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1. 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...

2. 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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   3. Court process

3. Matauri Bay Properties Ltd v Proprietors of Matauri X Incorporation - Lot 1 DP 451540 and 71 (2015) 117 Taitokerau MB 39 (117 TTK 39) [pdf, 603 KB]

   ...Limited. $750,000 was drawn down under that facility. The water business failed. No capital or interest had been paid on the lending and Bridgecorp sought to rely on its mortgage security. [6] Litigation followed in the High Court and Court of Appeal. 2 An appeal to the Supreme Court was granted but ultimately abandoned. [7] The land that is the subject of this application was transferred to MBPL as part of an arrangement with creditors designed to end the litigation and settle t...

4. Lee v Auckland Council [2016] NZWHT Auckland 2 [pdf, 317 KB]

   ...example the saddle flashing junctions. [32] To the extent that detailing was provided in the literature, it was not necessary to require this detailing on the plans. I note the comments of Heath J in Sunset Terraces2 (upheld in the Court of Appeal)3 regarding the appropriateness of assuming that builders will refer to manufacturer’s specifications. [33] The Lees’ position is that the Council’s failure to carry out a proper assessment of the amended plans led to the ho...

5. [2021] NZACC 101 – OM v ACC (12 July 2021) [pdf, 271 KB]

   ...THAT MIGHT IDENTIFY THE APPELLANT IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 101 ACR 271/19 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN OM Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 17 May 2021 Heard at: Wellington/Te Whanganui-A-Tara Appearances: Father on behalf of the appellant...

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. Canterbury District Law Society Complaints Committee 2 v Iosefa [2009] NZLCDT 5 [pdf, 65 KB]

    ...disciplinary hearing in late May. [15] In late January 2007 the practitioner was charged with the criminal offence referred to and pleaded guilty to 4 July 2008. He was sentenced on 7 August 2008 to 10 months imprisonment. [16] The practitioner appealed his sentence and on 3 November 2008 the Court of Appeal altered his sentence, having regard to a number of factors including time served, to four months home detention subject to special conditions which had pertained to the earlier s...