Search Results

1. [2019] NZEnvC 138 Vortac NZ Limited v Western Bay of Plenty District Council [pdf, 3.4 MB]

   ...significance in this case. Should the Court hear from the parties - s320(3)(c) [24] Given the nature of the application and the lack of clarity around the documents, I concluded that I should hear from the parties. Mr Nicholls has sworn several affidavits, but these contain documents from other parties rather than sworn statements from them. Nevertheless, taking them at their face value they do not advance the matters in the way that Mr Nicholls suggests. [25] For example, Mr Nich...

2. [2022] NZEnvC 021 Marlborough District Council v Gifford [pdf, 1.1 MB]

   ...variation to the Orders with new dates for compliance ([2020] NZEnvC 195). Council Officer Melissa Gibbons begins series of communications with Mr Gifford aimed at achieving compliance with the Orders. (Refer to MMG2 of Ms Gibbons 10 September 2021 affidavit.) Application for consent made under s 315(2) with supporting affidavits. Affidavit of Mr Gifford filed setting out recent work undertaken with respect to Order Bl (riparian planting), B4, BS (soil contamination) and B9 (tracki...

3. [2024] NZEnvC 216 Nicolson v Dunedin City Council [pdf, 611 KB]

   ...subdivisions within Area A; and (k) addition of a guidance note within the introduction to the Rural Zones Chapter Rules to ensure the Structure Plan Rules within the PCR portion of the site applies. [3] I have also read and considered the affidavits of Emma Spalding and Zoe Lunniss, both affirmed 16 August 2024. The affidavits together explain the scope to make the changes sought, the rationale for the agreed changes in terms of s32AA RMA and assesses the agreed changes throu...

4. [2025] NZEmpC 172 South Pole IP Holding (NZ) Limited v Hao [pdf, 200 KB]

   ...interest in the proceeding; and (g) the overall balance of convenience. [11] Other factors, including the likely merits of any related challenge, can also be relevant.10 Ultimately, the overarching consideration is the interests of justice. Affidavits have been filed [12] On 25 July 2025 South Pole filed an affidavit from its director, Mr Wu. He gave evidence of the poor financial position of the company and his concern that it may run into financial difficulties if it is requ...

5. [2025] NZLVT 34 - Ovens v Dunedin City Council (4 August 2025) [pdf, 240 KB]

   ...value is split amongst the different uses, and the value of all the parts added together equals the value of the whole rating unit. [13] The rating apportionment to recognise the Area of Significant Biodiversity on the property was set out in the affidavit of Mr Timothy Gibson as follows: A Plate – Area of Significant Biodiversity: Capital Value: $165,000 Land Value: $155,000 Value of Improvements: $10,000 5 B plate – Area outside Significant Biodiversity Capi...

6. [2014] NZEmpC 179 Prime Range Meats Ltd v McNaught costs [pdf, 56 KB]

   ...judgment of 16 June 2014, I found for the plaintiff. 1 The parties have been unable to reach agreement upon costs and the plaintiff has now made formal application for an award of costs in its favour. Counsel have filed helpful submissions and an affidavit as to means has been filed by the defendant, Mr McNaught. [2] One of the features of the substantive hearing was that the plaintiff’s challenge related to an award of compensation to Mr McNaught by the Employment Relations...

7. [2016] NZEmpC 28 Bidvest New Zealand Ltd v First Union Inc [pdf, 87 KB]

   ...application itself “would have been relatively minor”. Counsel say that these would have covered the preparation of a standard undertaking as to damages, preparation of a straightforward interlocutory application for urgent relief, and two affidavits. The defendant claims that all of these costs must have been incurred principally in the short 23-hour period between the strike notices being issued at 2.57 pm on Thursday 17 December 2015 and the filing of the plaintiff’s appl...

8. [2014] NZEmpC 232 Kenmare v Fulton Hogan Ltd costs [pdf, 57 KB]

   ...A reasonable starting point would be $3,000 plus GST, having regard to costs previously awarded in the Authority, and to the way in which the matter was able to be dealt with in this Court. c) Mr Kenmare is unable to pay an order of costs. An affidavit has been placed before the Court which details the challenging financial position in which he finds himself. d) Having regard to his impecunious position, costs should lie where they fall. e) An order for costs has als...

9. [2018] NZEnvC 070 Cossens v Queenstown Lakes District Council [pdf, 935 KB]

   ...that the actions of the QLDC and UCESt have been frivolous, natural justice has not been upheld, there is no defence or where no cause of action on behalf of either the QLDC andlor UCESI can succeed. [8] The application is supported by a brief affidavit from Dr Cossens dated 8 April 2018. In summary Dr Cossens believes that the Council "have no reasonable grounds to take this matter to a court hearing and have no reasonable defence"' . [9] I should record also that...

10. Memorandum of Counsel 6 July 2018 [pdf, 371 KB]

    ...that relate to the Application for resource consent. In order to ensure that Mana Whenua values are adequately considered Mana Whenua request that a Māori Land Court Judge, as an alternative Environment Judge, is added to the Bench. 5. An affidavit is being prepared to support the matters raised in this Memorandum. The affidavit will highlight the concerns Mana Whenua have with the process leading to the direct referral application being granted as well as supporting the reque...