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1. [2023] NZEnvC 118 GI Finlay Trustees Limited v Western Bay of Plenty District Council [pdf, 136 KB]

   ...although it is noted that neither party was able to find existing case law on this point. [5] Section 325(3A) of the Act sets out the basis upon which any person may apply to an Environment Court judge for a stay and provides: (3A) Any person who appeals under subsection (1) may also apply to an Environment Judge for a stay of the abatement notice pending the Environment Court’s decision on the appeal 3 [6] As can be seen, s 325(3A) specifically refers to appeals filed und...

2. Trustees of the Maungatautari 4G Section IV Trust v Maungatautari Ecological Island Trust - Maungatautari No 4G Sec IV [2015] Māori Appellate Court MB 634 (2015 APPEAL 634) [pdf, 314 KB]

   2015 Māori Appellate Court MB 634 IN THE MĀORI APPELLATE COURT OF NEW ZEALAND WAIKATO MANIAPOTO DISTRICT A20150001617 APPEAL 2015/9 UNDER Sections 58 and 79 of Te Ture Whenua Māori Act 1993 IN THE MATTER OF Maungatautari No 4G Sec IV Block BETWEEN TRUSTEES OF THE MAUNGATAUTARI 4G SECTION IV TRUST Appellants AND MAUNGATAUTARI ECOLOGICAL ISLAND TRUST First Respondent AND WAIPA DISTRICT COUNCIL Second Respondent AND TED TAUROA Thir...

3. Ratahi v Parininihi Ki Waitotara Incorporation - Section 53 Block IX Opunake SD being part Ngati Kahumate Block comprised in CT D4/240 (2007) 195 Aotea MB 127 (195 AOT 127) [pdf, 4.2 MB]

   ...proceedings and instead directed that a judicial conference be convened to discuss time-tabling orders to give the applicants the chance to present their case in opposition. At a subsequent judicial conference Mrs Hughes raised the issue of leave to appeal my decision of 10 August 2007, which she referred to as a provisional or preliminary determination. A hearing was then set down for 17 October 2007 where all counsel, apart from Mr Lawrence who was unavailable due to illness, made...

4. [2023] NZEnvC 050 Royal Forest and Bird Protection Society of New Zealand Incorporated v Northland Regional Council [pdf, 299 KB]

   pNRP – Topic 10 – Infrastructure and energy IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2023] NZEnvC 050 IN THE MATTER OF appeals under Clause 14 of Schedule 1 of the Resource Management Act 1991 BETWEEN ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV-2019-AKL-000127) NORTHPOWER LIMITED (ENV-201-AKL-000123) TRANSPOWER NEW ZEALAND LIMITED (ENV-2019-AKL-000107) Appellants AND NO...

5. [2025] NZREADT 02 - DQ & KU v CAC 2204 Rule (03 February 2025) [pdf, 206 KB]

   ...paginated bundle of the documents that were before the Committee and a paginated bundle of the emails between the Authority and the purchasers. Submissions [16] The Tribunal has received from the purchasers: 1. Submissions (“Reasons for Appealing the Decision”) filed with the notice of appeal (24 August 2024). 2. Substantive submissions (16 October 2024). 3. Application for leave to file fresh evidence (16 October 2024). 4. Affidavit of a purchaser in support of applicat...

6. [2015] NZSAAA 05, (25 June 2015) [pdf, 52 KB]

   Decision No. [2015] NZSAAA 05 Reference No. SAA 005/14 IN THE MATTER of the Education Act 1989 and the Student Allowances Regulations 1998 AND IN THE MATTER of an appeal by XXXX of XXXX against a decision of the Chief Executive, Ministry of Social Development BEFORE THE STUDENT ALLOWANCE APPEAL AUTHORITY Neil Cameron HEARING on the papers DECISION The appeal is dismissed REASONS Overview [1] This is an appeal against the decis...

7. Gemmell v Gemmell - Mohaka A4 [2015] Māori Appellate Court MB 657 (2015 APPEAL 657) [pdf, 227 KB]

   ...Napier 4142 B Fletcher, Gascoigne Wicks Lawyers, PO Box 2, Blenheim 7240, bfletcher@gwlaw.co.nz mailto:bfletcher@gwlaw.co.nz 2015 Māori Appellate Court MB 658 Introduction [1] In our decision of 8 May 2015 we allowed Arthur Gemmell’s appeal against Judge Harvey’s costs award of 7 July 2014 and substituted our own costs award, splitting the costs between the “pre-2005 trustees” (as to 25 percent) and the “2005 trustees” (as to 75 percent). 1 Thus, Arthur’...

8. IN v EW [2025] NZDT 3 (10 April 2025) [pdf, 195 KB]

   ...you are applying outside of the 20 working day timeframe, 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. Please also note that you cannot appeal a rehearing outcome, only the original decision itself. As a result, any appeal filed at the conclusion of the rehearing process would be out of time, involves a further application for leave to appeal and is at risk of not being accept...

9. EI v MG Ltd [2025] NZDT 4 (14 April 2025) [pdf, 192 KB]

   ...you are applying outside of the 20 working day timeframe, 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. Please also note that you cannot appeal a rehearing outcome, only the original decision itself. As a result, any appeal filed at the conclusion of the rehearing process would be out of time, involves a further application for leave to appeal and is at risk of not being accept...

10. Overview - Hearing process [pdf, 207 KB]

    Overview — Hearing Process in the Social Security Appeal Authority After the Notice of Appeal has been filed The appellant will be provided with all relevant documents, including a report setting out the reasons for the decision by the Ministry of Social Development (MSD) (“the regulation 249 report”). A timetable will be set for providing documents in support of the appeal and the appellant may provide further evidence that he or she wants to rely on. The parties to the appe...