Search Results

1. [2019] NZEmpC 13 Rayner v Director-General of Health [pdf, 281 KB]

   ...which needs to be taken as to the merits of the claims of the party seeking exercise of the discretion to extend time, in these paragraphs: [36] The first point we make is that in most civil cases in New Zealand there is a right to a first appeal. The Court of Appeal (Civil) Rules do not confer an explicit power on the Court of Appeal to strike out timely appeals summarily on their merits (although they do contemplate appeals being struck for non-payment of security for costs...

2. [2020] NZEnvC 148 Donaldson v Queenstown Lakes District Council [pdf, 1.6 MB]

   BEFORE THE ENVIRONMENT COURT AT CHRISTCHURCH I MUA I TE KOTI TAIAO O AOTEAROA Kl OTAUTAHI IN THE MATTER AND BETWEEN AND Decision No. [2020] NZEnvC 148 of the Resource Management Act 1991 of appeals pursuant to clause 14 of Schedule 1 of the Act R L DONALDSON (ENV-2019-CHC-24) TROJAN HELMET LIMITED (ENV-2019-CHC-37) BOXER HILL TRUST (ENV-2019-CHC-38) X-RAY TRUST LIMITED & AVENUE TRUST (ENV-2019-CHC-51) S WILLIAMSON (ENV-2019-CHC-84) M & J TAYLOR...

3. [2021] NZEnvC 150 Waterfall Park Developments Limited v Queenstown Lakes District Council [pdf, 164 KB]

   WPDL v QLDC – WAIVER DECISION – SEPTEMBER 2021 IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2021] NZEnvC 150 IN THE MATTER of the Resource Management Act 1991 AND an appeal under clause 14 of the First Schedule of the Act BETWEEN WATERFALL PARK DEVELOPMENTS LIMITED (ENV-2019-CHC-90) Appellant AND QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Environment Judge J J M Hassan, sitting alone Hearing: By ju...

4. [2024] NZEmpC 31 Halse v Employment Relations Authority [pdf, 206 KB]

   ...applied for Mr Halse’s judicial review proceedings to be struck out.3 The application was heard in April 2022. [5] Mr Halse applied to stay the strike-out proceedings pending filing what he considered to be related proceedings in the Court of Appeal. That stay application was scheduled to be heard on 10 February 2023. 1 Halse v Employment Relations Authority [2023] NZEmpC 96, [2023] ERNZ 397 at [2]–[4]. 2 At [8]. 3 At [9]. [6] Mr Halse then applied to adjou...

5. Toroa - Te Kuri X53 and other blocks [2012] Māori Appellate Court MB 157 (2012 APPEAL 157) [pdf, 242 KB]

   TOROA MAC 2012 Māori Appellate Court MB 157 IN THE MĀORI APPELLATE COURT OF NEW ZEALAND TAIRAWHITI DISTRICT 2012 Māori Appellate Court MB 157 (2012 APPEAL 157) A20110009345 UNDER Section 58, Te Ture Whenua Māori Act 1993 IN THE MATTER OF Te Kuri X53 and other blocks BETWEEN TED HAWEA TOROA Appellant Hearing: 14 February 2012 (Heard at Gisborne) Court: Deputy Chief Judge W W Isaac Judge P J Savage Judge C T Coxhead Counsel: Mr...

6. TC & AK v BH & TH [2021] NZDT 1306 (25 March 2021) [pdf, 250 KB]

   ...having been made. If you are applying outside of the 20 working day timeframe, you must also fill out an Application for Rehearing Out of Time. PLEASE NOTE: A rehearing will not be granted just because you disagree with the decision. Grounds for Appeal There are very limited grounds for appealing a decision of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the...

7. [2017] NZEnvC 082 PowerCo Limited v Thames-Coromandel District Council [pdf, 933 KB]

   BEFORE THE ENVIRONMENT COURT IN THE MATTER AND BETWEEN AND Decision No. [2017] NZEnvC c... '(')2 of the Resource Management Act 1991 of an appeal under Clause 14 of the First Schedule to the Act POWERCO LIMITED (ENV-2016-AKL-000123) Appellant THAMES-COROMANDEL DISTRICT COUNCIL Respondent Environment Judge D A Kirkpatrick sitting alone under s 279 of the Act Date of Decision: 1 if ,J tl N 2017 Date of Issue: DETERMINATION A: The appeal is allowed su...

8. [2017] NZEnvC 082 PowerCo Limited v Thames Coromandel District Council [pdf, 933 KB]

   BEFORE THE ENVIRONMENT COURT IN THE MATTER AND BETWEEN AND Decision No. [2017] NZEnvC c... '(')2 of the Resource Management Act 1991 of an appeal under Clause 14 of the First Schedule to the Act POWERCO LIMITED (ENV-2016-AKL-000123) Appellant THAMES-COROMANDEL DISTRICT COUNCIL Respondent Environment Judge D A Kirkpatrick sitting alone under s 279 of the Act Date of Decision: 1 if ,J tl N 2017 Date of Issue: DETERMINATION A: The appeal is allowed su...

9. Hearn v Parklane Investments Limited [pdf, 39 KB]

   .............................. 7 Costs Determinations .............................................................................................. 8 Stay of Execution..................................................................................................... 8 Appeal Periods ........................................................................................................... 9 Discussion .........................................................................................

10. [2019] NZEnvC 143 Granger v Dunedin City Council [pdf, 2.3 MB]

    ...DECISION ON APPLICATION FOR RECALL/REHEARING A: The application to recall Final Decision [2019] NZEnvC 82 is granted. Introduction 2 REASONS [1] On 3 May 2019 the Environment Court issued its Final Decision ([2019] NZEnvC 82) allowing an appeal against a grant of subdivision and land use consent to Peninsula Holdings Trust. The decision to allow the appeal was made as the court was unable to satisfy itself pursuant to s 104D of the Act, that the adverse effects of the activity...