Search Results

1. [2017] NZEnvC 151 Auckland Council v L Mao, J Mao, E K Lau & Jesus 2016 Company Limited [pdf, 138 KB]

   ...from Mr Lau within the required five working days (or alternatively 25 August 2017). Should costs be awarded? [4] This is a case where the Court has already indicated that it considers that an application for costs should be made, given that the appeals are vexatious, frivolous and have no reasonable prospect of success. Furthermore, I concluded in the substantive decision at paragraph [27]1 that they were misconceived entirely. At paragraph [28], furthermore, the motivation for t...

2. [2018] NZEnvC 229 Augustine Lau (Ee Kuoh Lau) v Auckland Council [pdf, 132 KB]

   ...KUOH LAU) (ENV-2018-AKL-000034) Applicant AUCKLAND COUNCIL Respondent Court: Environment Judge M Harland sitting alone under s 279 of the Act Date of Decision: • Date of Issue: -3 DEC 2018 DECISION OF THE ENVIORNMENT COURT [A] The appeal is struck out in accordance with s 279(4) of the Act. [B] There is no order for costs. 2 REASONS Introduction [1] This matter involves an application to vary enforcement orders that were granted by this Court in relation to pro...

3. Law Commissioner Position Description [docx, 28 KB]

   ...Remuneration Authority. About the Commission Section 9 of the Act provides for the membership of the Commission to be no fewer than three and not more than six members. One member of the Commission, who must be a current or retired Judge of the Court of Appeal or the High Court, or a barrister or solicitor of the High Court of not less than seven years' practice, is appointed as the President of the Commission. Section 5 of the Act provides that the principal functions of the Law C...

4. ENV-2016-CHC-000071 Affidavit of Ms Lisa Jenkins [pdf, 1.2 MB]

   ...CRPS became operative and when reviews are scheduled for the remainder. Territorial Authority Plan review status KaikOura Have not undertaken a Plan review. Review is due in 2018. Hurunui Recently completed Plan review. Plan currently under appeal. Waimakariri Plan is currently under review, in the initial scoping stage. Christchurch Plan is currently under review, decisions are being progressively released. Selwyn Plan is currently under review, currently at "issues and...

5. Hamilton v O'Donnell Brick and Tile Ltd [pdf, 97 KB]

   ...since the time of the Disputes Tribunal hearing. Decision 6. It is well established in New Zealand law that parties cannot re-litigate questions that have already been judicially determined. Authority for this can be found in the Court of Appeal decision of Shiels v Blakeley [1986] 2 NZLR 262 (at 266) where the Court stated: “Where a final decision has been pronounced by a New Zealand judicial tribunal of competent jurisdiction over the parties to, and the subject-mat...

6. [2017] NZEmpC 17 Te Whanau O Waipareira Trust v Yao [pdf, 78 KB]

   ...counsel for the defendant, filed further submissions. However, Mr Ryan, counsel for the plaintiff, did not file submissions within the time directed, but at a later date indicated to the Court that the plaintiff had instructed him to discontinue the appeal. An appropriate Notice of Discontinuance was then filed on 9 December 2016 following prompting by the Court. The Notice of Discontinuance indicated that costs on the discontinuance remained an issue. [4] Even though the pla...

7. [2016] NZEmpC 138 AFFCO NZ Ltd v The NZ Meatworkers and Related Trades Union Inc [pdf, 81 KB]

   ...it is particularly appropriate that those applications be adjourned for a further attempt to be made to obtain a collective agreement. [11] I am not taking into account the ongoing litigation between the parties in this Court, in the Court of Appeal, and very soon in the Supreme Court, as a ground for adjourning the fixture: the direction to mediation is a good and sufficient ground for doing so. [12] Unfortunately, because of the length of the fixture, the desirability of counse...

8. CAC 521 v Wright [2019] NZREADT 33 - Ruling (5 August 2019) [pdf, 158 KB]

   ...1 Complaints Assessment Committee 20002 v Lloyd [2012] NZREADT 77. [2019] NZREADT 33 - Wright - Ruling [18] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116 of the Act, which sets out the right of appeal to the High Court. The procedure to be followed is set out in part 20 of the High Court Rules. __________________ Hon P J Andrews Chairperson ___________________ Mr G Denley Member __...

9. [2020] NZEnvC 023 Nga Kaitiaki o Te Awa a Ngaruroro [pdf, 178 KB]

   ...Section 281 of the Act [5] Under s 281(1) of the Act a person may apply to the Court to: (a) Waive a requirement of this Act or another Act or a regulation about­ (i) The time within which anything shall be served; or (ii) The time within which an appeal or submission to the Environment Court must be lodged; or (2) The [Environment Court] shall not grant an application under this section unless it is satisfied that none of the parties to the proceedings will be unduly prejudiced. (3)...

10. [2022] NZEmpC 35 Courage v Attorney-General [pdf, 225 KB]

    ...135, [2017] 1 NZLR 310 at [2] in relation to the principle generally; and, in relation to access to Court documents, see the discussion in Commissioner of Police v Doyle [2017] NZHC 3049; and Berry v Crimson Consulting Ltd [2017] NZHC 3026 upheld on appeal in Berry v Crimson Consulting Ltd [2018] NZCA 460. departed from in certain circumstances, when it is in the interests of justice to do so. [7] Rule 12 of the Rules specifies a range of matters that must be considered when d...