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1. ENV-2016-AKL-000186 Viaduct Harbour Holdings Limited v Auckland Council [pdf, 8.6 MB]

   Notice of appeal to Environment Court against decision on proposed Auckland combined plan Dated: 16 September 2016 Before the Environment Court In the matter of: Local Government (Auckland Transitional Provisions) Act 2010 (LGATPA) and the Resource Management Act 1991 (RMA) - Appeal against decision on proposed Auckland combined plan – s 156(1) of the LGATPA – Topics 043 & 044 Transport - parking ratio for all activities in Viaduct Harbour Precin...

2. [2011] NZEmpC 1 Gyenge v Clifford Lamar Limited [pdf, 221 KB]

   ...suffering at that time I couldn‟t – I would have left long before Emma would – the stress levels that she was suffering were awful. The law [52] The legal principles relating to cases of constructive dismissal were enunciated by the Court of Appeal in Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW 2 and have subsequently been applied in numerous decisions of this Court. Relevantly, the Court of Appeal stated: 3...

3. [2014] NZEmpC 213 Hixon v Campbell and Ors substantive [pdf, 264 KB]

   ...consequences of a suggested interpretation.” 12 This suggests that “the context” is not merely the statutory context although that is an essential part of it. Authority for this proposition is the judgment of the New Zealand Court of Appeal in Police v Thompson, 13 which followed the earlier Supreme (now High) Court judgment in Auckland City Corporation v Guardian Trust and Executors Co of New Zealand Ltd, 14 where the Court concluded that the statutory definition of t...

4. Dawson v Auckland Council [2011] NZWHT Wellington 36 [pdf, 242 KB]

   Page | 1 IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2010-100-000043 [2011] NZWHT AUCKLAND 36 BETWEEN ANTHONY AND ANGELA DAWSON Claimants AND AUCKLAND COUNCIL (formerly known as NORTH SHORE CITY COUNCIL) First Respondent AND OSBORNE PRICE CONSTRUCTION LIMITED Second Respondent AND MARK AND JOANN-LEE FULLER Third Respondents AND GREG PAUL THOMAS (Removed) Fourth Respondent AND IAN BLACK Fifth Respondent AND BARNEY CORNAGA Sixth Respond

5. Manchester Securities Limited v Auckland Council [2016] NZWHT Auckland 1 [pdf, 341 KB]

   ...paid for damaged property, otherwise the wrongdoer would escape liability. Manchester places considerable reliance on English case law concerning the assignment of contractural rights. In particular Manchester relies on the English Court of Appeal case Offer-Hoar v Larkstore Limited.3 [30] In Offer-Hoar, a vendor of land assigned his contractural rights arising from an engineering report on the land to the purchaser, five years after selling for full value, and after a landslip...

6. [2018] NZEmpC 14 Hayashi v SkyCity Management Ltd [pdf, 422 KB]

   ...requires. It is not for the Court … to enter into a fact finding inquiry, of the kind which would be 5 C v Air Nelson Ltd [2011] ERNZ 207 (EmpC). The approach adopted by the Court was approved on appeal in Air Nelson Ltd v C [2011] NZCA 488, (2011) 8 NZELR 453. required for example, in a criminal proceeding. That is not the purpose of the question which the Court must answer under s 103A of the Act. [49] It would, howev...

7. Hill v Whimp [pdf, 158 KB]

   ...their history of owning and subdividing other land. [45] The law is well settled that those who build owe a duty of care to future owners of those buildings. The leading case is Mt Albert Borough Council v Johnson [1979] 2 NZLR 234 (Court of Appeal). The decision in that case arose from a development company engaging contractors to do the building work on a block of flats. The legal principle has been subsequently applied to the not uncommon situation in New Zealand where an ow...

8. [2020] NZEmpC 139 KiwiRail Ltd v Mobbs [pdf, 450 KB]

   ...employment agreements on the one hand, and rectification on the other. These principles establish what evidence is admissible in each case. Legal framework Interpretation principles [24] In The Malthouse Ltd v Rangatira Ltd,4 the Court of Appeal provided a convenient summary of the correct approach to contractual interpretation, as stated by the Supreme Court in Vector Gas Ltd v Bay of Plenty Energy Ltd,5 and Firm PI 1 Ltd v Zurich Australian Insurance Ltd.6 The Court stat...

9. [2023] NZEnvC 037 Currie v Palmerston North City Council [pdf, 992 KB]

   IN THE ENVIRONMENT COURT AT WELLINGTON I TE KOTI TAIAO O AOTEAROA KI TE WHANGANUI-A-TARA IN THE :tvIA TTER BET\VEEN AND .AND Decision [2023] NZEnvC 037 of an appeal under s 120 of the Resource Management Act 1991 ISOBEL ESTHER CURRIE and BEV AN PHILIP CURRIE (ENV-2021-\VLG-000040) Appellants PALMERSTON NORTH CITY COUNCIL Respondent TOLLY FARM LIMITED TRADING AS SOUL FRIENDS PET CRE:tvIA TIO NS Applicant Court: Environment Judge BP Dwyer Environment Commissi...

10. [2022] NZEnvC 112 Minister of Conservation v Wellington Regional Council [pdf, 1.5 MB]

    IN THE ENVIRONMENT COURT AT WELLINGTON I TE KOTI TAIAO O AOTEAROA KI TE WHANGANUI-A-T ARA Decision No. [2022] NZEnvC 112. IN THE IvIA TIER of appeals under cl 14 of Schedule 1 to the Resource Management Act 1991 BETWEEN MINISTER OF CONSERVATION (ENV-2019-WLG-000106) LAND IvIA TIERS LTD (ENV-2019-WLG-000107) PORIRUA CITY COUNCIL (ENV-2019-WLG-000116) WELLINGTON INTERNATIONAL AIRPORT LTD (ENV-2019-WLG-000117) CENTREPORT LTD AND CENTREPORT PROPERTIES LTD (ENV-2019-W...