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1. [2024] NZEnvC 077 Wellington Regional Council v Crosbie [pdf, 185 KB]

   ...disposal of wastewater. It also holds the relevant resource consent for the operation of the wastewater disposal field (WGN120268). [3] The Court succinctly outlined it findings on the factual position in its decision as follows:1 [14] The affidavits filed by the Council and Third Respondent establish that a drainage system owned by the Third Respondent serving the Nikau Lakes subdivision, contained within and protected by easement over the Property owned by the First Respondent, has...

2. [2023] NZEmpC 151 Halse v Employment Relations Authority [pdf, 238 KB]

   ...costs. This is, first, because of the Court of Appeal proceedings already referred to, and his applications for recusal and for stay. [31] Second, Mr Halse queries whether Turuki’s costs indeed exceed the $40,869 claimed. He submits that sworn affidavits and evidence should be provided by Turuki to support its claim for an uplift in costs, with the ability to cross examine witnesses. He referred to the process leading to the Court’s decision in Ashby v NIWA Vessel Managemen...

3. [2023] NZEnvC 189 Feeley v Queenstown Lakes District Council [pdf, 660 KB]

   ...Family also called evidence of the concerns and perspectives of several local residents. Dame Elizabeth and David Hanan gave evidence on their own behalf. They also called evidence from Mr Mark Hosie. Furthermore, the Hanan Family adduced several affidavits from Arrowtown residents or representatives of residents’ associations or groups.9 Site visits [24] According to an itinerary proposed by the parties, the court visited a number of viewpoints, including from public reserve...

4. ENVC practice note 2014 [pdf, 263 KB]

   ...which they were commenced and are ready for hearing. If a party seeks priority (where the case has not been managed in the priority track), an application for a priority fixture may be made. The application should show reasons (supported by an affidavit, if appropriate) why the proceeding should be heard in priority to other proceedings whether in the public interest, or because of the circumstances of the particular case (for instance, where awaiting the case’s normal turn wou...

5. 2014-Environment-Court-Practice-Note.pdf [pdf, 286 KB]

   ...which they were commenced and are ready for hearing. If a party seeks priority (where the case has not been managed in the priority track), an application for a priority fixture may be made. The application should show reasons (supported by an affidavit, if appropriate) why the proceeding should be heard in priority to other proceedings whether in the public interest, or because of the circumstances of the particular case (for instance, where awaiting the case’s normal turn wou...

6. Practice Note 2014 [pdf, 286 KB]

   ...which they were commenced and are ready for hearing. If a party seeks priority (where the case has not been managed in the priority track), an application for a priority fixture may be made. The application should show reasons (supported by an affidavit, if appropriate) why the proceeding should be heard in priority to other proceedings whether in the public interest, or because of the circumstances of the particular case (for instance, where awaiting the case’s normal turn wou...

7. Idea Services v Attorney-General (Interim Order Application) [2013] NZHRRT 24 [pdf, 148 KB]

   ...ante pending the final determination of this proceeding. (j) It is in the interests of justice that the order sought be made. [4] The chronology of the plaintiff’s post-High Court judgment dealings with the MOH as established by the supporting affidavit evidence has been accurately summarised in the chronology provided by Dr Butler. It is in the following terms: Events following the High Court judgment Date Event 5 December 2012 IDEA Services issues a press release commenting o...

8. [2022] NZEnvC 095 Lomai Properties Limited v Auckland Council [pdf, 1.8 MB]

   ...agreement reached between the parties and providing analysis under s 32AA to justify the agreed changes to the PC61 provisions. [10] Following this request, the parties filed a second joint memorandum dated 1 June 2022, which was supported by an affidavit from planning consultant Mr Vijay Lala dated 31 May 2022. 4 Agreement reached [11] Following direct discussion and Environment Court assisted mediation, on 27 April 2022, the parties agreed to resolve the majority o...

9. [2012] NZEmpC 198 ABC01 Ltd (Formerly Primary Heart Care Ltd) v Dell [pdf, 64 KB]

   ...The conditions on which ABC01 Limited had leave to challenge out of time 1 have not been satisfied so that there is now no entitlement in law for the company to challenge the Authority’s determination. 2 [2] I am satisfied from Mr Dell’s affidavit evidence that ABC01 Limited has paid none of the money, due under the Authority’s determination, to him. None has been paid to the Registrar. Mr Rakau has confirmed that the company has not paid the sums ordered on 6 November 201...

10. [2015] NZEmpC 125 Shanmuganathan v PowerNet Ltd [pdf, 78 KB]

    ...appropriate conditions for Mr Shanmuganathan’s reinstatement are to be filed jointly by 31 July 2015; if that does not prove possible, they are to be filed individually on the basis that PowerNet should file and serve its submissions and evidence by affidavit, if any, by 31 July 2015; and Mr Shanmuganathan should file and serve his submissions and evidence, if any, by affidavit by 7 August 2015. Counsel should also indicate whether a further hearing is sought, or whether the...