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1. [2019] NZEnvC 022 Fitzgerald v Kaikoura District Council [pdf, 1.8 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2019] NZEnvC 22 of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act ANDREW FITZGERALD (ENV-2018-CHC-25) Appellant KAIKOURA DISTIRCT COUNCIL Respondent ALAN AND CHRISTINE GULLEFORD Applicants Court: Environment Judge J E Borthwick Hearing: In Chambers at Christchurch Date of Decision: 15 February 2019 Date of Issue: 15 February...

2. LCRO 161/2017 CR v EM, DN and BN (24 January 2019) [pdf, 159 KB]

   ...scope of review [4] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

3. LCRO 65/2017 IR v NW and EN (18 April 2019) [pdf, 155 KB]

   ...scope of review [20] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for tha...

4. LCRO 71/2016 ZB v YA (23 August 2018) [pdf, 230 KB]

   ...scope of review [24] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

5. Panapa - Ngawhare rāua ko Merepapuha Raukura Maika Te Rangipuawhe Whānau Trust (2017) 159 Waiariki MB 277 (159 WAR 277) [pdf, 228 KB]

   ...detriment or create unreasonable disadvantage to affected parties; (c) Evidence of a trust failing to adhere to their terms of trust and core accountabilities may be sufficient grounds for termination. [20] The 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 Appellate Court directed that the matter be reheard and consideration be given to the followin...

6. LCRO 046/2018 HD v BK (18 February 2019) [pdf, 113 KB]

   ...scope of review [30] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:6 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

7. [2019] NZEnvC169 Kapiti Coast District Council [pdf, 3.3 MB]

   ...and includes non-school activities, offices, and banks; but excludes residential activities and premises or activities Although the PDP is not operative in full as yet I understand that the rules referred to have taken effect in the absence of any appeals against them. 3 involving retail activities and industrial activities. [6] Ms Foster identified the combined effect of these provisions of the PDP thus:2 The combination of the permitted activity Rule 7 A.1 .1 and the definition...

8. [2020] NZEmpC 111 Cooper v Phoenix Publishing Ltd [pdf, 218 KB]

   ...Publishing Ltd (No 2) [2020] NZEmpC 11. 6 Peter Reynolds Mechanical Ltd t/a The Italian Job Service Centre v Denyer (Labour Inspector) [2016] NZCA 464; [2017] 2 NZLR 451; [2016] ERNZ 828. [17] In Peter Reynolds v Labour Inspector the Court of Appeal indicated a range of factors will be relevant in assessing the level of a fine. They include the nature of the default (whether it is deliberate or wilful), whether it is repeated, without excuse or explanation, and whether it i...

9. LCRO 12/2018 NH and EW v TL and [KT Law] (17 February 2020) [pdf, 102 KB]

   ...scope of review [30] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. 1 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [39]–[41]. 6...

10. [2022] NZEmpC 232 Kang v Saena Company Ltd [pdf, 249 KB]

    ...Kim said that costs should accordingly lie where they fall. Principles [11] Clause 19 of sch 3 of the Employment Relations Act 2000 (the Act) governs the award of costs in the Court. The principles are well known and are set out in Court of Appeal judgments including Victoria University of Wellington v Alton-Lee,7 Binnie v Pacific Health Ltd,8 and Health Waikato Ltd v Elmsly.9 Where the Court is not assisted by an assessment of costs under the scale, a “starting point at 66 pe...