Search Results

1. [2018] NZEmpC 159 X v The Chief Executive of the Department of Corrections [pdf, 365 KB]

   ...management conference B 0.20 446.00 Interlocutory applications 29 Filing opposition to interlocutory application B 0.60 1,338.00 Trial preparation and appearance 36 Plaintiff's or defendant's preparation of briefs or affidavits B 2.00 4,460.00 38 Defendant's preparation of list of issues, authorities, and common bundle B 1.00 2,230.00 39 Preparation for hearing B 2.00 4,460.00 40 Appearance at hearing for sole or principal counsel B 3.50 7...

2. 2021-09-20 ORC - MOC - re chapter 6 [pdf, 170 KB]

   ...the Court to consider the provisions of PC1 Chapter 6 - Dust Suppressants as agreed at mediation. However, at this stage it is unclear whether or not the Court considers that hearing time will be required, or whether it might be sufficient for affidavit evidence to be filed, alongside any necessary consent documentation (including a more fulsome than usual consent memorandum). It is anticipated that the affidavit evidence would comprise of planning evidence, a s32AA analysis of...

3. [2022] NZEnvC 102 Hall v Dunedin City Council [pdf, 685 KB]

   ...that any necessary supporting infrastructure upgrades are implemented in a suitable matter and timeframe (DCC Reference number 339). [2] I have read and considered the consent memorandum of the parties dated 11 February 2022, the supporting affidavits of Richard Andrew Evans and Bede Tavener Morrissey and the further joint memorandum of 1 June 2022, all of which proposes to resolve the appeal. The parties have agreed on the following: (a) either rezoning the whole appeal area at...

4. Waikato Bay of Plenty Standards Committee 2 v Revell [2022] NZLCDT 40 (9 November 2022) [pdf, 99 KB]

   ...misconduct. [23] This matter is adjourned to a penalty hearing on 16 December 2022 (not before 12 midday). We record that we advised Mr Revell to instruct counsel who will be available to represent him on 16 December. The Standards Committee affidavits and submissions shall be filed by 23 November. Mr Revell’s affidavits and submissions shall be filed by 7 December. [24] There is an order pursuant to s 240 of the Act that any client of Mr Revell named in the Tribunal file is...

5. [2024] NZEnvC 007 Teasdale v Te Marua Golf Club Inc [pdf, 172 KB]

   ...removal of certain flood protection works in the Hutt River by the First Respondent which the Applicants alleged were unlawful and causing or contributing to the erosion of a cliff on their land. [2] The application was accompanied by extensive affidavit evidence from Dr Ian Stewart and Professor Tim Davies. Dr Stewart provided a chronology of flood protection works undertaken in the river by both the Applicants and the First Respondent since the early 1960’s while Professor Da...

6. [2023] NZEnvC 042 The Bears Home Project Management Limited v Auckland Council [pdf, 240 KB]

   ...in effect suspending the operation of the Appealed Conditions while the appeal is resolved. Site enabling and reservoir works 19. A critical piece of infrastructure for the Muriwai Golf Project is the proposed reservoir. As explained in the affidavit of Mr Brandeburg, the reservoir needs to be constructed and water taken to charge it in time to support the grown-in phase of the golf course. 20. The proposed reservoir construction and enabling works are subject to a range of c...

7. Recusal Guidelines for Judges of the Environment Court [pdf, 20 KB]

   ...stand down from the case, the parties should be informed of this in a Minute issued by the Judge. If a party maintains an objection, the parties will have an opportunity to file brief written submissions and, if appropriate in any particular case, affidavits. Other parties should be given the opportunity to comment by way of succinct submissions and/or affidavit(s). The Judge should consider the question of recusal with reasons, by Minute that includes any and all circumstances known to t...

8. [2018] NZLCDT 12 Central Standards Committee 3 v S [pdf, 162 KB]

   ...statement of financial position and any other relevant information. The respondent did not meet that request. [9] The respondent did not file a response to charge despite a direction from the Tribunal to do so by 15 December 2017. He filed an affidavit on 9 March 2018 and then appeared on the day of the hearing and presented his arguments. He accepted the factual situation and urged the Tribunal to find that his conduct was unsatisfactory. [10] In making its finding of miscondu...

9. [2018] NZEnvC 063 Air New Zealand, Queenstown Airport Corp Ltd, Remarkables Park Ltd & Shotover Park Ltd v Queenstown Lakes District Council [pdf, 1.1 MB]

   ...opposition to the making of a final decision approving the planning map and the figure circulated. 5 RPL filed a memorandum confirming that the final decision should be made based on approving the relevant documents attached to Mr Devlin's affidavit sworn 9 May 2018.6 [7] The court has reviewed the original documents handed up during the hearing and the revised Planning Map 31 a (including Remarkables Park Zone), and approves Planning Map 31a and Figure 2, attached to this dec...

10. Hawke’s Bay Standards Committee v Dobson [2017] NZLCDT 19 [pdf, 132 KB]

    ...and 241(a) of the Lawyers and Conveyancers Act 2006 (the Act). Ms Dobson has admitted this charge and fully cooperated with the process. [2] The parties agreed that the matter could be properly dealt with on the papers. Ms Dobson has filed an affidavit setting out her circumstances and the context of the offending. In that she says she expresses her remorse for the breach of trust and acknowledges that “all the evidence presented in support of the charge against me is correct...