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1. [2017] NZEmpC 34 Twentyman v The Warehouse Ltd [pdf, 140 KB]

   ...costs scale and is therefore to be determined according to the principles in three well-known cases: Victoria University of Wellington v Alton-Lee; 3 Binnie v Pacific Health Ltd; 4 and Health Waikato Ltd v Elmsly. 5 In Alton-Lee the Court of Appeal accepted the primary principle that costs follow the event. As to quantification, that Court held the principle is one of a reasonable contribution to costs actually and reasonably incurred. In Binnie the Court of Appeal adopted a...

2. Jarrett - Ngapeke 1J2B2B2 (2002) 71 Tauranga MB 31 (71 T 31) [pdf, 1.3 MB]

   ...opposite and irreconcilable. The Maori Land Court refused an application for partition chiefly because it held that there was not a sufficient degree of support for the application as the majority of owners in number opposed it. That decision was appealed and went to the Maori Appellate Court. The appeal was declined by a majority of four to one. Chief Judge Durie issued a dissenting decision in which he ----------------.------ - ------ Tauranga Minute Book Volumo 71 Folio 34 Pa...

3. LCRO 223/2018 UT v VU (20 March 2019) [pdf, 96 KB]

   ...substantive work, but it appears from Mr UT’s complaint he did not do that. 2 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [39]–[41]. 3 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for th...

4. [2019] NZEmpC 29 Wendco (NZ) Ltd v Unite Inc [pdf, 220 KB]

   ...and incidental to the proceeding up to and including the discontinuance. While there remains a discretion under r 15.23, the onus is on the discontinuing plaintiff to persuade the Court to exercise the discretion in its favour.5 The Court of Appeal has made it clear that the presumption that costs are to be paid is not lightly displaced.6 [5] The nub of the plaintiff’s submission is that the onus has been displaced for two reasons – first because it ought to be regarded as the...

5. COVID-19 Recovery (Fast-track Consenting) Bill [pdf, 133 KB]

   ...Minister. Schedule 6 outlines the fast-track procedure by which panels are to consider applications and notices of requirement. The fast-track procedure involves expedited timeframes, targeted rather than public consultation (cl 18 and 19), and limited appeal rights (cl 41). There is no requirement for a panel to hold a hearing (cl 20). Further, under cl 26 of the Bill, the need to obtain a resource consent under the RMA before undertaking certain works on existing public infrastructure...

6. LCRO 192/2019 NA v LC (27 May 2020) [pdf, 93 KB]

   ...scope of review [17] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:2 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for tha...

7. CAC 20001 v Wallace [2016] NZREADT 66 [pdf, 92 KB]

   ...she does not appear at the hearing of the charge against her, it should proceed in her absence, by way of formal proof. The Tribunal rules accordingly. [14] Pursuant to s 113 of the Act, we record that any person affected by this decision may appeal against it to the High Court by virtue of s 116 of the Act. ______________ Hon P J Andrews Chairperson ______________ ____________ John Gaukrodger Garry Denley Member Member...

8. Advances in ADR Techniques in the New Zealand Environment Court a paper by Principal Environment Judge Newhook [pdf, 277 KB]

   ...invariably much less expensive than a court hearing with its attendant witness expenses, legal costs and risk of an award of costs by the Court. [10] Mediation is used to resolve all three main types of the civil jurisdiction of the Court, appeals about plan making, appeals about consenting, and enforcement. In New Zealand the Environment Court does not hear prosecutions for breaches of the Resource Management Act and plans. Those are heard in the District Court, by Judges hold...

9. [2019] NZEnvC 130 New Zealand Association of Radio Transmitters Incorporated v Kapiti Coast District Council [pdf, 4.9 MB]

   ~l BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2019] NZEnvC \ 3 0 of the Resource Management Act 1991 of an appeal pursuant to cl 14 of the First Schedule to the Act NEW ZEALAND ASSOCIATION OF RADIO TRANSMITTERS INCORPORATED and KAPITI AMATEUR RADIO SOCIETY INCORPORATED (ENV-2018-WLG-000006) Appellants KAPITI COAST DISTRICT COUNCIL Respondent Court: Environment Judge B P Dwyer Environment Commission...

10. LCRO 2/2017 RR and SS Trust v QQ, WW, EE, GG, TT, YY, UU, OO, PP, ZZ, FF and DD (3 December 2019) [pdf, 70 KB]

    ...scope of review [9] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...