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1. [2017] NZEnvC 113 White v Auckland Council [pdf, 199 KB]

   BEFORE THE ENVIRONMENT COURT IN THE MATTER AND BETWEEN AND Decision No. [2017] NZEnvC ".~ of the Resource Management Act 1991 of . an appeal and application for stay pursuant to s 325 of the Act CR WHITE AS TRUSTEE FOR THE AWHITU TRUST (ENV-2017-AKL-98) Appellant AUCKLAND COUNCIL Respondent Court: Environment Judge JA Smith sitting alone pursuant to ss 325 and 279 of the Act Submissions: CR White for herself and the Trust V Tamatea for Auckland Council D t...

2. LCRO 162/2019 SD, JK and DZ v RE (5 May 2020) [pdf, 92 KB]

   ...they did not pay his fees, Mr RE, through his instructing solicitor, commenced fee recovery proceedings against the applicants (the fee recovery proceeding). Mr RE appeared as counsel a number of times in the fee recovery proceeding and related appeals that followed. The applicants kept count. 2 The complaint [3] The applicants say in their complaint dated 21 August 2018 to the New Zealand Law Society (NZLS) that Mr RE appeared three times as counsel in a proceeding in w...

3. [2021] NZACC 157 – Sohail v ACC (7 October 2021) [pdf, 124 KB]

   IN THE DISTRICT COURT AT WELLINGTON [2021] NZACC 157 ACR 17/16 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPLICATION FOR LEAVE TO APPEAL TO THE HIGH COURT ON A QUESTION OF LAW PURSUANT TO SECTION 162 BETWEEN MOHAMMAD SOHAIL Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: On the papers Judgment: 7 October 2021 ____________________________________________________________________ DECISION OF JUDGE G...

4. [2024] NZEnvC 163 Merveber Limited v Auckland Council [pdf, 277 KB]

   Merveber Limited v Auckland Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TAMAKI MAKAURAU Decision [2024] NZEnvC 163 IN THE MATTER OF an appeal under s 120 of the Resource Management Act 1991 AND IN THE MATTER OF an application for costs under s 285 of the Act BETWEEN MERVEBER LIMITED (ENV-2023-AKL-000013) Appellant/Applicant (Respondent as to costs) AND AUCKLAND COUNCIL Respondent (Applicant as to costs) Court: Judge J A Smith (sitting...

5. QE & TE v G Ltd [2024] NZDT 878 (29 August 2024) [pdf, 200 KB]

   ...rule, which says that if a party releases the first tortfeasor from liability that will also discharge the liability of any other tortfeasor. A “release” includes reaching a settlement with the first tortfeasor.1 10. Cooke P in the Court of Appeal decision of Brooks v New Zealand Guardian Trust Co Ltd2 discussed at length whether the release rule continued in New Zealand law or whether section 17 of the Law Reform Act 1936 had also removed or altered this rule.3 Having reviewed the...

6. [2014] NZEmpC 217 Brake v Grace Team Accounting Ltd [pdf, 13 KB]

   ...of this Court dated 4 September 2013, 1 the defendant was granted a stay of execution of earlier judgments of this Court dated 13 May 2013, 2 and 4 June 2013. 3 The stay was granted on the basis that the defendant had applied to the Court of Appeal for leave to appeal the decisions of the Court. Such leave was subsequently granted. The appeal has now been heard by the Court of Appeal and the appeal was dismissed. [2] In addition to an order staying execution of the judgments o...

7. [2022] NZEmpC 228 Hairland Holdings Ltd v The Chief Executive of the Ministry of Business, Innovation and Employment [pdf, 160 KB]

   ...issued in an application by the Chief Executive and a Labour Inspector of the Ministry of Business, Innovation and Employment (MBIE), seeking to strike out these proceedings.1 The application was unsuccessful. [2] An application for leave to appeal to the Court of Appeal has now been filed. In support of that application, the Chief Executive of MBIE has sought a stay of proceedings, seeking to preserve the status quo of the parties until such time as the appeal is determined....

8. [2018] NZEnvC 214 King v Heritage New Zealand Pouhere Taonga [pdf, 13 MB]

   ...KOOTI TAIAO 0 AOTEAROA Court: Hearing: Appearances: Date of Decision: Date of Issue: IN THE MATTER AND BETWEEN AND AND AND Decision No. [2018] NZEnvC '2. ~ it- of the Heritage New Zealand Pouhere Taonga Act 2014 of an appeal pursuant to s 58 of the Act BETTY KING, PANIA NEWTON, NGA KAITIAKI 0 IHUMATAO CHARITABLE TRUST and SOUL IHUMATAO (ENV-2017 -AKL-000160) Appellants HERITAGE NEW ZEALAND POUHERE TAONGA Respondent FLETCHER RESIDENTIAL LIMITED Ap...

9. Wedgwood v Accident Compensation Corporation (Social rehabilitation) [2024] NZACC 205 [pdf, 356 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2024] NZACC 205 ACAR 028/21 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN ASTON WEDGWOOD Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 29 May 2024 Heard at: Christchurch / Ōtautahi Appearances: No appearance by appellant Mr C Light for respondent Mr M Bell, counsel appointed to assist...

10. Prosser & Quintrell v CAC 20008 & Ward & Dear [2013] NZREADT 54 [pdf, 26 KB]

    BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2013] NZREADT 54 READT 047/12 IN THE MATTER OF an appeal under s.111 of the Real Estate Agents Act 2008 BETWEEN RICHARD PROSSER AND SALLY QUINTRELL Appellants AND THE REAL ESTATE AGENTS AUTHORITY (CAC 20008) First respondent AND JOSEPH WARD Second respondent AND MARTIN DEAR Third respondent MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Mr G Denley - Member Mr J Gaukr...