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1. Saffioti & Anor v Ward & Ors [2013] NZWHT Auckland 17 [pdf, 287 KB]

   ...it is unnecessary for us to reach a firm conclusion on the total claimable cost of the remedial work. General Damages [33] Mr and Mrs Saffioti have applied for general damages of $60,000. The Sunset Terraces and Byron Avenue3 Court of Appeal decisions establish that the appropriate measure of general damages depends on individual circumstances. However, for owner occupiers the usual award will be in the vicinity of $25,000. White J in Coughlan v Abernethy4 confirmed tha...

2. [2018] NZEnvC 131 Grattan Investments Limited v Waikato District Council [pdf, 18 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA Decision No. [2018] NZEnvC I ~ f IN THE MATTER of the Resource Management Act 1991 AND of an appeal pursuant to s 120 of the Act BETWEEN GRATTAN INVESTMENTS LIMITED (ENV-2018-AKL-000009) Appellant AND WAIKATO DISTRICT COUNCIL Respondent Court: Environment Judge D A Kirkpatrick Date of Decision: 1 0 AUG 2018 Date of Issue: 1 0: AUG 2018 DETERMINATION OF THE ENVIRONMENT COURT A: The Court orders, by consent,...

3. [2023] NZEnvC 097 Amisfield Environment Protection Group v Central Otago District Council [pdf, 21 MB]

   IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KOTI TAIAO O AOTEAROA KI OTAUTAHI IN THE MA TIER AND BETWEEN AND AND AND Decision No. [2023] NZEnvC 97 of the Resource Management Act 1991 an appeal under s 120 of the Act AMISFIELD ENVIRONMENT PROTECTION GROUP (ENV-2022-CHC-22) Appellant CENTRAL OTAGO DISTRICT COUNCIL First Respondent OTAGO REGIONAL COUNCIL Second Respondent CROMWELL CERTIFIED CONCRETE LIMITED Applicant Environment Judge J E Borthwick -...

4. [2023] NZEnvC 198 Stilwell v Opotiki District Council [pdf, 8.3 MB]

   G & S Stilwell v Ōpōtiki District Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2023] NZEnvC IN THE MATTER OF an appeal under section 120 of the Resource Management Act 1991 BETWEEN G & S STILWELL (ENV-2022-AKL-000212) Appellants AND ŌPŌTIKI DISTRICT COUNCIL Respondent Court: Chief Environment Court Judge D A Kirkpatrick sitting alone under s 279 of the Act Last case event: 6 September 2023 Date o...

5. Directory of Official Information G-I [pdf, 1013 KB]

   ...established in March 2004 under the Gambling Act 2003. Functions and responsibilities The Commission is an independent statutory decision-making body established under the Gambling Act 2003. The Commission hears casino licensing applications and appeals on licensing and enforcement decisions made in relation to gaming machines and other non- casino gambling activities. The Gambling Commission has the powers of a Commission of Inquiry. Its functions are wide-ranging, and include...

6. Butcher v NZ Transport Agency [2022] NZHRRT 21 [pdf, 586 KB]

   ...justified in a free and democratic society. [53] Part 1A does not define discrimination. Rather, what amounts to discrimination contrary to s 19 of the Bill of Rights Act has been judicially determined. That test is that set out by the Court of Appeal in Ministry of Health v Atkinson [2012] NZCA 184, [2012] 3 NZLR 456 (Atkinson) at [55], [109] and [135]-[136]: [53.1] First, there must be differential treatment or effects as between persons or groups in analogous or comparable situati...

7. [2011] NZEmpC 101 Arkompat v Thai Chilli Co Ltd t/a Thai Chilli [pdf, 95 KB]

   ...Authority‟s determination, that does not explain adequately, or really at all, why it took a further five weeks after that to lodge a challenge. Indeed, it does indicate that both the applicant and his lawyer were then aware of the expiry of an appeal period and could be expected to have done something about it. [4] The applicant‟s case then falls back on his other ground, that of temporary impecuniosity. He says he had other debts which, presumably, he felt obliged to eithe...

8. [2011] NZEmpC 56 Sealord Group Ltd v Service & Food Workers’ Union Nga Ringa Tota [pdf, 81 KB]

   ...The hearing, therefore, consisted solely of submissions by counsel. Principles [5] The principles to be applied in construing and applying employment agreements in cases such as this were discussed in depth by this Court and by the Court of Appeal in New Zealand Tramways and Public Transport Employees Union 1 CA 217/09, 17 December 2009. Inc v Transportation Auckland Corporation Ltd 2 and NZ Meat Workers and Related Trades Un...

9. [2011] NZEmpC 62 Greymouth Dental Centre v Bowkett [pdf, 80 KB]

   ...v Duncan, 5 where 4 [2010] NZEmpC 24. 5 [2010] NZEmpC 36. the Court reiterated the important role that Calderbank offers play and cited Health Waikato Ltd v Elmsly 6 where the Court of Appeal referred to the need for “steely responses” 7 by the Courts where claimants do not beat a Calderbank offer, as this was in the broader public interest. He also cited Gates v Air New Zealand Ltd 8 to the same effect. He submitte...

10. [2010] NZEmpC 112 Pacific Blue Employment & Crewing Ltd v B [pdf, 34 KB]

    ...full Court decision in Air New Zealand v V.3 I note also the decisions of Judge Travis in Butcher v OCS Ltd4 and Judge Shaw in Arthur D Riley & Co v Wood.5 In both cases the Court had regard to the decision of the United Kingdom Court of Appeal in Airbus UK Ltd v Webb6 which was to the effect that all past conduct, even that which had been the subject of expired warnings, might properly be taken into account by an employer in making a decision to dismiss. Taking these more re...