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1. Water Services Regulator Bill Advice [pdf, 102 KB]

   ...partnership, which arises from the Treaty of Waitangi. The Treaty creates a basis for civil government, on the basis of protections and acknowledgement of Māori rights and interests within New Zealand’s shared citizenry.3 We also note the Court of Appeal’s decision in New Zealand Maori Council v Attorney- General, where the Court said that “[t]he duty of the Crown is not merely passive but extends to active protection of Māori people in the use of their lands and waters to the fu...

2. Position profile Environment Commissioners March 2021 [docx, 29 KB]

   ...any number · 9 Environment Commissioners of which there can be any number · 3 Deputy Environment Commissioners (who act in place of Commissioners during periods of absence) and again there can be any number. The Court considers applications and appeals made under the RMA and has wide ranging jurisdiction under the Act. It also has significant jurisdiction under other legislation. A quorum for the Court is one Judge and a Commissioner but the general practice is for a Judge to sit with...

3. Blyde v Eastside Medical Centre (Strike-Out Application) [2020] NZHRRT 12 [pdf, 96 KB]

   ...[7] This consideration must however be balanced against the need to ensure that a statement of claim is sufficiently accurate, clear and intelligible to enable the defendant to be fairly informed of the case to be met (as discussed by the Court of Appeal in Commissioner of Inland Revenue v Chesterfields Preschools Ltd [2013] NZCA 53, [2013] 2 NZLR 679 at [84]). [8] Furthermore, sections 82 and 83 of the Privacy Act 1993 limit proceedings in this Tribunal to matters where there has bee...

4. Position profile: Environment Commissioners [pdf, 107 KB]

   ...• 11 Environment Commissioners of which there can be any number • 3 Deputy Environment Commissioners (who act in place of Commissioners during periods of absence) and again there can be any number. The Court considers applications and appeals made under the RMA and has wide ranging jurisdiction under the Act. It also has significant jurisdiction under other legislation. A quorum for the Court is one Judge and a Commissioner but the general practice is for a Judge to sit w...

5. Proactive Release - Minute of decision for arbitrating commercial leases disputes [pdf, 607 KB]

   ...provide clear guidance on what other measures parties may agree to as a temporary change to support them both through the pressures caused by COVID-19; 3.5 require any disputes under the implied clause to be settled in arbitration; 4 noted that any appeals of an arbitral decision would be allowed under the grounds established in the Arbitration Act 1996; 5 agreed that the government will support parties to access arbitration in a timely and cost- effective manner through a government su...

6. [2021] NZEmpC 190 Best Health Foods Ltd v Berea [pdf, 183 KB]

   ...sch 3 of the Employment Relations Act 2000, the Court has a broad discretion to order any party to pay to any other party such costs and expenses as the Court thinks reasonable. The principles are well established, as set out in several Court of Appeal judgments.4 4 Victoria University of Wellington v Alton-Lee [2001] ERNZ 305 (CA) at [48]; Binnie v Pacific Health Ltd [2002] 1 ERNZ 438 (CA) at [14]; and Health Waikato Ltd v Elmsly [2004] 1 ERNZ 172 (CA) at [17]. [9] Th...

7. [2021] NZEnvC 102 Bay of Islands Maritime Park Incorporated v Northland Regional Council [pdf, 2.9 MB]

   IN THE ENVIRONMENT COURT AT AUCKLAND I TE KOTI TAIAO O AOTEAROA KI TAMAKI MAKAURAU IN THE MATIER OF AND BE1WEEN AND Decision No. [2021] NZEnvC 102 appeals under clause 14(1) of Schedule 1 of the Resource Management Act 1991 an application for confidentiality orders under section 279(3) and 42(2) of the Act BAY OF ISLANDS MARITIME PARK INCORPORATED (ENV-2019-AKL-000117) ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND IN CORPORA TED (ENV-2019-AKL-000127)...

8. Information Sheet Keeping our courts safe during Delta Alert Level 2 [pdf, 104 KB]

   ...convey an application via the registrar to the presiding judge. All applications need to identify why permission is sought and will be determined on a case by case basis. Members of the public wishing to attend a hearing at the Court of Appeal or Supreme Court should contact the relevant registry. Physical distancing Within Courts, Tribunals and secured staff spaces, 1 metre spacing must be maintained. In public spaces within the court buildings and tribunals (where con...

9. [2022] NZEnvC 211 Auckland Council v Teddy and Friends Limited [pdf, 190 KB]

   AUCKLAND COUNCIL v TEDDY AND FRIENDS LIMITED IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2022] NZEnvC 211 IN THE MATTER OF an appeal under s 316 of the Resource Management Act 1991 BETWEEN AUCKLAND COUNCIL (ENV-2021-AKL-159) Appellant AND TEDDY AND FRIENDS LIMITED ANGELA MAREE BEER Respondents Court: Judge J A Smith Hearing: 17 October 2022 via Microsoft Teams Appearances: K Fraser and J Magrath for A...

10. Notice-of-Motion-for-Proceeding.pdf [pdf, 137 KB]

    ...Levin's town centre, and act as an important economic stimulus for the Horowhenua and Kāpiti Coast Districts, and the Wellington and Manawatū- Whanganui Regions. (b) Given the significant public interest in the Project, it is highly likely that appeals to the Environment Court from a first-instance council-level decision would be brought in any event. Direct referral of the Application will achieve time and cost efficiencies while at the same time ensuring all parties are...