Search Results

1. Decision [2017] NZEnvC 57 (dated 20 April 2017) – Confidentiality Order [pdf, 331 KB]

   ...does not apply to any party; (c) these orders apply to any brief of evidence which refers to or quotes from the confidential information. The brief of evidence: Blueskin v DCC Confidentiality Order April 2017 2 (i) is to be kept on the court file and is to have a notice attached notifying the reader that it contains confidential information; and (ii) is not be uploaded to the Environment Court's website; (d) the transcript produced from that part of the hearing at which t...

2. [2018] NZLCDT 9 Auckland Standards Committee 2 v Name Suppressed [pdf, 157 KB]

   ...held in early November 2017, part way through which, the practitioner and her counsel conceded the challenge was misconceived and withdrew the protest to jurisdiction. [11] The practitioner was then given a further month to locate and produce the file and documents she had been requested to produce in July 2016. [12] While she provided some of the material in December 2017, she sought further time to locate the file, and associated documents, because she had been hampered by an un...

3. Parata v Lake - Ngarara West B3B (2004) 144 Aotea MB 105 (144 AOT 105) [pdf, 557 KB]

   ...be offinal eflect. Case La'w It is settled ia\~l that an interlocutory injunction is a discretionary remedy vvhich filay be granted to protect a plaintiff froll1 injury to its legal or equitable rigr...ts resulting from delay beh;veen the filing of a olaiul and trial for \vhich dalnages are not an adequate rernedy. One of the principal authorities for this proposition is the \Nell lalovvn decision of the House of Lords American Cynamid Co v Ethicon Limited [1975] A .. C 396. In th...

4. Partridge & Anor as Trustees for the Partridge Family Trust v McClune [pdf, 110 KB]

   ...393(2) of the Building Act 2004. They submit the claims against each of the respondents cannot possibly succeed because the date of the acts or omissions on which the proceedings are based occurred more than ten years before the claim was filed with the Weathertight Homes Resolution Service. They advise that all the relevant design and construction work they each undertook which could possibly have contributed to the dwelling leaking all took place before the end of July...

5. Nikora - Section 1 D2 Parish of Katikati (2019) 185 Waikato Maniapoto MB 129 (185 WMN 129) [pdf, 465 KB]

   ...(Heard at Tauranga) Judgment: 24 September 2019 JUDGMENT OF JUDGE D H STONE 185 Waikato Maniapoto MB 130 Introduction [1] Rose Te Owai Nikora has filed an application per s 164 of Te Ture Whenua Māori Act 1993 (the Act) for the transfer 0.1666 of her 0.5000 shares in the block known as Parish of Katikati 1D2 (the block) to her son, James Darryl Nikora. Background [2] The block is...

6. [2021] NZACC 12 - Mudgway v ACC (12 January 2021) [pdf, 149 KB]

   ...appellant, Evan Mudgway challenges the Corporation’s decision dated 18 May 2017 declining cover for an ulnar injury following an accident on 10 August 2016. The Corporation’s decision was upheld at review. [2] Ms Williams and Ms Feltham filed an agreed statement of facts and issues on appeal, including a statement of the position of the parties, which are reproduced here. Agreed Facts [3] On 10 August 2016, Mr Mudgway sustained an injury while returning a heavy du...

7. [2021] NZEnvC 099 Royal Forest and Bird Protection Society of New Zealand Incorporated v Wongan Hills Limited [pdf, 293 KB]

   ...ACCESS TO RECORDS 2 DECISION OF THE ENVIRONMENT COURT ON APPLICATION TO ACCESS COURT DOCUMENTS BY NON-PARTIES REASONS Introduction [1] The proceeding to which this application relates involves an application for interim enforcement orders filed by the Royal Forest and Bird Protection Society of New Zealand Incorporated, Te Runanga o Ngai Tahu, Te Taumutu Runanga and Wairewa Runanga and the Director-General of Conservation ('the applicants') against Wongan Hills Lt...

8. [2022] NZIACDT 11 - BU v McCarthy (18 May 2022) [pdf, 193 KB]

   ...March 2006 and there was no s 61 request from 2019 in the system. COMPLAINT [15] On 9 April 2021, a complaint against Mr McCarthy was made by the complainant to the Authority. It was stated that the family had understood that Mr McCarthy had filed an application in mid-2019, but Immigration NZ had told them no application had been filed. Her daughter-in-law was an overstayer and was now at risk of deportation. The main problem was that they could not get a response to emails or...

9. [2023] NZEnvC 032 Crafar v Taupo District Council [pdf, 282 KB]

   ...appellant is directed to advise whether or not he will narrow the grounds of his appeal and the issues he intends to raise at any hearing of his appeal, by 10 March 2023. 2 (b) If the appellant does intend to do so, then he is directed to file and serve a statement of amended grounds of appeal and issues to be raised on appeal by the same date, 10 March 2023. (c) If the appellant does file and serve such a statement, the applicant is directed to file and serve a memorandum...

10. [2022] NZEmpC 199 Urban Décor Ltd v Yu [pdf, 202 KB]

    ...was rejected and because the defendants’ conduct unnecessarily prolonged the investigation meeting. [5] In respect of costs in the Court, counsel for the plaintiff have provided a schedule of scale costs of $30,114 with disbursements for the filing fee of $204.44. Counsel submit that the defendants’ conduct has increased the time and expense of this proceeding by repeatedly failing to file compliant statements of defence and filing a security for costs application which was...