Search Results

1. [2022] NZEmpC 174 Ashby v NIWA Vessel Management Ltd [pdf, 279 KB]

   ...Authority’s determination on that issue. NIWA Vessel submits that if Ms Ashby had wished the Authority to award more than $20,000, she should have filed an amended statement of problem in the Authority. [42] NIWA Vessel relies on the Court of Appeal’s judgment in McCulloch and Partners v Smith.8 The appeal was from a judgment of the Employment Court in which the Employment Court had awarded a plaintiff $27,500 even though they had only sought $15,000 in their statement of...

2. LCRO 42/2022 QA v Kennelly (19 April 2023) [pdf, 232 KB]

   ...corrected on review, and the findings of unsatisfactory conduct should be dismissed. Nature and scope of review [69] The High Court has described a review by this Office in the following way:20 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determination are entitled to a review based on the LCRO’s own opinion rather than on deference to the view of the Committee. A review by the LCRO is informal, inquisitorial and robust. It...

3. [2023] NZEnvC 162 Allison v Clutha District Council [pdf, 2.7 MB]

   Allison & Toko Golf Club Inc v Clutha District Council IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2023] NZEnvC 162 IN THE MATTER of the Resource Management Act 1991 AND an appeal under s120 of the Act BETWEEN ALLISON & TOKO GOLF CLUB INCORPORATED (ENV-2023-CHC-6) Appellants AND PIONEER ENERGY LIMITED Applicant AND CLUTHA DISTRICT COUNCIL Respondent Environment Judge P A Steven – sitting alone under s279...

4. [2023] NZEmpC 193 Le Gros v Fonterra Cooperative Group Ltd [pdf, 284 KB]

   ...the Court does is specialised – it involves the resolution of issues between parties to employment relationships within the industrial relations framework. All of this receives statutory recognition, including via ss 214(1) and 216, limiting appeals against a decision on the construction of either an individual employment agreement or a collective employment agreement, and (when deciding an appeal) requiring regard to be had to the special jurisdiction of the Court, the objects o...

5. [2024] NZEnvC 111 Scaife v Queenstown Lakes District Council [pdf, 255 KB]

   SCAIFE V QLDC – TOPIC 38 – FINAL DECISION IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2024] NZEnvC 111 IN THE MATTER of the Resource Management Act 1991 AND an appeal under clause 14 of the First Schedule of the Act BETWEEN JAN-MARC SERVAAS SCAIFE (ENV-2021-CHC-022) Appellant AND QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Environment Judge J J M Hassan Environment Commissioner J T Baines Hearing: On...

6. LCRO 160/2024 XT v YQ (27 June 2025) [pdf, 219 KB]

   ...contained a cross-reference to clause 7.2. In context, the cross-reference appeared to be an error. The Family Court Judge found that the reference to clause 7.2 “…was a clerical error and it should read 9.2”.5 [29] The applicant unsuccessfully appealed the Family Court’s main decision. He apparently also applied unsuccessfully to the High Court to recall the probate granted of Mr X’s will. [30] In total, the respondent’s firm charged the estate about $84,000 in legal...

7. [2019] NZEnvC 041 Oceana Gold New Zealand Limited v Otago Regional Council [pdf, 1.3 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2019] NZEnvC41 of the Resource Management Act 1991 of appeals under clause 14 of Schedule 1 to the Act OCEANA GOLD (NEW ZEALAND) LIMITED (ENV-2016-CHC-103) ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV-2016-CHC-102) ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED (ENV-2016-CHC-122) Appellants OTAGO REGIONAL COUNCIL Respondent...

8. [2011] NZEmpC 111 Gaut v BP Oil NZ Ltd costs [pdf, 108 KB]

   ...favour of BP, alternatively, costs should lie where they fall. [7] I now turn to consider the grounds advanced by Ms Turner in support of her submissions. No costs incurred [8] Ms Turner highlighted the principle confirmed by the Court of Appeal in Binnie 5 and Victoria University of Wellington v Alton-Lee 6 that costs awarded in the Court should amount to a reasonable contribution to costs actually and reasonably incurred by the winning party. But counsel submitted that on...

9. [2009] NZEmpC AC 26/09 Merchant v CE of the Department of Corrections [pdf, 35 KB]

   ...discretion to make orders as to costs but, as with all such discretions, it must be exercised judicially and in accordance with principle. The key principles applicable to the Court’s discretion to award costs have been set out by the Court of Appeal in three very well known decisions: Victoria University of Wellington v Alton- Lee [2001] ERNZ 305, Binnie v Pacific Health Ltd [2002] 1 ERNZ 438 and Health Waikato Ltd v Elmsly [2004] 1 ERNZ 172. [3] The fundamental purpose...

10. Kaka v Ruapehu District Council - Ohura South N2E1B (2014) 328 Aotea MB 176 (328 AOT 176) [pdf, 195 KB]

    ...rehearing, the court may affirm its former determination, or may vary or annul that determination, and may exercise any jurisdiction that it could have exercised on the original hearing. (6) When a rehearing has been granted, the period allowed for an appeal to the Maori Appellate Court shall not commence to run until the rehearing has been disposed of by a final order of the court. [18] In Edwards v Whakatohea Māori Trust Board the Māori Appellate Court discussed the grounds w...