Search Results

1. [2022] NZEnvC 120 Director-General of Conservation v Whangarei District Council [pdf, 264 KB]

   ...have been filed. Accordingly, there is no issue as to costs and the Court makes no orders. 2 REASONS Introduction On 16 June 2022 the Court issued its second interim decision in relation to the District Wide – Kauri dieback topic of appeals on the Urban and Services plan changes to the Operative Whangārei District Plan.1 The parties were directed to prepare a final of the plan provisions for approval by the Court. The Council has prepared and filed the final provision...

2. [2023] NZEmpC 98 Caisteal An Ime Ltd v Faithfull [pdf, 209 KB]

   ...so that the successful party is entitled to an award of them. [20] In this case Mr Hobcraft relied on the Calderbank offer and Bluestar Print Group (NZ) Ltd v Mitchell to explain why Ms Faithfull is entitled to costs.8 In Bluestar, the Court of Appeal considered a Calderbank offer relating to a claim before the Authority. The Court took reg 68(1) as its starting point and was satisfied that the Calderbank offer fell squarely within the regulation.9 It then considered the High Cou...

3. Smith - Pekapeka 2A1D2B (2023) 103 Tākitimu MB 287 (103 TKT 287) [pdf, 231 KB]

   ...97) at [30]. 7 Reid v Trustees of Kaiwaitau 1 Trust – Kaiwaitau 1 (2006) 34 Gisborne Appellate MB 168 (34 APGS 168) at [17]. 8 See, for example, Whaanga v Trustees of the Anewa Trust – Anewa Block [2013] Māori Appellate Court MB 45 (2013 APPEAL 45); upheld by Whaanga v Niania – Anewa Trust [2011] Māori Appellate Court MB 428 (2011 APPEAL 428); 103 Tākitimu MB 293 to be able to be established on the block unless a portion of it is partitioned. This will give the...

4. [2025] NZREADT 18 - Dong v REA (09 June 2025) [pdf, 218 KB]

   ...Specifically, the evidence should be considered “cogent” only if it is capable of showing that the Registrar erred in one of the fundamental ways that would justify upholding the application for review.5 The threshold is higher than a full merits appeal. [33] Ms Maslin submits that the new evidence the Applicant wishes to adduce is not cogent, because it does not show that the Registrar erred in a way that would justify upholding the application for a review. She submits that th...

5. [2025] NZEmpC 166 Berryman v Fonterra Cooperative Group Ltd [pdf, 183 KB]

   ...another court which is above it in the same hierarchy of courts. However, a court will never be obliged to follow a decision of a court which is lower in the same hierarchy.4 This Court is a senior court. It sits alongside the High Court with an appeal pathway (by leave) to the Court of Appeal and then Supreme Court.5 As such, it is not obliged to follow the decisions of the District Court. [16] Although the doctrine of precedent does not apply in this case, I will consider wh...

6. [2011] NZEmpC 150 Parker v Silver Fern Farms Ltd [pdf, 41 KB]

   ...Hearing: By memorandum filed on 16 November 2011 Appearances: BA Corkill QC, counsel for plaintiff TP Cleary, counsel for defendant Judgment: 21 November 2011 SUPPLEMENTARY JUDGMENT OF CHIEF JUDGE GL COLGAN [1] The Court of Appeal, in its judgment in Parker v Silver Fern Farms Limited and the Employment Court, 1 remitted to this Court the question of what was to become of the Court’s interim order prohibiting publication of the name of, or otherwise identifyin...

7. Request for an interpreter [pdf, 161 KB]

   ...(cell)………………………………….... Language to be interpreted: ……………………………………………. Date of next hearing: ……………………..…….. Court of hearing: (Please tick the appropriate box.) Supreme Court Court of Appeal High Court Criminal Civil District Court Criminal Civil Family Youth Disputes Tribunal Tenancy Tribunal Māori Land Court Māori Appellate Court Environment Court Wai...

8. Minute of the Environment Court (dated 24 May 2017) [pdf, 49 KB]

   BEFORE THE ENVIRONMENT COURT IN THE MATTER of the Resource Management Act 1991 AND of an appeal under section 120 of the Act BETWEEN BLUESKIN ENERGY LIMITED (ENV-2016-CHC-47) Appellant AND DUNEDIN CITY COUNCIL Respondent MINUTE OF THE ENVIRONMENT COURT (24 May 2017) [1] This Minute is issued for the purpose of case management. [2] The s 274 parties are due to file their evidence-in-chief on 6 June 2017 and any rebuttal evidence is to be filed by 12 June 2017. [3] Partie...

9. [2018] NZEnvC 077 Waterfront Watch Incorporated v Wellington City Council [pdf, 51 KB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER BETWEEN AND AND AND Decision No: [2018] NZEnvC 77 ENV-2016-WLG-000062 & 064 of appeals under section 120 of the Resource Management Act 1991 WATERFRONT WATCH INCORPORATED and MICHAEL PETER CECIL GIBSON Appellants WELLINGTON CITY COUNCIL Respondent WELLINGTON CITY COUNCIL - BUILD WELLINGTON Applicant WELLINGTON CIVIC TRUST s 274 Party CONFIRMATION OF PROPOSED CONDITIONS Decisi...

10. [2018] NZEnvC 138 Director General of Conservation v Thames Coromandel District Council [pdf, 531 KB]

    BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA Court: Hearing: Appearances: Date of Decision: Date of Issue: IN THE MATTER AND BETWEEN AND Decision No. [2018] NZEnvC I 3 8 of the Resource Management Act 1991 of an appeal pursuant to Clause 14 of the First Schedule to the Act DIRECTOR-GENERAL OF CONSERVATION (ENV-2016-AKL-000149) Appellant THAMES-COROMANDEL DISTRICT COUNCIL Respondent Principal Environment Judge LJ Newhook Environment Co...