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1. Final Env-Reg-Report-2018-19 [pdf, 188 KB]

   ...P a g e • it is required by law to act judicially; and • it hears contesting parties to the proceedings before it and gives a determination which is binding upon them. The role of the Court under the RMA is to hear and decide: • appeals on councils’ decisions on proposed plans and policy statements and resource consent applications • appeals on abatement notices and applications for enforcement orders • applications for declarations • inquiries in respect of wa...

2. [2021] NZACC 127 - Jones v ACC (11 August 2021) [pdf, 177 KB]

   ...person D Tuiqereqere for the respondent Judgment: 11 August 2021 ___________________________________________________________________________ JUDGMENT OF JUDGE AA SINCLAIR [On Application for Recall of Decision by Accident Compensation Appeal Authority] ___________________________________________________________________________ [1] The Accident Compensation Appeal Authority (“the Authority”) issued a decision on 5 September 2018 dismissing an appeal by Mr Craig Jones (...

3. Takimoana v The Trustees of the Te Tii Waitangi B3 Ahu Whenua Trust (2015) 104 Taitokerau MB 139 (104 TTK 139) [pdf, 181 KB]

   ...justice lie? [36] Having considered all of these matters I must stand back and consider where the overall justice lies in this case. [37] In Wilson v Church (No 2), Cotton LJ held as follows: 16 I will state my opinion that when a party is appealing, exercising his undoubted right of appeal, this court ought to see that the appeal, if successful, is not nugatory… [38] An injunction was then granted to prevent disposal of the property in that case until the appeal was determ...

4. [2017] NZEnvC 166 Clarence Harvest Ltd v Waimakariri District Council [pdf, 1.7 MB]

   BEFORE THE ENVIRONMENT COURT IN THE MATTER AND BETWEEN AND AND Decision No. [2017] NZEnvC 166 of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act CLARENCE HARVEST LIMITED (ENV-2017 -CHC-31) Appellant WAIMAKARIRI DISTRICT COUNCIL First Respondent CANTERBURY REGIONAL COUNCIL Second Respondent Court: Environment Judge J R Jackson Hearing: In Chambers at Christchurch Date of Decision: 11 October 2017 Date of Issue: 11 October 2017 CO...

5. Dermot Nottingham, Philip Nottingham, Robert McKinney & Property Bank Realtor Limited v The Real Estate Agents Authority (CAC 10057) & Martin Honey [2017] NZREADT 61 [pdf, 183 KB]

   ...accusations.1 [2] Complaints Assessment Committee 10057 (“the Committee”) considered Mr Nottingham’s complaints and in decisions issued on 28 March 2012 and 18 July 2012, decided to take no further action on either of them. The appellants appealed to the Tribunal against the Committee’s decision (“the original appeals”). The Tribunal dismissed the appeal in a decision issued on 13 October 2014.2 [3] The appellants then appealed to the High Court and, subsequently, the C...

6. Practice Note 5 2018 Final [pdf, 288 KB]

   ...DECISIONS) 16 May 2018 PRACTICE NOTE 5/2018 (PUBLICATION OF DECISIONS) PREAMBLE 1. COMMENCEMENT 2. JURISDICTION PROVISIONS RELATING TO DIFFERENT STREAMS 3. REFUGEE AND PROTECTION APPEALS 4. RESIDENCE APPEALS 5. DEPORTATION (NON-RESIDENT) APPEALS 6. DEPORTATION (RESIDENT) APPEALS THE PUBLICATION PROCESS 7. THE PROCESS OF DEPERSONALISATION, ABRIDGEMENT AND PROHIBITION FROM PUBLICATION 8. REVIEW...

7. Hall v Opepe Farm Trust (2011) 45 Waiariki MB 142 (45 WAR 142) [pdf, 179 KB]

   ...costs incurred in respect of the High Court proceedings or should they be liable to pay those costs personally? [2] The issue of costs is referred to in detail in my principal judgment dated November 2010. 1 That decision was unsuccessfully appealed to the Māori Appellate Court. 2 The Appellants in that proceeding have now filed a further appeal with the Court of Appeal. They have also sought an adjournment of any costs determination in the Māori Appellate Court pending th...

8. 2018 NZSSAA 002 (10 January 2018) [pdf, 107 KB]

   [2018] NZSSAA 002 Reference No. SSA 065/17 IN THE MATTER of the Social Security Act 1964 AND IN THE MATTER of an appeal by XXXX of Wellington against a decision of a Benefits Review Committee BEFORE THE SOCIAL SECURITY APPEAL AUTHORITY S Pezaro - Deputy Chair K Williams - Member C Joe - Member Hearing at Wellington on 29 November 2017 Appearances The appellant in person and her agent, G. Howell E. Kirkman, agent for the Chief Executive...

9. 1-Oji-Fibre-Solutions-NZ-Limited.pdf [pdf, 158 KB]

   ...Pastoral & Ors [2020] NZEnvC 063, the relevant parts of the Decisions, the submissions of the appellant and the names and addresses or persons required to be served with the notice of appeal are not attached. 2. PARTS OF THE DECISIONS BEING APPEALED 2.1 The specific parts of the Decisions that OjiFS is appealing are: (a) Objective 3 (b) Policies 2, 5, 8, 10 -13, 19 (c) Rule 3.11.4.9 3. REASONS FOR APPEAL Introduction 3.1 OjiFS is the owner and operator of the Kinleith P...

10. Oji Fibre Solutions NZ Limited [pdf, 158 KB]

    ...Pastoral & Ors [2020] NZEnvC 063, the relevant parts of the Decisions, the submissions of the appellant and the names and addresses or persons required to be served with the notice of appeal are not attached. 2. PARTS OF THE DECISIONS BEING APPEALED 2.1 The specific parts of the Decisions that OjiFS is appealing are: (a) Objective 3 (b) Policies 2, 5, 8, 10 -13, 19 (c) Rule 3.11.4.9 3. REASONS FOR APPEAL Introduction 3.1 OjiFS is the owner and operator of the Kinleith P...