, advocate for plaintiff D Vinnicombe, advocate for defendant Judgment: 3 October 2017 COSTS JUDGMENT OF CHIEF JUDGE CHRISTINA INGLIS Introduction [1] The defendant h...

9. LCRO 219/2016 and 224/2016 AL v UT (24 January 2019) [pdf, 162 KB]

   ...requests for a response by letters on 24 October and 21 November. [10] No replies were received and Mr NC’s lawyers subsequently advised that they had endeavoured by mobile phone and by letter to contact Mr NC but he did not respond to them. The file was closed on 4 December 2012. 4 [11] Mr NC died on [date] 2013. His Estate was fully administered and wound up. The solicitors acting in the administration of the Estate were unaware of Mr NC’s liability to Ms AL. The exe...

10. [2019] NZEnvC 027 Waikato Regional Council v Devon Park Limited [pdf, 320 KB]

    ...enforcement order in this Court under s 314( 1) of the Act, to ensure that appropriate measures which might extend beyond matters captured under a s 339(5) order, are also the subject of the process set out below. [4] Since the application was filed, the parties have agreed that an enforcement order can be made by consent. Accordingly, the Environment Court makes the following enforcement order under s 316 of the Act by consent: Enforcement Order [5] The Enforcement Order is mad...