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1. WHT - Managing claims - Chair's Directions [pdf, 34 KB]

   ...Procedural Order is issued it will be circulated by email and by hard copy as detailed above. Service of applications for joinder and removal and opposition, responses or replies to those applications 8. The following guidelines apply to parties filing: • Preliminary or procedural applications such as joinder or removal applications, and • Other key jurisdictional applications, and • Responses or opposition to such procedural applications, and • Replies to opposit...

2. IACDT - Application for Adjournment form [pdf, 69 KB]

   ...Adjournment, the Tribunal will may invite the other parties to provide submissions before determining whether to grant the Adjournment. Once the submissions are received, the Tribunal will usually issue a written decision without further notice to you. E Filing and Serving an Application for Adjournment You need to file this Application for Adjournment with the Tribunal and serve it on the other parties. Information on how to do this is provided at the end of this form and in the Tri...

3. [2019] NZEnvC 082 Granger v Dunedin City Council [pdf, 880 KB]

   ...Christchurch Date of Decision : 3 May 2019 Date of Issue: 3 May 2019 FINAL DECISION OF THE ENVIRONMENT COURT A: The appeal is allowed and consent is refused for SUB-2016-58 and LUC-2016- 336. B: Costs are reserved . Any application is to be filed and served by Friday 17 May 2019. Any reply is to be filed and served by Friday 24 May 2019. GRANGER v DCC - FINAL DECISION Introduction 2 REASONS [1] This appeal concerns a proposal is to create an eight-lot subdivision with b...

4. [2022] NZEnvC 251 Poutama Kaitiaki Charitable Trust v Heritage New Zealand Pouhere Taonga [pdf, 149 KB]

   ...proceed to hear the substantive appeal on the balance of that day and on 7 March 2023. REASONS Introduction [1] In decision [2022] NZEnvC 250 the Court granted the application made by Poutama to adjourn the hearing of the strike out application filed in relation to this matter. In that decision we recorded that the detailed reasons for our decision would follow. Those reasons are set out below. The application to adjourn [2] The application to strike out this appeal was s...

5. 2023-08-25-Memorandum-of-Counsel-for-the-Applicant.pdf [pdf, 129 KB]

   ...Ōtaki to North of Levin Project By WAKA KOTAHI NEW ZEALAND TRANSPORT AGENCY Applicant MEMORANDUM OF COUNSEL FOR THE APPLICANT 25 August 2023 BF\64200428\1 Page 1 MAY IT PLEASE THE COURT: 1. This memorandum of counsel is filed on behalf of Waka Kotahi New Zealand Transport Agency (Waka Kotahi) in relation to various procedural and other timetabling matters following the conclusion of the first week of Court assisted mediation. Timetable 2. On 5 July 2...

6. Perigo v Patel - Waerea me Winiata Whanau Trust [2011] Māori Appellate Court MB 41 (2011 APPEAL 41) [pdf, 186 KB]

   ...Harvey in the Māori Land Court dated 14 September 2010 at 257 Aotea MB 141, under sections 241, 239 and 231 of Te Ture Whenua Māori Act 1993 (the Act). It is also an appeal against the dismissal of the appellant’s application (A20100002438) filed pursuant to section 239. Background [2] The background to this appeal is fully reviewed in the report of Deputy Registrar Caroline Green and is repeated in full below: 2011 Maori Appellate Court MB 42 “REVIEW OF COURT APPLIC...

7. [2019] NZEnvC 035 Taylor v Small [pdf, 269 KB]

   ...Advice from Mr Brabant about lodgment of High Court proceedings. The parties were directed to file a joint memorandum by 25 May 2018 outlining whether a hearing would be required and when. In addition to the application for enforcement orders filed in this Court, the applicants also filed an application for declarations in the High Court. The declaration proceeding concerned the interpretation of restrictive covenants. The declarations sought were that (summarised):1 (a) Only...

8. WHT - Introduction to the Weathertight Homes Tribunal [pdf, 1 MB]

   ...explained in the following pages. Tribunal process Application to Tribunal Registration of claimRespondents served Preliminary conference Joinder/removal applications Case conferences as required Discovery Responses to claim Mediation Settlement Filing of briefs and hearing documents Experts’ conference if directed HearingSite visit if ordered Decision IF NOT SETTLED 4 Stages of the Tribunal process This section explains the main stages of the Tribunal process. The terms...

9. Edwards - Whakatohea (2018) 181 Waiariki MB 121 (181 WAR 121) [pdf, 247 KB]

   ...mailto:tom@bennion.co.nz mailto:emma@bennion.co.nz mailto:tekani@wwandd.co.nz mailto:coral@wwandd.co.nz mailto:bryan.gilling@morrisonkent.com mailto:sophie.dawe@morrisonkent.com 181 Waiariki MB 122 Introduction [1] On 12 December 2017, Adriana Edwards filed an application pursuant to s 30I of Te Ture Whenua Māori Act 1993 seeking a review of an order made by the Court in 1994 which appointed negotiators to act for and on behalf of Whakatōhea under s 30 of the Act.1 [2] As pa...

10. LCRO Annual Report 2020 [pdf, 355 KB]

    ...criminal and civil proceedings, rather than tailoring their approach to accommodate the informal and largely inquisitorial approach adopted in review hearings. Review Officers are increasingly bringing a more robust approach to the management of files at commencement and endeavouring at the outset to identify issues that have potential to impede the progress of the review. This approach to case management has assisted in identifying applications that disclose no reasonable cause o...