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1. [2021] NZEnvC 049 Kristin School Charitable Trust v Auckland Council [pdf, 333 KB]

   ...waiver, relevant factors include the length of the delay, the reasons for the delay, the scheme of the Act relating to public participation, what has occurred in the proceeding and what effect introducing new parties might have on progressing the appeal to resolution. [13] Kristin School and Auckland Council have consented to the applications for waiver. While that is not determinative, it is a relevant factor in terms of s 281(3)(a). [14] No party has claimed that they will be undu...

2. Acoustic – Supplementary (dated 13 June 2017) [pdf, 241 KB]

   1 BEFORE THE ENVIRONMENT COURT CHRISTCHURCH REGISTRY ENV-2016-CHC-47 IN THE MATTER of an appeal under Section 120 Resource Management Act 1991 BETWEEN BLUESKIN ENERGY LIMITED Appellant AND DUNEDIN CITY COUNCIL Respondent ACOUSTICS – SUPPLEMENTARY JOINT WITNESS STATEMENT 13 June 2017 2 Introduction 1. Malcolm Hunt (engaged by Dunedin City Council) and Stephen Chiles (engaged by Blue...

3. Kumeroa - Raetihi 2B 2C 2C 2A1 (2003) 128 Aotea MB 1 (128 AOT 1) [pdf, 284 KB]

   ...Orornahoe 1781 & 2 (2003) 6 APWH 84 - 88 where an application for a change of status from Maori freehold to General land had been granted by the lower court. The Maori Appellate Court held that as s 136(d) of the Act had not been satisfied the appeal would be allowed and the lower court order changing the status from Maori freehold to Generai land be reversed. Summary Having carefully considered the evidence and submissions of the Applicant, the Court is not satisfied that s136(d)...

4. Auckland Standards Committee v Cropper [2017] NZLCDT 6 [pdf, 76 KB]

   ...1 National Standards Committee v Keith Jefferies [2016] NZLCDT 29. 5 [19] The decision which most closely bears on the present one is that of Jefferies (six months suspension) and we note that this decision is currently under appeal. We accept the submission that the offending in that matter was slightly more serious and that certainly the aggravating features present in that case distinguish it from this, as do the comprehensive and determined steps taken by this...

5. Williams - Matapouri 45 (2019) 199 Taitokerau MB 286 (199 TTK 286) [pdf, 257 KB]

   ...members, however the sales have fallen through. She acknowledges that she has children who are 4 Matthews v Matthews – Estate of Graham Ngahina Matthews [2015] Māori Appellate Court MB 512 (2015 APPEAL 512). 5 Ibid, at [49]. 6 Ibid, at [55]. 7 Phillips v Ashby – Oromahoe 17B2 (2006) 6 Taitokerau Appellate MB 271 (6 APWH 271) at [16]. 199 Taitokeau MB 289 minors who will lose their connection to the land, however, th...

6. [2018] NZEmpC 107 TKR Properties Ltd t/a Top Pub & Route 26 Bar and Grill v MacDonald [pdf, 231 KB]

   ...<www.employmentcourt.govt.nz/legislation-and- rules>. proceeding against a defendant must pay costs to the defendant of and incidental to the proceeding up to and including the discontinuance. [16] While there remains a discretion under the Rule, the Court of Appeal has recognised it must be exercised only where it is just and equitable, with the onus on the discontinuing plaintiff to persuade the Court to exercise that discretion. The presumption that costs are to...

7. [2019] NZEmpC 169 Rauland NZ Ltd v Delvo [pdf, 123 KB]

   ...indication of the conclusion which might be reached in other cases… the discretion is more likely than not to be exercised in favour of a direction that the Authority investigate the matter. [12] Again, the issue of whether or not there will be an appeal is purely speculative. It imples that the parties regard the Authority as simply going through the motions when that is not the case. The submission denigrates the Authority, its Members and the valuable investigative process w...

8. [2022] NZEmpC 71 GF v Comptroller of the New Zealand Customs Service [pdf, 191 KB]

   ...submits that hybrid claims raise a number of complexities, the law is not clear cut and Robinson was dealt with on the papers and has been distinguished in subsequent cases.6 Reference is also made to the approach adopted by the English Court of Appeal in Ord v Upton,7 where Aldous LJ expressed concerns about whether a cause of action could be split and whether it would be acceptable to require compulsory joinder, which could lead to difficulties when a claim for loss of earnings w...

9. [2022] NZEmpC 154 Pilgrim v Attorney-General [pdf, 180 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. 4 Senior Courts (Access to Court Documents) Rules 2017, r 13. 5 Courts of New Zealand “Note taking in court” <courtsofnz.govt.nz>. Leave is required to take notes on an...

10. [2022] NZEnvC 012 Ngati Paoa Trust Board v Kennedy Point Boatharbour Limited [pdf, 92 KB]

    ...and the Trust Board's status as a "not for profit" charitable entity. [16] I acknowledge that such factors may be relevant to some extent in a costs claim, however they cannot offer a complete shield. As previously held, bringing an appeal in the public interest does not exempt a party from a costs award, and a party's status as a "community group" does not absolve it from liability for costs.8 I do not accept these factors in this case. Costs on the de...