14873 items matching your search terms
...operating out of the Wellington office. Judges are based in Auckland, Wellington and Christchurch and will travel to other locations to hear cases. The registrar or court taker may also travel for the hearing. Decisions from the Employment Court can be appealed the Court of Appeal.
...privilege of documents [8] In support of their contention of a common law right to privilege in civil proceedings where disclosure of a document might give rise to liability for a civil penalty, the defendants rely first on the judgment of the Court of Appeal in Port Nelson Ltd v Commerce Commission. 3 That was a case in which the plaintiff faced a claim for pecuniary penalties, at the suit of the Commerce Commission, under s 80 of the Commerce Act 1986. The Court of Appeal descr...
...inclusive. 16. Whilst I have found Judge Milroy’s comments on the validity of the 1976 order useful, I do not consider them to be binding on me. Indeed in so far as the issue she had to decide they were obiter comments only. 17. Subsequently appeals and cross appeals were filed. They are currently adjourned sine die awaiting the outcome of this section 45 application. Aerial Photographs 18. Attachment 2 is an aerial photograph which was attached to an affidavit by Brendon Tainga...
...other, a reasonable time before the hearing, to settle all or some of the matters at issue between the parties. [8] The approach that has invariably been applied by this Court in relation to costs awards in recent years is based on the Court of Appeal decisions in Victoria University of Wellington v Alton-Lee, 3 Binnie v Pacific Health Ltd, 4 and Health Waikato Ltd v Elmsly. 5 The Court first determines whether the actual costs incurred by the successful party were reasonably i...
...income for which they must account to the other co-owners and the trust. They accordingly seek recovery of the rental income along with mesne profits. Background [2] Following the grant of injunction and recovery of land in 2012, the matter was appealed to the Māori Appellate Court and subsequently dismissed by that Court in 2013.2 The application then returned before me to address the remaining matters. I issued orders for the production of all relevant financial information...
IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 33 ACR 167/19 ACR 235/19 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN STEVEN McSHERRY Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 9 October 2020 Held at: Christchurch/Otautahi Appearances: Mr McSherry in person Mr I Hunt for the responden...
...owned by the Auckland Council and administered by its Community Facilities team. A resource consent for the work was granted by the Auckland Council on 21 May 2019, acting through independent commissioners. The consent was then the subject of an appeal to this Court brought by the Society for the Protection of Western Springs Forest Inc and Gael Joy Baldock, the present applicant. 1 That appeal was the subject of Court-assisted mediation, resulting in a consent order made by the Court...
...2011 (NPSFM 2011). Contributing factors in this case to the NPSFM 2011 being applicable included that the plan change had progressed significantly and the Court was mindful that the Environment Court’s jurisdiction is confined by the scope of appeals, submissions and further submissions.21 The High Court also noted that the Environment Court does not sit in an executive plan- making or changing role. The Environment Court’s rationale for not considering the evidence it had b...
Drive Holdings Limited v Auckland Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2021] NZEnvC 159 IN THE MATTER OF an appeal under s 120 of the Resource Management Act 1991 (the Act) BETWEEN DRIVE HOLDINGS LIMITED (ENV-2019-AKL-283) Appellant AND AUCKLAND COUNCIL Respondent Court: Judge J A Smith Commissioner Mabin Deputy Commissioner D Kernohan Hearing: 24 – 28 May 2021 28 June – 2 July 2021 A...
Drive Holdings Limited v Auckland Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2021] NZEnvC 159 IN THE MATTER OF an appeal under s 120 of the Resource Management Act 1991 (the Act) BETWEEN DRIVE HOLDINGS LIMITED (ENV-2019-AKL-283) Appellant AND AUCKLAND COUNCIL Respondent Court: Judge J A Smith Commissioner Mabin Deputy Commissioner D Kernohan Hearing: 24 – 28 May 2021 28 June – 2 July 2021 A...