Search Results

1. [2019] NZEnvC 018 Careys Bay Association Incorporated v Dunedin City Council [pdf, 350 KB]

   CAREYS BAY ASSOCIATION INCORPORATED V DCC – FEE REVIEW DECISION BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA Decision No. [2019] NZEnvC 18 IN THE MATTER of the Resource Management Act 1991 AND of an appeal pursuant to clause 14(1) of the First Schedule of the Act BETWEEN CAREYS BAY ASSOCIATION INCORPORATED (ENV-2018-CHC-223) Appellant AND DUNEDIN CITY COUNCIL Respondent Court: Environment Judge J R Jackson Hearing: In Chambers at Christc...

2. Hamilton City Council.pdf [pdf, 252 KB]

   BEFORE THE ENVIRONMENT COURT ENV-2020-AKL-000094 AUCKLAND REGISTRY I TE KŌTI TAIAO O AOTEAROA TĀMAKI MAKAURAU ROHE IN THE MATTER of the Resource Management Act 1991 (the Act) AND IN THE MATTER of an appeal under clause 14 of Schedule 1 of the Act against the decision of the Waikato Regional Council on Proposed Plan Change 1 to the Waikato Regional Plan BETWEEN ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED Appellant AND WAIKATO REGIONAL COUN...

3. [2020] NZEnvC 167 Renew Energy Ltd v Canterbury Regional Council.pdf [pdf, 143 KB]

   BEFORE THE ENVIRONMENT COURT AT CHRISTCHURCH I MUA I TE KOTI TAIAO O AOTEAROA Kl OTAUTAHI IN THE MATTER AND BETWEEN AND Decision No. [2020] NZEnvC 167 of the Resource Management Act 1991 of an appeal pursuant to s 325 of the Act RENEW ENERGY LIMITED and ERP GROUP LIMITED (ENV-2020-CHC-007) Appellants CANTERBURY REGIONAL COUNCIL Respondent Court: Environment Judge J E Borthwick (Sitting alone under s 309 of the Act) Hearing: In Chambers at Christchurch Date of...

4. [2021] NZEmpC 157 HG v Employment Relations Authority [pdf, 167 KB]

   ...grounds relied on in the application for leave to appear as intervener are largely replicated in the application to be joined as a third respondent. The Attorney- General acknowledges that the change in status is sought for the purpose of preserving appeal rights over what is said to be an important jurisdictional question. He requests that, if the Court is not minded to grant his application, he remain as intervener. [4] The Employment Relations Authority (the Authority) abides the...

5. Stewart v Accident Compensation Corporation (Costs on appeal) [2023] NZACC 21 [pdf, 144 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2023] NZACC 021 ACR 264/20 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN GAYE STEWART Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: On the papers Representatives: K Koloni for the Appellant P McBride for the Accident Compensation Corporation Judgment: 3 February 2022...

6. Employment Court Practice Directions [pdf, 492 KB]

   ...13 13. Presence of others at telephone or video conference hearings .......................................... 14 14. Prosecutions for offences under Employment Relations Act 2000 ................................... 15 15. Sealed judgments for appeals ............................................................................................ 17 16. Costs – Guideline scale...................................................................................................... 18 2 |...

7. [2018] NZEmpC 30 Lancom Technology Ltd v Forman and ors [pdf, 322 KB]

   ...Elmsly [2004] 1 ERNZ 172, (2004) 17 PRNZ 16 (CA), at [40]; see also the discussion in Coomer v JA McCallum and Son Ltd [2017] NZEmpC 156. (b) is close to the value or benefit of the judgment obtained by party B. [35] The Court of Appeal in Moore v McNabb16 explained the policy reasons for this procedure. These amount to protection for litigants against impossibly high fees and protection of public expenditure; the Courts have a duty to ensure litigation operates effec...

8. [2017] NZEmpC 102 Kaipara District Council v McKerchar [pdf, 176 KB]

   ...the matter without the need of the cost of litigation being incurred. (e) Mr McKerchar had no reasonable prospect of success in bringing his counterclaim in the Court, as it was clearly in the wrong jurisdiction having regard to the Court of Appeal’s dicta in JP Morgan Chase Bank NA v Lewis, the authority which the Court had relied on in deciding that the counterclaim should be struck out. 6 Principles [16] Clause 19 of Sch 3 to the Act governs the award of costs in this Cou...

9. Richard Mayer v Complaints Assessment Committee 304 [2017] NZREADT 44 [pdf, 236 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2017] NZREADT 44 READT 059/16 IN THE MATTER OF An appeal under section 111 of the Real Estate Agents Act 2008 BETWEEN RICHARD MAYER Appellant AND THE REAL ESTATE AGENTS AUTHORITY (CAC 304) First Respondent AND DEAN FILE Second Respondent AND IAN BARNS Third Respondent On the papers Tribunal: Hon P J Andrews, Chairperson Ms N Dangen, Member Ms C...

10. 2021-04-12 - TAs - MOC re witness substitution + case [pdf, 550 KB]

    ...infrastructure requirements. 9. It is understandable why the Tribunal in Kidd may have required the reporting officer to be available given that the report drafted by that person is likely to have been a significant factor in the decision being appealed and relevant to the Tribunal’s decision on appeal. The evidence in support of the Council’s case had changed through the appeal process so it is understandable why the Tribunal would have thought it necessary to have the ori...