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1. LCRO 79/2021 SW v LL (30 June 2021) [pdf, 128 KB]

   ...SW responded to Mr LL to advise that the bill was “in dispute” with the Law Society. Mr LL replied to Ms SW, and in doing so, confirmed that the Committee had issued its decision. [19] On 6 May 2021, Ms SW informed Mr LL that she would be appealing the Committee’s decision. She also wrote to the Complaints Service on that day to advise of her intention to appeal the Committee decision. She indicated that she was, at the time of forwarding her correspondence, suffering a bo...

2. [2022] NZEmpC 144 Vulcan Steel Ltd v Manufacturing & Construction Workers Union [pdf, 231 KB]

   ...factors that justify either an increase or a decrease may be assessed.4 [10] Two other particular considerations arise here. The first concerns those cases where there is a mixed measure of success. In Health Waikato Ltd v Elmsly, the Court of Appeal noted that costs usually follow the event and that in most cases it is clear who has been successful and thus prima facie entitled to an award.5 The Court went on to say, however:6 [35] ... But cases where the parties have mixed...

3. [2022] NZEnvC 073 Echave v Thames-Coromandel District Council [pdf, 301 KB]

   ...representation. It was also dealt with a sense of urgency prior to the Christmas break. Accordingly, despite being dismissed for lack of jurisdiction, I will nevertheless assess whether costs are warranted in this case as the Court would with an appeal within its jurisdiction. Costs against Mr Echave Mr Adams contends that indemnity costs are warranted against Mr Echave in this instance. Mr Adams submits that Mr Echave’s application ought to have been discontinued immediat...

4. Yuile v Smith - Tuahu 6 (2022) 113 Tairawhiti MB 198 (113 TRW-198) [pdf, 211 KB]

   ...submitted that, if a rehearing is granted, a site visit is warranted. Te Ture The law [14] The following principles apply to an application for rehearing:2 2 Henare v Māori Trustee – Parengarenga 3G [2012] Māori Appellate Court MB 1 (2012 APPEAL 1), cited with approval in White v Potroz - Mohakatino Parihihihi No 1c West 3A2 [2016] Maori Appellate Court MB 143 (2016 APPEAL 143). 113 Tairawhiti MB 202 (a) The Court has a discretion to grant a rehearing in circum...

5. [2022] NZEnvC 203 Hadley v Waterfall Park Developments Limited [pdf, 203 KB]

   ...obligations, they brought declaratory proceedings to address the apparent non-compliance. Moreover, as a result of the proceedings, the Hadleys consider that they benefited the community by improving public amenity in the Wakatipu basin. High Court appeal [6] On 26 March 2021, WPDL filed a notice of appeal in the High Court against the court’s decision. I accordingly directed that the costs timetable was suspended pending the outcome of the High Court proceeding.3 The High C...

6. [2024] NZEnvC 031 Friends of Conical Hill Inc v Hurunui District Council [pdf, 229 KB]

   FRIENDS OF CONICAL HILL INC v HURUNUI DISTRICT COUNCIL IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2024] NZEnvC 031 IN THE MATTER of an appeal under s 120 of the Resource Management Act 1991 BETWEEN FRIENDS OF CONICAL HILL INCORPORATED (ENV-2022-CHC-000007) Appellant AND HURUNUI DISTRICT COUNCIL Respondent AND HANMER SPRINGS THERMAL POOLS AND SPA Applicant Court: Environment Judge L J Semple sitting alone under...

7. [2011] NZEmpC 19 Masina v Commissioner of Te Kura Kaupapa Maori O Piripono Te Kura Whakahou O Otara [pdf, 46 KB]

   ...Ministry of Education had had to appoint a new Commissioner as an interim measure. 14. The consequences of the Court’s judgment are immense. They will affect the entire school community, including students, parents, and whanau. Subject to any appeal lodged by the plaintiff, the Kura is now able to look forward to a future of growth and development, after three years of uncertainty. 1 Victoria University of Wellington v...

8. [2007] NZEmpC AC 42A/07 Otene v A G Walters & Sons Ltd [pdf, 16 KB]

   ...want of prosecution. I reserved costs, allowing the defendant to apply by memorandum, on notice to Mr Otene, to permit him an opportunity to be heard on that question even although he had failed to do so on the question of the dismissal of his appeal. I gave him the period of two weeks after service on him of the defendant’s submissions on costs within which to file and serve his own submissions in reply. Mr Otene has failed to make any submissions on costs and so I will now de...

9. ENVC-36 notice of motion general [docx, 23 KB]

   ...lodge a notice of your wish to be a party to the proceedings (in form 33) with the Environment Court and serve copies of your notice on the relevant local authority and the appellant within 15 working days after— (a) the period for lodging a notice of appeal ends, if the proceedings are an appeal; or (b) the decision to hold an inquiry, if the proceedings are an inquiry; or (c) the proceedings are commenced, in any other case. You must serve copies of your notice on all other parties withi...

10. 12 March 2018 Serenity Retreat Limited v Thames-Coromandel District Council [pdf, 335 KB]

    ...Registry on 17 October 2017 Frida Cho Case Manager E-mail address:Frida.Cho@justice.govt.nz ENVIRONMENT COURT CX10086 PO Box 7147 Auckland Telephone: (09) 916 9091 Facsimile: (09) 916 9090 1. Topic: Topic Number: SCHEDULE OF PROCEEDINGS Appeal against a decision refusing consent to establish & operate a travellers accommodation, conference, & wedding facility at 206A Silverstream Falls ROW, Tairua Hill, Whenuakite Coromandel ENV-2016-341-000003 i. Serenity Ret...