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1. Heitia v Downs - Succession to Te Wetini Ngatai [2025] Chief Judge's MB 1 (2025 CJ 1) [pdf, 364 KB]

   ...that standard’s inherent flexibility that takes into account the nature and gravity of the matter at issue.21 This means that the applicant must establish on the balance of probabilities that there was a mistake or omission. [20] The Court of Appeal has confirmed that the power under s 44(1) of the Act falls into two parts:22 The first is an evaluative decision as to whether the order made was “erroneous in fact and law because of any mistake or omission on the part of the c...

2. [2025] NZEmpC 163 Singh v Chand [pdf, 228 KB]

   ...An exacerbating feature is that the compliance orders were for salary and holiday payment, which are minimum entitlements. No explanation or excuses have been advanced by Mr Chand for the failure to pay the amounts ordered. [26] The Court of Appeal in Peter Reynolds Mechanical Ltd v Denyer, identified the primary purpose of s 140(6) as being to secure compliance.10 The Court further noted that the section must be intended to enable the Court to impose some form of sanction for...

3. [2025] NZEmpC 198 Rural Practice Ltd and Abdul Jabbar v A Labour Inspector [pdf, 234 KB]

   ...here, where recusal does not appear to have been considered. [11] The plaintiffs’ acceptance that a decision on recusal was unable to be challenged reflected the Employment Court’s findings in Bowen v National Bank Ltd.7 The Court of Appeal recently declined an application for leave to appeal that judgment.8 It was not persuaded that the argument that a recusal decision is jurisdictional and not procedural for the purposes of s 179(5) was sufficiently strong to warrant a...

4. [2024] NZEnvC 176 Waimarino Queenstown Limited v Queenstown Lakes District Council [pdf, 942 KB]

   ...GROUP LTD v QUEENSTOWN LAKES DISTRICT COUNCIL – INTERIM DECISION IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2024] NZEnvC 176 IN THE MATTER of the Resource Management Act 1991 AND an appeal under s120 of the Act BETWEEN WAIMARINO QUEENSTOWN LIMITED (AS SUCCESSOR TO) B PROPERTY GROUP LIMITED (ENV-2023-CHC-1) Appellant AND QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Environment Judge P A Steven Environmen...

5. ENV-2016-AKL-000TBA Waste Management NZ Limited v Auckland Council [pdf, 1.4 MB]

   Notice of appeal by Waste Management NZ Limited against decisions on the Proposed Auckland Unitary Plan Dated: 16 September 2016 REFERENCE: Paula Brosnahan (paula.brosnahan@chapmantripp.com) Jill Gregory (jill.gregory@chapmantripp.com) In the Environment Court of New Zealand at Auckland ENV-2016-AKL- in the matter of: the Local Government (Auckland Transitional Provisions) Act 2010 (LGATPA) and the Resource Management Act 1991 and:...

6. 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...

7. [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...

8. 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 –...

9. [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...

10. [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...