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  1. [2020] NZEmpC 87 Freeborn v Sfizio Ltd [pdf, 241 KB]

    ...which needs to be taken as to the merits of the claims of the party seeking exercise of the discretion to extend time, in these paragraphs: [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. [2024] NZSAAA 2 (20 September 2024) [pdf, 413 KB]

    Decision No. [2024] NZSAAA 2 Reference No. SAA 01/24 IN THE MATTER of the Education and Training Act 2020 and the Student Allowances Regulations 1998 AND IN THE MATTER of an appeal against a decision of the Chief Executive, Ministry of Social Development BEFORE THE STUDENT ALLOWANCE APPEAL AUTHORITY B R Carter HEARING ON THE PAPERS DATE OF DECISION 20 September 2024 ___________________________________________________...

  3. [2017] NZEnvC 212 T Barrett v Thames Coromandel District Council [pdf, 5.8 MB]

    BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA Court: Submissions: Date of Decision : Date of Issue: IN THE MATTER AND BETWEEN AND Decision No. [2017] NZEnvC 2. (':l. of the Resource Management Act 1991 of an appeal pursuant to clause 14 of the First Schedule to the Act TREVOR BARRETT (ENV-2016-AKL-092) Appellant THAMES-COROMANDEL DISTRICT COUNCIL Respondent Environment Judge JA Smith, sitting alone pursuant to s 279 of the Act, on the...

  4. Chambers v Keepa - Te Hinau A Pura Whānau Trust (2016) 350 Aotea MB 74 (350 AOT 74) [pdf, 310 KB]

    ...96-105 (124 AOT 96-105) at 105 350 Aotea MB 76 apparent progress, Ms Chambers made a further application, this time to partially terminate the trust in relation to her interests. [9] Judge Savage dismissed the proceedings. 5 Ms Chambers appealed and the Māori Appellate Court found that this Court had provided inadequate reasons for its decision and ordered a rehearing. 6 The Appellate Court also observed that the operation of the trust had been substandard and no account...

  5. [2023] NZEnvC 109 Health New Zealand v KiwiRail Holdings Limited [pdf, 897 KB]

    Health New Zealand - Te Whatu Ora v KiwiRail Holdings Limited IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2023] NZEnvC 109 IN THE MATTER OF an appeal under section 174 of the Resource Management Act 1991 BETWEEN HEALTH NEW ZEALAND - TE WHATU ORA (ENV-2022-AKL-000120) Appellant AND KIWIRAIL HOLDINGS LIMITED Respondent Court: Chief Environment Court Judge D A Kirkpatrick sitting alone under s 279 of the...

  6. [2024] NZEnvC 103 Turoa v Bay of Plenty Regional Council [pdf, 698 KB]

    Turoa v Bay of Plenty Regional Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2024] NZEnvC 103 IN THE MATTER OF an appeal under section 120 the Resource Management Act 1991 BETWEEN N TUROA on behalf of OWNERS OF TE MOTUARUHE 3B3A, TE MOUTUARUHE 3B1 TRUST, TE WHĀNAU A APANUI, TE WHĀNAU A KAHURATAO, TE WHĀNAU A RANGI-I-RUNGA (ENV-2023-AKL-000070) Appellants AND BAY OF PLENTY REGIONAL COUNCIL Respondent...

  7. Communication Assistance Quality Framework FINAL [pdf, 3.6 MB]

    ...Doing an assessment and preparing an assessment report 24 4.4 Planning and preparation for trial 30 4.5 Communication assistance at trial 32 4.6 Preventing untimely disclosures and managing disclosure of information relating to the case 34 4.7 Appeals 35 Performance monitoring and ongoing quality improvement 37 5.1 Ministry leadership 37 5.2 Monitoring and reporting performance 38 5.3 Complaints management 38 Appendix A: Evidence Act 2006 provisions 39 Appendix B: Qualification and...

  8. [2016] NZEmpC 33 Lewis v JPMorgan Chase Bank N.A [pdf, 166 KB]

    ...Judgment: 7 April 2016 COSTS JUDGMENT OF CHIEF JUDGE G L COLGAN [1] In its judgment issued on 5 September 2013, the Court reserved costs between the parties. 1 [2] The substantive findings in that judgment were set aside by the Court of Appeal on 18 June 2015. 2 The parties have been unable to agree on costs for the plaintiff’s substantive challenge in this Court and, separately but to be dealt with in this judgment, costs on the plaintiff’s challenge to the Auth...

  9. ENV-2016-AKL-000xxx Silvertown Group Limited (previously East Coast Farms Limited) v Auckland Council [pdf, 3.1 MB]

    1 IN THE ENVIRONMENT COURT ENV-2016-AKL- AT AUCKLAND IN THE MATTER of the Local Government (Auckland Transitional Provisions) Act 2010 (LGATPA) and the Resource Management Act 1991 (RMA) AND IN THE MATTER of an appeal under section 156(1) 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 Unitary Plan (Proposed Plan) AND IN THE MATTE...

  10. [2020] NZSSAA 5 (28 April 2020) [pdf, 204 KB]

    ...Bruce Dell Law, solicitor, for the appellant. Ministry of Social Development for the Chief Executive [2020] NZSSAA 5 Reference no: NZSSAA 009/17 IN THE MATTER of the Social Security Act 1964. AND IN THE MATTER of an Appeal by XXXX of Auckland against a decision of the Chief Executive that has been confirmed or varied by a Benefits Review Committee. BEFORE THE SOCIAL SECURITY APPEAL AUTHORITY G Pearson (Chairperson) C Joe (Member) Heari...