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1. [2024] NZEnvC 005 New Zealand Transport Agency Inc v Horowhenua District Council [pdf, 917 KB]

   NEW ZEALAND TRANSPORT AGENCY – WAKA KOTAHI v HOROWHENUA DISTRICT COUNCIL IN THE ENVIRONMENT COURT AT WELLINGTON I TE KŌTI TAIAO O AOTEAROA KI TE WHANGANUI-A-TARA Decision No. [2024] NZEnvC 005 IN THE MATTER of an appeal under cl 14 of Schedule 1 of the Resource Management Act 1991 BETWEEN NEW ZEALAND TRANSPORT AGENCY – WAKA KOTAHI (ENV-2022-WLG-000027) Appellant AND HOROWHENUA DISTRICT COUNCIL Respondent Court: Judge L J Semple sitting alone under s 279 of...

2. [2023] NZEnvC 269 Silver Hill Limited v Auckland Council [pdf, 21 MB]

   Silver Hill Limited v Auckland Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2023] NZEnvC 269 IN THE MATTER OF an appeal under section 120 of the Resource Management Act 1991 BETWEEN SILVER HILL LIMITED (ENV-2023-AKL-000004) Appellant AND AUCKLAND COUNCIL Respondent Court: Chief Environment Court Judge D A Kirkpatrick sitting alone under s 279 of the Act Last case event: 11 October 2023 Date...

3. MAG-Final-report-on-workstream-1.pdf [pdf, 622 KB]

   ...Act 1961: “he or she does not strike or cause bodily harm”. This case involved three retailers and explored what reasonable force meant in defence of movable property, restraint and false imprisonment. The retailers acquittal, which was not appealed, led to substantial reform of Canadian legislation in 2012 this now paper proposes. • Reform is needed to modernise sections for 2024 and not Victorian New Zealand. It would also avoid a R v Chen scenario arising, noting that th...

4. [2010] NZEmpC 37 Hamon v Coromandel Independent Living Trust [pdf, 13 KB]

   ...her contention that, although she cannot make arrangements to pay this sum by 1 May, she is hopeful that she can do so by 1 July. The second broad ground of opposition is that the plaintiff’s present application is, in effect and de facto, an appeal to which the plaintiff is not entitled. 1 [2010] NZEMPC 20. [4] Addressing the second issue first, I am satisfied that s 221 of the Employment Relations Act 2000 empowers the...

5. [2015] NZEmpC 167 Mighty River Power Ltd v Halwala consent [pdf, 73 KB]

   ...In relation to the latter point counsel for the plaintiff referred, by way of analogy, to s 286(1) of the Criminal Procedure Act 2011, which requires that, before making an interim suppression order, the applicant must satisfy the Court that an appeal will be filed against the decision to decline an application. [4] An urgent telephone conference was convened to progress the plaintiff’s application for urgency and its challenge. The parties have now requested that a consent jud...

6. [2013] NZEmpC 115 Webb v Hose [pdf, 48 KB]

   ...and there is no basis to depart from that principle in this case. The principles applying to costs awards in this Court are well 1 [2013] NZEmpC 92. established from previous Court of Appeal decisions, one of which is referred to by both parties in their submissions in this case. 2 [4] Relying upon attachment B to Mr Burdon’s submission, the gross fees pre- GST charged to Ms Hose amount to $3,495. The GST on that amoun...

7. ENVC 20160707 notice of hearing 184 maraetai road limited [pdf, 80 KB]

   ...CX10086 PO Box 7147 Auckland Telephone: (09) 916 9091 Facsimile: (09) 916 9090 SCHEDULE OF PROCEEDINGS 1. Lodgement Interlocutory: ENV-2014-AKL-000020 Waiver Of Time To File Notice Of Interest i. 184 Maraetai Road Limited v Auckland Council Appeal Against Decision Of Consent Authority pursuant to Section 120 of the Resource ManaQement Act 1991 2. Lodgement Interlocutory: ENV-2016-AKL-000030 Security For Costs i. The Margaret E Pallister Family Trust v Auckland Council Appl...

8. JL v RP LCRO 249 / 2011 (19 March 2012) [pdf, 41 KB]

   ...be made within 30 working days after the date of this decision. The contact details for the LCRO are 0800 367 6838, Private Bag 92535, Wellesley Street, Auckland 1141 or www.justice.govt.nz/tribunals/legal-complaints-review-officer/contact-us Appeals must be on the prescribed form and accompanied by the prescribed fee ($30.67 inclusive of GST).” [6] There is no definition of “working days” provided in the Act. That definition is provided by section 29 of the Interpretation...

9. Protocol as to Environment Court Judgment delivery expectations [pdf, 187 KB]

   ...12 months ending 31 December of the previous year. 3 Table Percentage of judgments delivered in: Type of proceeding 1 Month or less 3 Months or less 6 Months or less Total Judgments delivered Consent Appeals Plans Plan Changes Other Total (b) A statement by the Principal Environment Judge of how many judgments were outstanding beyond a reasonable time for delivery (where reasonableness is assessed unde...

10. [2017] NZEnvC 132 Jesus 2016 Company Limited v Auckland Council [pdf, 1 MB]

    BEFORE THE ENVIRONMENT COURT IN THE MATTER AND BETWEEN AND Decision No. [2017] NZEnvC 132 of the Resource Management Act 1991 of an appeal pursuant to s 321 of the Act JESUS (2016) COMPANY LIMITED (ENV-2016-AKL-251 ) Appellant AUCKLAND COUNCIL Respondent Court: Environment Judge JA Smith Hearing: At Auckland, 16 August 2017 Appearances: Mr DJ Collins for Auckland Council No appearance for Jesus (2016) Company Limited Date of Decision : 16 August 2017 Date of I...