Search Results

1. [2021] NZEnvC 192 Northport Limited v Whangarei District Council [pdf, 1.5 MB]

   Northport Limited v Whangarei District Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2021] NZEnvC 192 IN THE MATTER OF the Resource Management Act 1991 AND an appeal pursuant to clause 14 of the First Schedule of the Resource Management Act 1991 AND in relation to Proposed Plan Change 144 to the Whangarei District Plan BETWEEN NORTHPORT LIMITED (ENV-2021-AKL-109) Appe...

2. LCRO 73/2025 PQ v KR (26 August 2025) [pdf, 223 KB]

   ...significant chance of success; and 3 (c) Mr KR had advised him that he had good prospect of advancing a successful challenge to the terms of a disputed settlement agreement when that was not the case; and (d) Mr KR had advised him to defend (and appeal) proceedings brought by Company ABC in the High Court, advice that was neither competent nor reasonable; and (e) fees charged in respect to the Company ABC matter were excessive; and (f) special circumstances existed which merite...

3. [2007] NZEmpC CC 17/07 Inner City Interagency Trust v Howard [pdf, 27 KB]

   ...criteria set out by Chief Judge Goddard in NZPPTA v A-G (on behalf of Ministry of Education) (No 3) [1991] 3 ERNZ 708. It has presented its submissions under those criteria which were taken from McGechan on Procedure in relation to the Court of Appeal Rules, and are as follows: (i) If no stay is granted will the applicant’s right of appeal be rendered nugatory? (ii) Will the successful party be injuriously affected by a stay? (iii) The bona fides of the applicant as to pro...

4. [2011] NZEmpC 77 Mercer v Maori TV Services [pdf, 70 KB]

   ...receive an award of the full losses he claimed. She submitted that the plaintiff had shortened the potential duration of the hearing by not pursuing his claim for reinstatement. She also submitted, in reliance on the decision of the Court of Appeal 4 [2010] NZEmpC 24 at [30]. 5 [2004] 1 ERNZ 172 (CA). in White v Auckland District Health Board, 6 that although the plaintiff’s conduct had been held to have contributed to h...

5. Wilson and Anor v CAC20008 & Ors [2015] NZREADT 28 [pdf, 126 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2015] NZREADT 28 READT 044/14 IN THE MATTER OF an appeal under s.111 of the Real Estate Agents Act 2008 BETWEEN WARREN WILSON First appellant AND ROBERT WYNN-PARKE Second appellant AND REAL ESTATE AGENTS AUTHORITY (CAC 20008) First respondent AND DANIEL HEWES and TERENCE GOODFELLOW Second respondent HEARD ON THE PAPERS MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Ms...

6. CAC 10003 v Kumandan - Penalty Decision [2012] NZREADT 32 [pdf, 91 KB]

   ...Introduction [1] On the 5th day of April 2012 the Tribunal found Mr Kumandan guilty of misconduct. Submissions on penalty were received from the Complaints Assessment Committee and Mr Kumandan declined to make submissions on the basis that he had appealed the Tribunal’s substantive decision. [2] On 17 May 2012 the Tribunal advised Mr Kumandan that it considered that a Penalty Decision was needed to complete the case and asked for his submissions on penalty. [3] Mr Kumandan has now...

7. 2017 NZSSAA 024 (6 June 2017) [pdf, 107 KB]

   [2017] NZSSAA 024 Reference No. SSA 156/16 IN THE MATTER of the Social Security Act 1964 AND IN THE MATTER of an appeal by XXXX of Dunedin against a decision of a Benefits Review Committee BEFORE THE SOCIAL SECURITY APPEAL AUTHORITY S Pezaro - Deputy Chair K Williams - Member C Joe - Member Hearing at AUCKLAND on 15 February 2017 Appearances The appellant by audio visual link from Dunedin. G Moore and J Greaves for the Ministry of Social D...

8. [2018] NZEnvC 034 Hood v Dunedin City Council [pdf, 1.7 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND AND Decision No. [2018] NZEnvC 34 of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act KAND S HOOD (ENV-2017 -CHC-3) Appellants DUNEDIN CITY COUNCIL Respondent SAND L GREER Applicants Court: Environment Judge J J M Hassan Hearing: In Chambers at Christchurch Date of Decision: 22 March 2018 Date of Issue: 22 March 2018 COSTS DECISION A:...

9. [2018] NZEnvC 234 Spark New Zealand Trading Limited [pdf, 252 KB]

   ...this Court, we concluded that the property arrangements in question before the Court constituted a subdivision within the meaning of s 218 of the Act. The Court, at the request of both parties, reserved the question of costs pending the outcome of appeals from that decision. [2] The declaration of the Environment Court was overturned in the High Court, and that view was supported on appeal to the Court of Appeal. [3] In the decision in the High Court, Palmer J, at paragraph [63], no...

10. E Ltd v M Ltd [2020] NZDT 1658 (11 November 2020) [pdf, 161 KB]

    ...seedlings for commercial purposes, and M Ltd only supplies avocado seedlings to commercial buyers, but avocado seedlings in themselves are goods that can be acquired for domestic or commercial use. 16. In Nesbit v Porter [2000] 2 NZLR 465, Court of Appeal was required to consider how to interpret the words “ordinarily acquired” in the context of goods that can be acquired for dual (commercial or domestic) purposes. In Nesbit the goods in question were a Nissan ute. The Court held...