Search Results

1. [2019] NZEmpC 122 Bay of Plenty District Health Board v CultureSafe NZ Ltd [pdf, 407 KB]

   ...question in such a case is what the interests of justice require. It explained the correct approach where there is short inadvertent delay: [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. [2018] NZSSAA 30 (15 June 2018) [pdf, 134 KB]

   [2018] NZSSAA 30 Reference No. SSAA 155/16 IN THE MATTER of the Social Security Act 1964 AND IN THE MATTER of an appeal by XXXX of XXXX against a decision of a Benefits Review Committee BEFORE THE SOCIAL SECURITY APPEAL AUTHORITY S Pezaro - Deputy Chair C Joe - Member Hearing at Auckland on 16 May 2018 Appearances The appellant in person P Siueva as agent for Chief Executive of the Ministry of Social Development DECISION Background [1]...

3. TH v BG Ltd [2019] NZDT 1515 (12 August 2019) [pdf, 202 KB]

   ...within 28 days of the decision having been made. If you are outside of time, 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. Ground for Appeal There is only one ground for appealing a decision of the Tribunal. This is that 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 proceed...

4. DC v T Ltd [2018] NZDT 1401 (7 May 2018) [pdf, 208 KB]

   ...within 28 days of the decision having been made. If you are outside of time, 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. Ground for Appeal There is only one ground for appealing a decision of the Tribunal. This is that 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 proceed...

5. [2023] NZEnvC 010 The Royal Forest and Bird Protection Society of New Zealand Incorporated v Marlborough District Council [pdf, 8.6 MB]

   ...PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV-2020-CHC-64) and all other appellants concerning the proposed Marlborough Environmental Plan who are a party to the King Shag and Important Bird Area sections of the Indigenous Biodiversity Appeals. Appellants IvlARLBOROUGH DISTRICT COUNCIL Respondent Environment Judge J J M Hassan - sitting alone under s279 of the Act In Chambers at Christchurch Date of Consent Order: 30 January 2023 CONSENT ORDER ST & BIRD &...

6. [2022] NZACC 185 — Razek v ACC (27 September 2022) [pdf, 186 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2022] NZACC 185 ACR 260/21 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN OSAMA RAZEK Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 31 August 2022 Heard at: Wellington Appearances: Mr L Hansen for the appellant Mr B Marten for the respondent Judgment: 27 Septembe...

7. N Ltd v ZM & DX [2024] NZDT 444 (23 April 2024) [pdf, 208 KB]

   ...Tribunal decisions are not precedent setting in any event, they also do not appear to have contemplated whether or not the relevant clauses are enforceable or have the effect of penalty clauses. Further, the District Court decision presented is an appeal judgement relating to one of the Tribunal decisions referred to, not a substantive decision on the merits of a case. As noted by Judge Clark “there can be no appeal on the merits of the case” and so the appeal judgement does not and...

8. New Zealand Association of Radio Transmitters Incorporated 243 [pdf, 260 KB]

   ...COURT AT AUCKLAND ENV-2016-AKL-000243 IN THE MATTER AND IN THE MATTER BETWEEN AND of the Local Government (Auckland Transitional Provisions) Act 2010 ("LGATPA") and the Resource Management Act 1991 ("RMA") of an appeal under section 156 of the LGATPA against a decision of the Auckland Council on a recommendation of the Auckland Unitary Plan Independent Hearings Panel ("Hearings Panel") on the proposed Auckland Combined Plan ("Unitary Pla...

9. Lighter Quay 185 [pdf, 106 KB]

   IN THE ENVIRONMENT COURT AT AUCKLAND ENV- 2016 - AKL - 000185 IN THE MATTER of the Local Government (Auckland Transitional Provisions) Act 2010 and the Resource Management Act 1991 AND IN THE MATTER of an appeal under section 156( 1) of the Local Government (Auckland Transitional Provisions) Act 2010 BETWEEN VIADUCT HARBOUR HOLDINGS LIMITED AND Ph: Fax: Email: Solicitor: Appellant AUCKLAND COUNCIL Respondent SECTION 274 NOTICE TO BE PARTY TO PROCEEDINGS Dated 5 Oc...

10. [2018] NZEnvC 188 Permanent Forest v Gisborne District Council [pdf, 457 KB]

    ...to the parties for consideration. [3] Both PFL and the Council have informed the court that the proposal is acceptable.2 Statutory provisions [4] The relevant provisions are in s325(3A) and (3C) - (3G) and are as follows: (3A) Any person who appeals under subsection (1) may also apply to an Environment Judge for a stay of the abatement notice pending the Environment Court's decision on the appeal. (3C) Where a person applies for a stay under subsection (3A), an Environment...