Search Results

1. Amendment to Grant Forms and High Cost Criminal Cases - Submissions and decisions [pdf, 715 KB]

   ...request Please provide justification for any junior or co-counsel sought, specifying their identity, proposed role and level of involvement. What is the next scheduled court event and when will it occur? What is your estimate of trial/ appeal length in hearing days? What date has the matter been set down for trial/appeal? Initial grant High Cost Case Management Only Please explain how the 40 hours initial grant has been used. 4 Status of case Has th...

2. [2019] NZEmpC 48 Sawyer v The Vice-Chancellor of Victoria University of Wellington [pdf, 370 KB]

   ...judgment dated 22 June 2018, the Court held that the settlement agreement was lawful and binding.7 It was a full and final agreement resolving the employment relationship problems at the time it was signed. Dr Sawyer unsuccessfully sought leave to appeal the judgment to the Court of Appeal.8 [14] The Court’s judgment on the preliminary issue dealt with most of Dr Sawyer’s proceeding but not all of it. The settlement agreement provided for Dr Sawyer’s employment to end on...

3. [2018] NZEnvC 240 The Wolds Station Limited & Ors v Mackenzie District Council [pdf, 1.7 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2018] NZEnvC 240 of the Resource tI(1anagement Act 1991 of appeals under clause 14(1) of the First Schedule to the Act THE WOLDS STATION LIMITED (ENV-2009-CHC-187) FEDERATED FARMERS OF NEW ZEALAND (INC) MACKENZIE BRANCH (ENV-2009-CHC-193) MOUNT GERALD STATION LIMITED (ENV-2009-CHC-181 ) MACKENZIE PROPERTIES LIMITED (ENV-2009-CHC-183) MERIDIAN ENERGY LIMITED...

4. [2019] NZEnvC 089 Schwartfeger v Northland Regional Council [pdf, 5 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2019] NZEnvC O?!J<j of applications for declarations of s310 of the Resource Management Act 1991 (the Act) of an appeal pursuant to s 120 of the Act J K & H E SCHWARTFEGER (ENV-2018-AKL-000390) Applicants NORTHLAND REGIONAL COUNCIL Respondent Hearing: Whangarei on 8 April 2019 Before: Judge J A Smith (presiding) Commissioners I Buchanan and R M Bartle...

5. McGuckin - Whitianga Papa Tupu Ora Whenua Trust (2018) 385 Aotea MB 20 (385 AOT 20) [pdf, 391 KB]

   ...not appoint an individual or body unless it is satisfied that the appointment of that individual or body would be broadly acceptable to the beneficiaries. 385 Aotea MB 24 [22] The leading authority on the appointment of trustees is the Court of Appeal decision Clarke v Karaitiana.3 The Court of Appeal has confirmed that in appointing a trustee, the Court is obliged to have regard to the ability, experience and knowledge of the individual concerned. In considering those issues, t...

6. Taueki - Horowhenua 11 (Lake) (2018) 386 Aotea MB 142 (386 AOT 142) [pdf, 256 KB]

   ...matter. If it is 4 See Bidois v Clarke – Tokata A14 (2013) 31 Tairawhiti MB 95 (31 TRW 95) at [19]; and Naera v Fenwick – Whakapoungakau 24 [2011] Māori Appellate Court MB 316 (2011 APPEAL 316) at [61] 5 Ibid. 386 Aotea MB 148 likely that the trustees and their agents intend to undertake further works then this will need to be discussed at a telephone conference to be arranged at short notice if necessary....

7. Canterbury Earthquakes Insurance Tribunal Bill: Approval for Introduction [pdf, 455 KB]

   ...8y9t1vo72j 2018-07-19 11:51:38 7 earthquakes. The Tribunal will not consider issues involving on-sold properties. The Tribunal may join other potentially liable parties to the dispute where necessary. 49 Decisions of the Tribunal can be appealed on questions of fact and law to the High Court, with leave of the High Court. Second and subsequent appeals can be made on questions of law, with leave of the appellate Court. 50 Policyholders, insurers and the Earthquake Commission...

8. Hutcheson v Clarkson - Mangamaire B2 (2018) 73 Tākitimu MB 88 (73 TKT 88) [pdf, 432 KB]

   ...on it by this or any other Act, the Maori Land Court shall have all the powers that are inherent in a court of record. [10] The ability of a court of record to deal with evidence, its admission and suppression, was considered by the Court of Appeal in Brown v Attorney General:1 Before setting out what is in issue, we should make clear one matter which was not in issue: that is the jurisdiction of the District Court to make suppression orders in civil proceedings. Judge Ongle...

9. Hearn v Parklane Investments Limited [pdf, 45 KB]

   ...counsel). 19. Where the alleged bad faith involves public authorities or abuse of executive power the courts give a more restrictive meaning to “bad faith” by requiring an element of dishonesty be proven. As McMullin J stated in the Court of Appeal decision in Webster v Auckland Harbour Board (supra) there is generally difficulty in establishing bad faith against public authorities. (page 683) A broader interpretation is given in other situations, such as in this claim. 20. A...

10. [2019] NZEnvC 129 Thornley v Marlborough District Council [pdf, 12 MB]

    ...(a) $2,247.492 (expert planner); and (b) $674.103 (legal costs). [5] The Council makes the following submissions in support of its application (by way of summary): 2 3 4 (a) the Environment Court Practice Note 2014 provides that where an appeal is withdrawn after being set down for hearing the court will normally award costs against the appellant in favour of the other parties for their preparation for hearing;4 [2019) NZEnvC 83. Amount sought is 100% of cost incurred....