Search Results

1. 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...

2. [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...

3. [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)...

4. 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...

5. [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...

6. 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...

7. dcj-eoi-form-2024 [pdf, 230 KB]

   ...capacity: Please indicate, by ticking the boxes, the extent of your experience, both civil and criminal, in the following: Court Civil Criminal Details, including number of appearances Supreme Court ______________________________________ Court of Appeal ______________________________________ Court Civil Criminal Details, including total years’ experience High Court Appellant work ______________________________________ High Court ______________________________________ Distr...

8. Opening-statement.pdf [pdf, 105 KB]

   ...proposals offered in mediation. They agreed to take our proposals back to their head office for consideration and to get back to us as soon as possible. Of course, we had hoped that our proposals would be accepted and we could therefore withdraw our appeal. However, it was only on Wednesday 13 September that one of our submitters received a negative response to our proposal. This therefore required a immediate response to provide our evidence.

9. Twigley v New Zealand Law Society [2023] NZLCDT 41 (21 September 2023) [pdf, 98 KB]

   ...was unsuccessful in his recent application to be restored to the Roll of Barristers and Solicitors. The New Zealand Law Society, which opposed the application, now seeks an order for costs against the applicant. The matter is currently under appeal. [2] The proceeding is a civil one and in such proceedings an order for costs frequently aligns with the outcome. The Tribunal is given a wide discretion under s 249(1) to “…make such order as to the payment of costs and expenses...

10. dcj-eoi-form-2024-Word-version [docx, 25 KB]

    ...overseas jurisdictions) and in what capacity: Please indicate, by ticking the boxes, the extent of your experience, both civil and criminal, in the following: Court Supreme Court Civil Criminal Details, including number of appearances Court of Appeal Court Civil Criminal Details, including total years’ experience High Court Appellant work High Court District Court Total Family Court Youth Court Environment Court Employment Court...