Search Results

1. [2017] NZEnvC 037 Wellington Fish Game Council v Manawatu-Wanganui Regional Council [pdf, 3.7 MB]

   ...intensive farming activity where is no willingness to reduce N loss but mitigation is both possible and efficient will be given a consent term of 3 to 5 years . ... " was unlawful, invalid and in contravention of the Act. [38] Ms Marr's affidavit showed that the Council had been assessing and granting consents in accordance with the Resolution. She identified consent examples where the justification for relying on the Resolution is stated to be that Policy 14-5(d) of the...

2. Naera v Fenwick - Whakapoungakau 24 block (2010) 15 Waiariki MB 279 (15 WAR 279) [pdf, 379 KB]

   ...Emery who was unavailable to attend the hearings due to illness. Other evidence was ruled inadmissible. The proceedings have occupied eleven days of hearing time, including interlocutories, involved eight principal witnesses, some with lengthy affidavits and exhibits, and have generated almost 500 pages of evidence and submissions recorded in the Court’s minute books. It has been a significant case. On Friday 27 August 2010 an oral decision was issued as set out in paragraphs...

3. ENVC combined interested-party notices M to S [pdf, 7 MB]

   IN THE ENVIRONMENT COURT ENV-2013-AKL-000174 AT AUCKLAND IN THE MATTER of the Resource Management Act 1991 (Act) IN THE MATTER an application under section 87G of the Act BETWEEN WAIHEKE MARINAS LIMITED Applicant AND AUCKLAND COUNCIL Respondent - NOTICE OF PERSON’S WISH TO BE PARTY TO PROCEEDINGS Section 274 Resource Management Act 1991 TO: the Registrar Environment Court PO Box 7147 Wellesley Str

4. LCRO 9/2024 & 12/2024 QB v WF and SY & WF and SY v QB (27 June 2024) [pdf, 1.3 MB]

   ...and possibly another, unspecified member. She also requested that a competent employment law practitioner be included on the Committee . [68] The stated basis of the assertion of bias was that one of the Committee members had once witnessed an affidavit and that the applicant had been ordered in those proceedings to pay the witness’ firm’s “atrocious bill” for doing so. [69] The Committee resolved to proceed to hearing, gave notice of a hearing on the papers on and...

5. Hemi v Ritchie - Whaanga 1D1D Roadway (2025) 282 Waikato Maniapoto MB 9 (282 WMN 9) [pdf, 745 KB]

   ...The map below shows the HWT house and the boundaries of their portion of the cross-lease land: 11 The purpose of this hui was to discuss the placement of the boardwalk and G track to provide pedestrian access to the sea as referred to in the Affidavit of Hohua Warren Hemi, 18 January 2023, at [43] in the Common Bundle at 238. 12 Hemi v Waikato District Council [2011] NZEnvC 99. 282 Waikato Maniapoto MB 19 (a) At approximately point I is the gate constructed by the HWT,...

6. [2011] NZEmpC 129 Patel v Pegasus Stations Ltd [pdf, 95 KB]

   ...approach to strike out applications, apart from the evidence taken as to means, there is no evidence before the Court other than the pleadings, the initial documentation filed in the Authority and the correspondence referred to in [9] above. A brief affidavit was filed on behalf of the defendant on the day of the hearing which related to the application for a stay. The Court has not sighted Mr Patel’s employment agreement or any other relevant documentation such as the defendant...

7. [2011] NZEmpC 143 NZ Meat Workers & Related Trades Union Inc v CMP Rangitikei Ltd [pdf, 113 KB]

   ...opposition to the plaintiff’s application which it did. [3] This judgment does not determine substantively the rights and obligations of the parties and the lawfulness of the lockouts. It has been brought on for hearing urgently and evidence on affidavit alone has been considered by the Court. There has been no opportunity for any of the usual elements of a trial including the filing of a statement of defence, disclosure of the relevant documents between parties, cross- examina...

8. [2015] NZEmpC 178 Twentyman v The Warehouse Ltd interlocutory [pdf, 116 KB]

   ...automatically the execution of the Authority’s orders. 5 [16] Ms Twentyman’s opposition to the application for security for costs is contained principally in the form of a memorandum to the Court rather than the expected notice of opposition and affidavit in support. Ms Twentyman’s (therefore 5 See Employment Relations Act 2000, s 180. unsworn) grounds for opposition include that she is currently not working; is re...

9. Kotahitanga Log Haulage Ltd v Forest Distribution Ltd - Mangaroa and other Blocks incorporated (2015) 126 Waiāriki MB 14 (126 WAR 14) [pdf, 245 KB]

   ...costs and disbursements. [13] Costs are also sought in respect of the discontinuance of the cause of action against Mangaroa & Other Blocks Incorporated (“the Incorporation”). The respondents prepared a statement of defence and accompanying affidavits in a response to the claim against the Incorporation. The applicants discontinued that claim in its amended statement of claim dated 29 January 2015. [14] Counsel for the respondents seek costs on a 2B basis in respect of this...

10. [2015] NZEmpC 232 Bidvest New Zealand Limited v FIRST Union Inc reasons for interlocutory [pdf, 132 KB]

    ...merits. In these circumstances, there are three tests that the Court must apply. 5 [11] First, it must be satisfied that there is an arguable case that the plaintiff will succeed at trial. This is done on the basis of pleadings and untested affidavit evidence. [12] Second, and if so, the Court must determine where the balance of convenience will lie between the parties for that period. That means, in effect, whether it will be more just to stop the intended strike action in...