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1. [2018] NZEnvC 137 Haydan Investments Ltd v Auckland Council [pdf, 5.4 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2018] NZEnvC (~-:t of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act HAYDAN INVESTMENTS LIMITED (ENV-2018-AKL-000123) Appellant AUCKLAND COUNCIL Respondent Court: Principal Environment Judge L J Newhook Date of Decision: \ I AI..t.11.A & -r- z 0\ V Date of Issue: DETERMINATION OF THE ENVIRONMENT COURT A: The Court orders,...

2. [2015] NZEmpC 25 PRI Flight Catering Ltd v Saha [pdf, 117 KB]

   ...parties relating to costs, and the defendant has incurred costs associated with the proceedings, the defendant may be entitled to a contribution towards those costs incurred. 2 [11] The plaintiffs rely also on the recent judgment of the Court of Appeal in Powell v Hally Labels Ltd. 3 This judgment relates, however, to civil litigation practices in the High Court, so that its affirmation that the High Court “… guards its discretion over costs, but as a matter of practice it do...

3. [2019] NZEnvC 005 The New Zealand Heavy Haulage Association Incorporated (Huose Movers Section) v South Tarnakai District Council [pdf, 1.4 MB]

   ...TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER BETWEEN AND Court: Environment Judge C J Thompson Commissioner R M Dunlop Commissioner I A Buchanan Hearing: at New Plymouth 9-10 May 2018 Decision No: [2019] NZEnvC 5 ENV-2016-WLG-000081 of an appeal under clause 14 of the First Schedule of the Resource Management Act 1991 THE NEW ZEALAND HEAVY HAULAGE ASSOCIATION INC (HOUSE MOVERS SECTION) Appellant SOUTH TARANAKI DISTRICT COUNCIL Respondent Closing submissions: 16 May an...

4. LCRO 230/2018 TM - Application for Review of a Prosecutorial Decision (3 April 2019) [pdf, 176 KB]

   ...review has been discussed in a number of decisions including decisions from this Office in relation to reviews of Committee decisions to lay charges to the Tribunal regarding practitioner conduct. [13] In Orlov v New Zealand Law Society the Court of Appeal determined that there was no threshold test to be met before matters could be referred to the Tribunal.1 The Court explained that:2 The protection to the practitioner once afforded by the threshold test [in the Law Practitioners...

5. Disputes Tribunal booklet [pdf, 574 KB]

   ...called an ‘Order’ and is legally binding (you must follow it). You and the other party will need to arrange how you’ll follow the Order. They may contact you to remind you what you need to do and what may happen if you don’t. Rehearings and appeals You may be able to get a rehearing or appeal the decision. Find out more at the weblink below. If you don’t follow an Order If you don’t follow the Order, the other party may: • apply to the District Court to enforce the...

6. MOJ0058 Disputes Tribunal booklet [pdf, 565 KB]

   ...called an ‘Order’ and is legally binding (you must follow it). You and the other party will need to arrange how you’ll follow the Order. They may contact you to remind you what you need to do and what may happen if you don’t. Rehearings and appeals You may be able to get a rehearing or appeal the decision. Find out more at the weblink below. If you don’t follow an Order If you don’t follow the Order, the other party may: • apply to the District Court to enforce the...

7. Paikea v Paikea - Wiremu Mitai Paikea Whanau Trust (2020) 215 Taitokerau MB 229 (215 TTK 229) [pdf, 269 KB]

   ...[27] Ultimately Judge Harvey ordered a compromise, granting a life interest in favour of Duncan Mathews with details of the remainder interest to be finalised in due course.12 While the compromise ordered by Judge Harvey was the subject of an appeal, the findings discussed above were not challenged.13 [28] What is clear from the Appellate Court decision of Mathews v Mathews, is that an owner of Māori land interests can transfer those interests to one or several of his or her chi...

8. Albert v Hogg - Mangamuka East B3 (2020) 209 Taitokerau MB 162 (209 TTK 162) [pdf, 264 KB]

   ...parties; (c) Evidence of a trust failing to adhere to their terms of trust and core accountabilities may be sufficient grounds for termination. [28] In Larkins v Wi Kaitaia – Waihou Hutoia D2A, the Māori Appellate Court concluded that the appeal should be allowed on the basis that the orders made by the lower Court to terminate the trust were made without sufficient evidence. The Māori Appellate Court directed that the matter be reheard, and consideration be given to the f...

9. Kingsnorth v Crawford - Motuaruhe 5D Block (2020) 233 Waiariki MB 39 (233 WAR 39) [pdf, 189 KB]

   ...(133 WMN 39). 8 Māori Land Court of New Zealand: Practice Note – Special Aid Fund – Appointment of a Barrister of Solicitor, 31 May 2012. 9 Taueki v Horowhenua 11 (Lake) Māori Reservation Trust [2019] Māori Appellate Court MB 652 (2019 APPEAL 652). 10 187 Waiariki MB 47 (187 WAR 47). 233 Waiariki MB 46 Te Ture - The Law [23] The general approach to an award of costs is settled. The relevant principles were set out in Trustees of the Horina Nepia and Te Hiwi Pia...

10. Beattie v Official Assignee (Costs) [2021] NZHRRT 40 [pdf, 174 KB]

    ...Assignee’s Calderbank offer. Other conduct of Mr Beattie is said to have been unreasonable. The Assignee says he has incurred costs well in excess of $100,000 in responding to Mr Beattie’s claim. [2] It is to be noted that while Mr Beattie filed an appeal in the High Court, that appeal was struck out by Brewer J in Beattie v The Official Assignee [2021] NZHC 1607 (1 July 2021) as a consequence of Mr Beattie’s failure to serve his notice of appeal on the Tribunal and on the Assign...