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1. 6 December 2017 BOPRC Natural Heritage Iwi Resource Management [pdf, 137 KB]

   ...916 9090 EC4180_NoticeOfHearing 1. Topic: Topic Number: SCHEDULE OF PROCEEDINGS Proposed BOP Regional Coastal Environment Plan - Natural Heritage ENV-2015-348-000036 i. Transpower New Zealand Limited v Bay of Plenty Regional Council Appeal By Submitter On Proposed Policy Statement Or Plan pursuant to Clause 14 of the First Schedule of the Resource ManaQement Act 1991 Court Reference: ENV-201S-AKL-000128 ii. Royal Forest and Bird Protection Society of New Zealand Incorpora...

2. [2018] NZENvC 184 Timbergrow Limited v Gisborne District Council [pdf, 508 KB]

   ...OF REASONS 2 Introduction [1] Gisborne District Council ('Council') issued abatement notices against the following parties ('applicants') each of whom has appealed the notices and seek stays pending determination of the appeals: (a) Ernslaw One Limited, in respect of Abatement Notices 2018/A007, 2018/A008 and 2018/A009; and (b) Timbergrow Limited, in respect of Abatement Notice 2018/A010. [2] During a telephone hearing on 27 September 2018, having heard c...

3. Matamata-Piako District Council.pdf [pdf, 104 KB]

   BEFORE THE ENVIRONMENT COURT AT AUCKLAND I MUA I TE KOOTI TAIAO O AOTEAROA IN THE MATTER of the Resource Management Act 1991 AND IN THE MATTER of an appeal pursuant to Clause 14 of the First Schedule of the Resource Management Act 1991 against the decision of the Waikato Regional Council on Proposed Plan Change 1 to the Waikato Regional Plan BETWEEN DIRECTOR-GENERAL OF CONSERVATION Appellant (ENV-2020...

4. [2018] NZSSAA 23 (14 May 2018) [pdf, 203 KB]

   [2018] NZSSAA 23 Reference No. SSAA 001/17 SSAA 002/17 IN THE MATTER of the Social Security Act 1964 AND IN THE MATTER of an appeal by XXXX and XXXX of XXXX against a decision of a Benefits Review Committee BEFORE THE SOCIAL SECURITY APPEAL AUTHORITY Mr G Pearson - Chairperson Mr K Williams - Member Hearing at INVERCARGILL on 3 & 4 October 2017 Appearances The Appellant in person For Chief Executive of the Ministry of Social Development: M...

5. [2021] NZEmpC 86 Humphreys v Humphreys [pdf, 171 KB]

   ...INGLIS (Application for adjournment of a hearing) [1] These proceedings are set down for hearing in Auckland next week. On 14 June 2021 the second defendant filed an application for an adjournment on the basis that an application for leave to appeal would be filed against this Court’s recent judgment in Fleming.1 An adjournment was said to be in the interests of justice because there is a material overlap in the issues in both proceedings. It was submitted that: -...

6. QK v GB Ltd [2022] NZDT 26 (8 March 2022) [pdf, 177 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 p...

7. [2022] NZEnvC 068 University of Otago v Dunedin City Council [pdf, 639 KB]

   ...affidavit of Peter Benjamin Rawson, affirmed 21 April 2022. [3] The court will only make orders if it is satisfied it is appropriate to do so and where there is no relationship between the provisions proposed to be amended by consent order and other appeals before the court. [4] Mr Rawson has satisfied me that the amendments sought are appropriate and consistent with achieving the relevant objectives of the 2GP. Mr Rawson says that follo~ving these amendments the 2GP "\vill c...

8. [2024] NZEmpC 14 Pretorius v Board of Trustees of Taupo Intermediate School [pdf, 193 KB]

   ...has been filed, but I note that in the security for costs application I found that it was probable that the plaintiff would not be able to comply with any significant adverse costs award.3 The plaintiff has also filed an application for leave to appeal the interlocutory judgment that underlies this application for costs. [4] The Court has a discretion as to costs.4 As the defendant was successful in relation to the interlocutory issues, it is entitled to costs. The plaintiff raise...

9. Brown v Accident Compensation Corporation (Costs on Appeal) [2024] NZACC 085 [pdf, 146 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2023] NZACC 085 ACR 110/21 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN PAUL BROWN Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: On the papers Submissions: K Koloni for the Appellant F Becroft for the Accident Compensation Corporation (“the Corporation”) Judgment...

10. N Ltd v TT [2023] NZDT 224 (16 May 2023) [pdf, 91 KB]

    ...finally determined against him or her in the original proceeding. 4. It is well established in New Zealand law that parties cannot re-litigate questions that have already been judicially determined. Authority for this can be found in the Court of Appeal decision of Shiels v Blakeley [1986] 2 NZLR 262 (at 266) where the Court stated: Where a final decision has been pronounced by a New Zealand judicial tribunal of jurisdiction over the parties to, and the subject-matter of the litig...