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  1. 6.5 Copies of judgements

    A judgment is a transcript of the judge’s decision. Access to court documents may be subject to the payment of a fee.  Supreme Court, Court of Appeal, High Court If you have been in court, you should ensure that the court taker has your correct contact details as the court may email a copy of the decision to you directly. Decisions of high public interest may be posted by the court on the Senior Courts website. Other decisions can be found on Judicial Decisions Online. Copies of judgments are...

  2. ENV-2020-AKL-000090

    Appeal ENV-2020-AKL-000090 Waikato River Authority v Waikato Regional Council s274 interested parties Auckland/Waikato Fish and Game Council Beef+Lamb New Zealand Limited Dairy NZ Limited Federated Farmers of New Zealand Fonterra Co-operative Group Limited G Pinnell Graeme Gleeson Hamilton City Council Horticulture New Zealand Mercury NZ Limited OJI Fibre Solutions NZ Limited Royal Forest and Bird Protection Society of New Zealand Incorporated Waikato River and Waipa River Iwi Wairakei Pastoral...

  3. [2017] NZEnvC 032 South Epsom Planning Group Incorporated v Auckland Council [pdf, 32 MB]

    IBEFORE THE ENVIRONMENT COURT Court: Parties: IN THE MATTER AND BETWEEN AND AND Decision No. [2016] NZEnvC 0 3 2 of the Resource Management Act 1991 of appeals pursuant to clause 14 of the First Schedule to the Act SOUTH EPSOM PLANNING GROUP INCORPORATED AND THREE KINGS UNITED GROUP INCORPORATED (ENV-2016-AKL-01 ) NGATI TE ATA WAIOHUA AND NGATI TAMAOHO TRUST (ENV-2015-AKL -158) Appellants AUCKLAND COUNCIL Respondent FLETCHER RESIDENTIAL LIMITED Applica...

  4. [2023] NZEnvC 203 Director-General of Conservation v Marlborough District Council [pdf, 1.3 MB]

    ...v MDC & The New Zealand King Salmon Co Limited – Consent Order IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2023] NZEnvC 203 IN THE MATTER of the Resource Management Act 1991 AND appeals under s120 of the Act BETWEEN DIRECTOR-GENERAL OF CONSERVATION (ENV-2022-CHC-67) AND MCGUINNESS INSTITUTE LIMITED (ENV-2022-CHC-68) Appellants AND MARLBOROUGH DISTRICT COUNCIL AND THE NEW ZEALAND KING SALMON CO LIMITED R...

  5. [2007] NZEmpC CC 23/07 Coy v Commissioner of Police [pdf, 46 KB]

    ...Mr Martin for the Commissioner sought to require the plaintiff to be limited in the evidence that she will be entitled to adduce leading to her dismissal grievance by reference to the nature of that claim. As Mr Martin pointed out, the Court of Appeal in Auckland Shop Employees Union v Woolworths (NZ) Ltd [1985] 2 NZLR 372 set out three categories or classes of constructive dismissal in employment. That the categories may not necessarily be closed is not for decision in this case, a...

  6. [2007] NZEmpC AC 33/07 Schneller v Ranworth Healthcare Ltd [pdf, 51 KB]

    ...rights under the Act or to establish the suitability of the employee’s permanent employment. [18] These provisions were interpreted and applied in a case heard by this Court (Clarke v Norske Skog Tasman Ltd [2003] 2 ERNZ 213) and subsequently on appeal by the Court of Appeal (Norske Skog Tasman Ltd v Clarke [2004] 1 ERNZ 127). [19] If employment was pursuant to a lawful fixed term agreement, the expiry of this agreement according to its terms would not support a claim to an unju...

  7. [2010] NZEMPC 144 Gilbert v Transfield Services (NZ) Ltd [pdf, 37 KB]

    ...determination by email but stated to Ms Service that this had not happened and requested her agreement to an extension of 1 CA 5A/10. time in the event that Mr Gilbert decided to pursue an appeal of the Authority’s determination, once he had received and studied it. [7] That same day Mr Yukich deposed that he contacted the Authority, reminded them of the request for service by email and requested a copy of the determinat...

  8. [2009] NZEmpC CC 7/09 Heritage Expeditions Ltd v Fraser [pdf, 37 KB]

    ...position. [20] The second difference flows from this. Where a party allows the prescribed time to expire before taking any steps, the opposing party is led to believe that the right will not be exercised. Where the right in question is one of appeal or challenge to a decision already made in favour of the other party, that party will have been led to believe that the decision at first instance was final and enforceable. In such circumstances, being deprived of that certainty is s...

  9. [2007] NZEmpC AC 24/07 Jeffries v Adis International Ltd [pdf, 47 KB]

    ...Mr Ryan for the plaintiff referred not only to Binnie but also to Victoria University of Wellington v Alton-Lee [2001] 1 ERNZ 305 (CA) and Health Waikato Ltd v Elmsly [2004] 1 ERNZ 172 (CA), and submitted that these “triumvirate” of Court of Appeal decisions have established the principles to be applied by the Employment Court in fixing costs. He submitted that the first step is to decide whether the costs actually incurred were reasonable and to make adjustments if they were n...

  10. Scott v Sullivan - Karamu AY Section 2 (2013) 27 Takitimu MB 5 (27 TKT 5) [pdf, 127 KB]

    ...satisfactorily; or (b) Because of lack of competence or prolonged absence, the trustee is or will be incapable of carrying out those duties satisfactorily. [24] In Rameka v Hall, on the issue of the relevant principles regarding removal, the Court of Appeal, citing with approval the approach of the Māori Appellate Court, stated: 6 [30] The settled approach in the Māori Appellate Court in applying s 240 is to make an assessment of these standard duties together with what the...