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1. ENV-2018-AKL-000150 Brookby Quarries Limited v Auckland Council [pdf, 8.3 MB]

   NOTICE OF APPEAL 26 JULY 2018 Counsel instructed: Solicitors acting: Russell Bartlett QC / Bal Matheson D J Minhinnick / L J Eaton C/- Richmond Chambers P +64 9 367 8000 33 Shortland Street F +64 9 367 8163 PO Box 1008 PO Box 8 Auckland 1140 DX CX10085 Auckland BEFORE THE ENVIRONMENT COURT ENV–2018 –AKL - AT AUCKLAND I MUA I TE KOOTI TAIAO I TĀMAKI MAKAURAU ROHE UNDER the Local Government Act (Auckland Transitional Provisions) Act 2010 (&...

2. [2022] NZEnvC 010 Northport Limited v Whangarei District Council [pdf, 1.3 MB]

   Northport Limited v Whangarei District Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2022] NZEnvC 010 IN THE MATTER OF an appeal pursuant to clause 14 of the First Schedule of the Resource Management Act 1991 BETWEEN NORTHPORT LIMITED (ENV-2020-AKL-109) Appellant AND WHANGĀREI DISTRICT COUNCIL Respondent Court: Judge J A Smith Commissioner S K Prime Hearing: On the papers in chambers in Auckland Last...

3. LCRO 175/2022 OP v VN (10 October 2023) [pdf, 315 KB]

   ...applied for review of the findings and orders against him. Background [3] Mr VN is a barrister sole. 2 [4] In 2017, Mr OP instructed Mr VN to represent him on bankruptcy-related criminal charges, to do some preliminary work on a possible appeal against convictions entered against him in 2013 for managing businesses while being an undischarged bankrupt for which he had been sentenced to 15 months imprisonment and, expressing the matter broadly, to endeavour to renegotiate his bank...

4. Appellate judgments 2021

   Supreme Court [2021] NZSC 188 H (SC 135-2021) v The Employment Relations Authority APPLICATION FOR LEAVE TO APPEAL - no error of law - no public interest in Court of Appeal's decision - application dismissed. [2021] NZSC 184 Gill Pizza v A Labour Inspector (Ministry of Business, Innovation and Employment   JURISDICTION OF AUTHORITY -  NATURE OF EMPLOYMENT - whether Authority has jurisdiction to decide employment status in Labour Inspector claim - text of the Act only supports one inter...

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5. [2011] NZEmpC 48 Clear v Waikato DHB [pdf, 201 KB]

   ...Judge Shaw upheld the plaintiff‟s claim of unjustifiable dismissal and disadvantage. 1 AA 33/07, 13 February 2007. 2 [2008] ERNZ 646. [2] The defendant (the Board) then sought leave to appeal Judge Shaw‟s decision on liability. The Court of Appeal granted leave 3 and in its substantive judgment 4 it dismissed the appeal but made some important observations in relation to the nature and extent of the defendant‟s liabi...

6. [2018] NZEnvC 009 Invercargill Airport Ltd v Invercargill City Council [pdf, 6.6 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI T AIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [20181 NZEnvC 9 of the Resource Management Act 1991 of an appeal pursuant to clause 14 of the First Schedule of the Act INVERCARGILL AIRPORT LIMITED (ENV-2016-CHC-95) Appellant INVERCARGILL CITY COUNCIL Respondent Court : Environment Judge J J M Hassan Hearing: In Chambers at Christchurch Date of Decision: 8 February 2018 Date of Issue: 8 February 2018...

7. LCRO 96/2017 AA v BB (29 November 2019) [pdf, 203 KB]

   ...agreement which the OA claimed was a repudiatory breach, and seeking declarations equivalent to specific performance of the agreement. 2 [12] For reasons which I summarise in my analysis, the High Court declined the remedies sought by the OA, but on appeal by the OA, the Court of Appeal unanimously 1 Pursuant to Court orders. 2 The Official Assignee v [VOI] Ltd [2015] NZHC 1416 [High Court judgment] at [7]. 3 reversed the High Co...

8. [2018] NZEnvC 239 Mawhinney v Auckland Council [pdf, 851 KB]

   ( ( BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA Court: Hearing: Appearances: IN THE MATTER AND BETWEEN AND Decision No. [2018] NZEnvC 239 of the Resource Management Act 1991 an appeal pursuant to section 358 of the Act and of applications for declarations pursuant to section 311 PETER WILLIAM MAWHINNEY (AS A TRUSTEE OF WAITAKERE FOREST LAND TRUST AND THE FOREST TRUST) (ENV-2015-AKL-088) (ENV-2018-AKL-145) Applicants AUCKLAND COUNCIL R...

9. Ngāti Pāoa Trust Board v Ngāti Pāoa Iwi Trust - Ngāti Pāoa [2020] Maori Appellate Court MB 318 (2020 APPEAL 318) [pdf, 323 KB]

   2020 Māori Appellate Court MB 318 I TE KOOTI PĪRA MĀORI O AOTEAROA I TE ROHE O WAIKATO MANIAPOTO In the Māori Appellate Court of New Zealand Waikato Maniapoto District A20180009431 APPEAL 2018/24 WĀHANGA Under Section 58 Te Ture Whenua Māori Act 1993 MŌ TE TAKE In the matter of Ngāti Pāoa – an appeal of an application for review of a determination made pursuant to s 30(1)(b), Te Ture whenua Māori Act 1993 at 173 Waikato Maniapoto MB...

10. Pio v Accident Compensation Corporation (Weekly Compensation) [2023] NZACC 142 [pdf, 303 KB]

    IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2023] NZACC 142 ACR 215/22 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN DANIEL PIO Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 15 March 2023 Heard at: Wellington Appearances: D Pio, appellant in person B Marten and T Lynskey for respondent Judgment: 6 September 2023 __________...