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1. [2020] NZEnvC 021 Clearwater Mussels Limited v Marlborough District Council [pdf, 5 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2020] NZEnvC 21 of the Resource Management Act 1991 of appeals pursuant to s 120 of the Act CLEARWATER MUSSELS LIMITED (ENV-2016-CHC-40 and 41) Appellant MARLBOROUGH DISRICT COUNCIL Respondent Court: Environment Judge J J M Hassan Environment Commissioner KA Edmonds Environment Commissioner J A Hodges Hearing: In Chambers at Christchurch on the papers Date...

2. [2021] NZEnvC 138 Upper Clutha Environmental Society Incorporated v Queenstown Lakes District Council [pdf, 147 KB]

   QTN PLAN APPEALS – TOPIC 2 – INTERIM DECISION 2.10 IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2021] NZEnvC 138 IN THE MATTER of the Resource Management Act 1991 AND appeals pursuant to clause 14 of the First Schedule of the Act BETWEEN UPPER CLUTHA ENVIRONMENTAL SOCIETY INCORPORATED (ENV-2018-CHC-056) and all other appellants concerning Topic 2 of Stage 1 of the Proposed Queenstown Lakes District Plan (listed on t...

3. 4 July 2022 Remediation (NZ) Limited v Taranaki Regional Council [pdf, 160 KB]

   ...(09) 916 9090 https://www.justice.govt.nz/courts/going-to-court/pre/interpreters-language-and-disability-access/ http://www.justice.govt.nz/courts/environment-court SCHEDULE OF PROCEEDINGS Appeal against a decision of Taranaki Regional Council to refuse consents necessary for the continued operation of Remediation (NZ) Limited's waste management facility ENV-2021-326-000001 Remediation (NZ) Limited v Taranaki Regional...

4. [2023] NZEmpC 24 Pact Group v Robinson [pdf, 179 KB]

   ...fact that she is defending a challenge that the company is pursuing. These points (namely the impact of a stay on Ms Robinson) are relevant to the weighting exercise. [9] It is submitted that the company’s challenge has merit. The Court of Appeal has accepted that the apparent strength of an appeal can be relevant in determining an application for a stay but also indicated in the same judgment that the merits must be sufficiently obvious to be treated as a critical factor.4 In...

5. [2022] NZEnvC 015 Director General of Conservation v Northland Regional Council [pdf, 103 KB]

   IN THE ENVIRONMENT COURT AT AUCKLAND I TE KOTI TAIAO O AOTEAROA KI TAMAKI MAKAURAU IN THE MATTER OF BETWEEN AND AND Decision [2022] NZEnvC Ol S an appeal under s 120 of the Resource Management Act 1991 DIRECTOR-GENERAL OF CONSERVATION (ENV-2021-AKL-129) Appellant NORTHLAND REGIONAL COUNCIL Respondent ABURGOYNE Section 27 4 Party (Applicant for Substitution) Court: Date of Decision: Judge J A Smith, sitting alone pursuant to s 279 of the Act 11 February 2...

6. [2025] NZEmpC 72 Thebe v Te Whatu Ora – Health New Zealand (Interlocutory judgment of Judge Beck, 8 April 2025) [pdf, 179 KB]

   ...that therefore costs should lie where they fall until the matter is determined by the higher courts. [7] In response, the defendant submitted that a successful litigant is entitled to the fruits of their success at first instance even where an appeal has been filed. It was submitted that the responsibility to pay costs will not have any impact on the plaintiff’s ability to pursue his challenge and that he should not be shielded from the consequences of pursuing unsuccessful liti...

7. [2024] NZEnvC 243 Swap Stockfoods Limited v Bay of Plenty Regional Council [pdf, 209 KB]

   Swap Stockfoods Limited v Bay of Plenty Regional Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2024] NZEnvC 243 IN THE MATTER OF appeals under clause 14 of the First Schedule of the Resource Management Act 1991 BETWEEN SWAP STOCKFOODS LIMITED (ENV-2019-AKL-065) TIMBERLANDS LIMITED (ENV-2019-AKL-073) Appellants AND BAY OF PLENTY REGIONAL COUNCIL Respondent Court: Environment Court Judge MJL sitting alon...

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9. [2012] NZEmpC 26 Premier Events Group Ltd v Beattie [pdf, 142 KB]

   ...agreement of counsel that this is the correct legal position, it is unnecessary to decide whether that interpretation of s 248 of the Companies Act 1993 is correct. [33] Mr Eichelbaum’s argument in this regard relies on a single English Court of Appeal judgment, given more than 40 years ago, which is noted in commentaries on s 248 of the Companies Act 1993. Counsel could not find any New Zealand judgment or other authority on the point and the current New Zealand texts, includ...

10. Vucich & Anor v CAC306 & Ors [2015] NZREADT 40 [pdf, 204 KB]

    BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2015] NZREADT 40 READT 097/14 IN THE MATTER OF an appeal under s.111 of the Real Estate Agents Act 2008 BETWEEN NEVILLE OWEN VUCICH AND DIANNE MERLE VUCICH on behalf of Coastal Paradise Trust Appellants AND REAL ESTATE AGENTS AUTHORITY (per CAC 306) First respondent AND GRAEME McLEOD ANNE-LOUISE JAMES HELENSVILLE REALTY LTD Second respondents MEMBERS OF TRIBUNAL Judge P F Barb...