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  1. [2022] NZEnvC 070 Wilson v Waikato Regional Council [pdf, 190 KB]

    ...full reversal of a first instance decision and hence decline of consent, a proponent bears responsibility to present a properly rounded and complete proposal to the court. In particular, that is in the context of the court’s de novo role in appeals. [6] The consequence of OAL not having done that is that Mr Wilson, having prepared to face the initial case on appeal, has then had to readjust to respond to how OAL has now elected to re-cast it. OAL has done so in order to seek...

  2. [2022] NZACC 176 — Robin v ACC (12 September 2022) [pdf, 157 KB]

    IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2022] NZACC 176 ACR 174/20 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN ISMAIL ROBIN Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: On the papers Submissions: S Beacham for the appellant A Miller and R Mould for the respondent Judgment: 12 September 2022 RESERVED...

  3. B Ltd v IC [2018] NZDT 1540 (20 August 2018) [pdf, 88 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. [2023] NZEmpC 220 Bank of New Zealand v Bowen [pdf, 171 KB]

    ...properly be released to BNZ, but says no further award should be made, in the interests of justice.6 [6] Ms Bowen submits that hers was a test case. That suggestion has not previously been raised, and I do not accept it. As noted by the Court of Appeal in declining leave to appeal, the position taken by the Court is clear, and the issue Ms Bowen sought to raise is well-settled.7 2 The application was later stayed pending the Court of Appeal’s consideration of Ms Bowen’s a...

  6. [2024] NZEnvC 075 McCallum Bros Limited v Auckland Council [pdf, 12 MB]

    McCallum Bros Limited v Auckland Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TAMAKI MAKAURAU Decision No. [2024] NZEnvC 075 IN THE MATTER OF appeal under s 120 of the Resource Management Act 1991 (the Act) BETWEEN MCCALLUM BROS LIMITED (ENV-2022-AKL-121) Appellant/Applicant AND AUCKLAND COUNCIL Respondent Court: Judge J A Smith Judge A H C Warren Commissioner S Myers Commissioner K Prime Special Advisor R Howie Hea...

  7. [2015] NZSSAA 102 (18 December 2015) [pdf, 47 KB]

    [2015] NZSSAA 102 Reference No. SSA 062/15 IN THE MATTER of the Social Security Act 1964 AND IN THE MATTER of an appeal by XXXX of Eketahuna against a decision of a Benefits Review Committee BEFORE THE SOCIAL SECURITY APPEAL AUTHORITY Ms M Wallace - Chairperson Mr K Williams - Member Lady Tureiti Moxon - Member HEARING at WELLINGTON on 9 September 2015 APPEARANCES Mr N Ellis for the appellant Mr R Signal for Chief Executive of the Ministry...

  8. Morrison v Trustees of the Trevor and Dina Maxwell Whanau Trust - Arataua A [2013] Māori Appellate Court MB 189 (2013 APPEAL 189) [pdf, 187 KB]

    ...OF MĀORI APPELLATE COURT Solicitors: Lance Lawson Solicitors PO Box 2279, Rotorua Attention Mr Graeme Dennett 2013 Maori Appellate Court MB 190 Introduction [1] Linda Moewaka Morrison and Rene Kahu Mitchell appeal the Māori Land Court’s decision of 13 September 20121 dismissing their application for an order determining the ownership of Arataua 5A in favour of all the descendents of the late Temuera Morrison. [2] The appellants asserted that...

  9. [2017] NZEnvC 210 Doctors Flat Vineyard Ltd and Rubicon Hall Road Ltd v Central Otago District Council [pdf, 1.9 MB]

    BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEARAROA IN THE MATTER AND BETWEEN AND Decision No. [2017] NZEnvC 210 of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act DOCTORS FLAT VINEYARD LIMITED & RUBICON HALL ROAD LIMITED (ENV-2017 -CHC-16) Appellants CENTRAL OTAGO DISTRICT COUNCIL Respondent Court: Environment Judge J R Jackson Hearing: In Chambers at Christchurch Date of Decision: 20 December 2017 Date of Issue: 20...

  10. Appellant v The Real Estate Agents Authority (CAC 410) & Geoffrey Twigden [2017] NZREADT 79 [pdf, 236 KB]

    ...REAL ESTATE AGENTS ACT 2008, PUBLICATION OF THE NAME OR ANY IDENTIFYING DETAILS OF THE APPELLANT IS PROHIBITED BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2017] NZREADT 79 READT 017/17 IN THE MATTER OF An appeal under section 111 of the Real Estate Agents Act 2008 BETWEEN [APPELLANT] Appellant AND THE REAL ESTATE AGENTS AUTHORITY (CAC 410) First Respondent AND GEOFFREY TWIGDEN Second Respondent On the papers...