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1. Paora - Te Tii Waitangi A (Waitangi Marae) (2015) 94 Taitokerau MB 134 (94 TTK 134) [pdf, 306 KB]

   ...nomination of permanent trustees, and general and other business. In addition, I reduced the trustees following the resignations of Eruera Karena, Haki Rihari and Hohepa Waiomio. [19] Following the hearing on 24 January 2013 Merehora Taurua appealed the outcome of the hearing as it related to the forthcoming 27 April 2013 AGM. However, when the appeal hearing took place on 14 May 2013 10 Ms Taurua and her fellow interim trustees withdrew the appeal and it was dismissed by cons...

2. [2015] NZEmpC 28 Stevens v Hapag-Lloyd (NZ) Ltd [pdf, 307 KB]

   ...Parliament was likely to have been cognisant of its international obligations, including the right to strike and this, it was said, was relevant to the way in which s 28(1) of the previous Act was to be interpreted. 7 I pause to note that on appeal the Court emphasised that there was no need to resort to international instruments in the interpretative exercise. 8 In any event the case has limited relevance in the context of the plaintiff’s argument in this case, which is squar...

3. LA - Provider manual - Part 1 [pdf, 523 KB]

   ...lawyer Clause 7 Police Detention Legal Assistance Clause 8 Civil Clause 9 Family Clause 10 Māori Land/Māori Appellate Courts Clause 11 Waitangi Tribunal Clause 12 Mental Health Clause 13 Refugees and Protected Persons Clause 14 Court of Appeal and Supreme Court In this chapter This chapter contains the following sections: Section See Page Application requirements 19 Approval types 20 Criteria for approval – all applicants 21 Specific criteria for approval –...

4. [2020] NZEnvC 186 Panuku Development Auckland Limited v Auckland Council [pdf, 3.1 MB]

   BEFORETHEEN~RONMENTCOURT I MUA I TE KOOTI TAIAO O AOTEAROA IN THE MATTER AND BETWEEN AND AND Decision No. [2020] NZEnvC 186 of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act PANUKU DEVELOPMENT AUCKLAND LIMITED (ENV-2018-AKL-000176) Appellant AUCKLAND COUNCIL Respondent R Peters and R Bannan R Dexter and A Modrow N Smith P Lange L Whiley s 27 4 parties Court: Environment Judge M Harland Commissioner K Edmonds Commissioner D Bun...

5. [2008] NZEmpC WC 17/08 Witcombe v Clerk of the House of Representatives [pdf, 219 KB]

   ...Witcombe’s solicitors or that might even have been pending was, at best, a secondary purpose of the first and second preliminary draft reports prepared by Mr Beattie. [34] Mr Gunn for the Clerk relied on a subsequent judgment of the Court of Appeal in which the Guardian Royal Exchange dominant purpose test was affirmed and 1 Guardian Royal Exchange Assurance of New Zealand Ltd v Stuart [1985] 1 NZLR 596 (CA) developed. I...

6. [2017] NZEnvC 174 New Zealand Transport Agency v Marlborough District Council [pdf, 13 MB]

   BEFORE THE ENVIRONMENT COURT Decision No. [2017] NZEnvC 174 IN THE MATTER of the Resource Management Act 1991 AND of an appeal pursuant to s 120 of the Act BETWEEN NEW ZEALAND TRANSPORT AGENCY (ENV-2016-CHC-27) Appellant AND MARLBOROUGH DISTRICT COUNCIL Respondent AND J M &A P LIMITED Applicant Court: Environment Judge J R Jackson Environment Commissioner K Edmonds Environment Commissioner R Howie Hearing: In Blenheim on 31 May & 1, 2 June 2017 (Final submissi...

7. [2022] NZEnvC 146 Te Runanga o Ngai Te Rangi Iwi Trust v Bay of Plenty Regional Council [pdf, 638 KB]

   Te Runanga o Ngai Te Rangi Iwi Trust v Bay of Plenty Regional Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2022] NZEnvC 146 IN THE MATTER OF an appeal under section 120 the Resource Management Act 1991 BETWEEN TE RŪNANGA O NGĀI TE RANGI IWI TRUST (ENV-2022-AKL-000014) Appellant AND BAY OF PLENTY REGIONAL COUNCIL Respondent AND BAY OF PLENTY REGIONAL COUNCIL - INTERGRATED CATCHMENTS GROUP Applica...

8. [2006] NZEmpC AC 53A/06 Graham v Crestline Pty Ltd [pdf, 26 KB]

   ...successful and the case has concluded. [3] Crestline’s claim to $26,577.84 as a contribution towards its legal costs is said to represent 80 percent of those actual costs. Both parties accept and rely on the leading judgment of the Court of Appeal in this area in Binnie v Pacific Health Ltd [2002] 1 ERNZ 438 which requires the Court to assess, first, whether the costs actually incurred were reasonably incurred and, second, the reasonable contribution to those reasonable...

9. [2012] NZEmpC 177 Rimene v P J Doherty & Natusch Group Ltd [pdf, 61 KB]

   ...sum of $25,399.13. [7] In an affidavit in support of Mr Rimene’s application for leave to apply out of time, Ms Kay-Anne van Zyl, a law clerk employed by Mr Rimene’s solicitors, deposed: 3. The Applicant indicated to us that he would appeal certain parts of the Determination shortly after it was issued. A Statement of Claim was drafted and instructions were finalised to file at the Employment Court. 4. The Registrar has advised that the Statement of Claim should have...

10. [2015] NZEmpC 129 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 87 KB]

    ...memorandum explaining the situation from its point of view. 13. Any such memoranda must be filed urgently (and in particular by 4pm on Wednesday 29th July 2015) in view of the imminent fixture. [3] On the afternoon of 29 July 2015 the Court of Appeal dismissed the plaintiff’s application for leave to appeal against this Court’s earlier refusal to adjourn the fixture set down to begin on 10 August 2015. 1 In these circumstances, the fixture is set to proceed. [4] Having rec...