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1. Royal New Zealand Yacht Squadron [pdf, 804 KB]

   ...(09) 3775070 (09) 3775071 webb@quaychambers.co.nz 3 Note to person wishing to be a party You must lodge the original and 1 copy of this notice with the Environment Court within 15 working days after- the period for lodging a notice of appeal ends, if the proceedings are an appeal; or the decision to hold an inquiry, if the proceedings are an inquiry; or the proceedings are commenced, in any other case. Your right to be a party to the proceedings in the court may be limi...

2. Case Management Directions 4 November 2016 [pdf, 288 KB]

   ...case-managing Judge has not prepared a formal Minute, but issues directions via this communication as a Minute of the Court nevertheless. The Judge has considered the Council's report memorandum of 7 October, and a spreadsheet report about all PAUP appeals to the Environment Court, lodged today. At the Court's direction, the spreadsheet has comments signalling overlap with some of the High Court appeals (where the EC proceedings will mostly need to be placed on hold), and su...

3. Chief Justice media statement dated 23 June 2021 [pdf, 394 KB]

   ...all courts are published on the Courts of New Zealand website. “I encourage participants to familiarise themselves with the specific provisions in place to allow the courts to operate safely,” the Chief Justice said. SUPREME COURT, COURT OF APPEAL WELLINGTON HIGH COURT The Chief Justice announced that matters before the Supreme Court and Court of Appeal will continue as scheduled. For the Wellington High Court matters will continue, provided they can be accommodated safely wit...

4. 2021-07-14 Minute [pdf, 47 KB]

   IN THE ENVIRONMENT COURT AT AUCKLAND I TE KOTI TAIAO KI TAMAKI MAKAURAU IN THE MA TIER OF the Resource Management Act 1991 and in the matter of 23 appeals under clause 14 of Schedule 1 to the Act in relation to Plan Change 1 to the Waikato Regional Plan (ENV-2020-313-014) MINUTE OF THE ENVIRONMENT COURT (14 July 2021) [1] Further to my minute dated 12 July 2021, the Court has now received a memorandum dated 13 July 2021 from counsel for Wairakei Pastoral Ltd, one of the...

5. Hearings & judgments

   ...room, or they might make the decision later (this is called reserving the judgment). The court will send you a written copy of the decision, or a letter to tell you what was decided. If you don’t agree with the decision about your case, you can make an appeal to a senior court.Find out more about appealing a judgment, decision or ruling If the other person has been ordered to do something, like pay you money, and doesn’t follow the judge’s decision, you can ask the court to enforce the Or...

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6. [2011] NZEmpC 144 NZ Meat Workers and Related Trades Union Inc v AFFCO NZ Ltd [pdf, 131 KB]

   ...Employment Agreement (the collective agreement) include a provision relating to seniority. Over the years the “seniority clause”, as it is commonly referred to, has been the subject of several decisions of both this Court and the Court of Appeal. 1 In essence, the seniority clause requires AFFCO to maintain a seniority list in respect of each meat 1 See New Zealand Meat Workers Union of Aotearoa Inc v AFFCO New Zealand Ltd [2...

7. [2012] NZEmpC 120 McLeod v National Hearing Care (NZ) Ltd [pdf, 110 KB]

   ...primary legislation. As noted in Bennion on Statutory Interpretation 9 there is a presumption of validity and “delegated legislation must be presumed to be valid unless and until declared invalid.” The principle was recognised by the Court of Appeal in Harness Racing New Zealand v Kotzikas 10 in these terms: [62] At the level of fundamental principle, what is termed the presumption of validity also needs to be kept firmly in view. In the area of delegated legislation, mat...

8. [2012] NZEmpC 102 Tinkler v Fugro PMS Pty Ltd & Pavement Management Service [pdf, 100 KB]

   ...parties; and (ab) the terms may not be cancelled under section 7 of the Contractual Remedies Act 1979; 4 and (b) except for enforcement purposes, no party may seek to bring those terms before the Authority or the court, whether by action, appeal, application for review, or otherwise. [21] Section 151 relates to the enforcement of terms of settlement agreed or authorised and specifies the enforcement options contemplated by s 149(3)(b). 5 It

9. [2015] NZEmpC 4 Booth v Big Kahuna Holdings Ltd costs [pdf, 111 KB]

   ...probably worth clarifying. Counsel for the plaintiff submits that the appropriate starting point is two-thirds, although 66 percent is applied to some (although not all) of the calculations provided. In Binnie v Pacific Health Ltd the Court of Appeal said that: 6 The first step is to decide whether the costs actually incurred by the plaintiff were reasonably incurred. Adjustment must be made if they were not. The second step is to decide, after an appraisal of all relevant factors...

10. Auckland Standards Committee v Valu Pome'e [2014] NZLCDT 87 [pdf, 107 KB]

    ...also applied to Immigration New Zealand for a temporary visitor’s permit for S while the adoption proceedings were being pursued. 7. For some reason, Ms Valu-Pome’e advised Mrs L that S’s permit had not been granted and that they needed to appeal to the Minister of Immigration. By letter dated 19 October 2007 she wrote to the Minister of Immigration advising that the permit had been declined and sought a special direction from the Minister to intervene in the case. However, by...