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1. [2019] NZEnvC 178 Chapel Road Partnership Trust v Auckland Council [pdf, 25 MB]

   BEFORETHEEN~RONMENTCOURT I MUA I TE KOOTI TAIAO O AOTEAROA Court: Hearing: Appearances: Date of Decision: Date of Issue: IN THE MATTER AND BETWEEN AND Decision No. [2019] NZEnvC 178 of the Resource Management Act 1991 (the Act) of an appeal pursuant to s120 of the Act 508 CHAPEL ROAD PARTNERSHIP TRUST AppellanUApplicant (ENV-2018-AKL-281) AUCKLAND COUNCIL Respondent Judge J A Smith Commissioner A C E Leijnen Commissioner M Mabin 7 and 9 October 2019...

2. [2021] NZACC 50 - Astle v ACC (17 March 2021) [pdf, 224 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 50 ACR 18/19 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN ADELE ASTLE Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 11 February 2021 Heard at: Christchurch/Otautahi Appearances: Mr T Yates, advocate for the appellant via telephone Mr H Evans f...

3. Marshall v Ratu - Whangape Lot 65B Sec 2A Block (2021) 227 Waikato Maniapoto MB 148 (227 WMN 148) [pdf, 400 KB]

   ...on piles and more easily moved. Whether the house was intended to be a permanent structure on the land is also relevant.7 5 Tihi v Nuku – Ruatoki B Sections 23, 25, 26B, 27, 31, 32, 33B2C2, 38, 79 [2019] Māori Appellate Court MB 531 (2019 APPEAL 531) at [25]. 6 See Skipper v Skipper – Awanui Haparapara 9 (2017) 159 Waiariki MB 3 (159 WAR 3). 7 See Auckland City Council v Ports of Auckland [2000] 3 NZLR 614, adopting the approach set out by the House of Lords in Elitestone...

4. [2023] NZEnvC 069 Transpower New Zealand Ltd v Queenstown Lakes District Council [pdf, 608 KB]

   ...TOPIC 1 SUBTOPIC 4; TOPIC 2 SUBTOPIC 11; TOPIC 17 AND RSI OF STAGE 1 IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2023] NZEnvC 69 IN THE MATTER of the Resource Management Act 1991 AND appeals under clause 14 of the First Schedule of the Act BETWEEN TRANSPOWER NEW ZEALAND LIMITED and all other appellants concerning Topic 1, Topic 2, Topic 17 and RSI of Stage 1 of the Proposed Queenstown Lakes District Plan (ENV-2018-CHC-9...

5. [2022] NZEnvC 165 Wilson Parking Limited v Christchurch City Council [pdf, 4.9 MB]

   WILSON PARKING LIMITED v CCC – CONSENT ORDER IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2022] NZEnvC 165 IN THE MATTER of the Resource Management Act 1991 AND an appeal under s 120 of the Act BETWEEN WILSON PARKING LIMITED (ENV-2022-CHC-18) Appellant AND CHRISTCHURCH CITY COUNCIL Respondent Environment Judge J E Borthwick – sitting alone under s 279 of the Act In Chambers at Christchurch Date of Consent Order:...

6. [2022] NZEnvC 135 Timu v Queenstown Lakes District Council [pdf, 4.9 MB]

   TIMU & SIMMERS v QLDC – CONSENT ORDER IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2022] NZEnvC 135 IN THE MATTER of the Resource Management Act 1991 AND an appeal under s120 of the Act BETWEEN J K TIMU, K M TIMU & H D SIMMERS (ENV-2021-CHC-100) Appellants AND QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Environment Judge J J M Hassan – sitting alone under s279 of the Act In Chambers at Christchurch D...

7. [2010] NZEmpC 81 Chen v NZ Sugar Co Ltd [pdf, 22 KB]

   ...memorandum has given no indication as to his present financial position. In the circumstances, therefore, I infer that he is in a position to meet any costs award against him. I further note that since issuing my judgment Mr Chen has filed an appeal in the Court of Appeal and indeed he mentions that in his memorandum. [5] In his memorandum, Mr Towner indicates that the defendant has incurred legal costs amounting to $19,550 in relation to the plaintiff’s challenge to the Employ...

8. [2012] NZEmpC 147 Alim v LSG Sky Chefs Ltd [pdf, 69 KB]

   ...Authority may follow or adopt a particular procedure. [17] This sub-section is substantially the same as 179(5) which has been the subject of a number of decisions of this Court. In X v Bay of Plenty District Health Board, 1 I followed two Court of Appeal decisions, Winstone Pulp International Ltd v Attorney-General 2 and Bevan-Smith v Reed Publishing (NZ) Ltd 3 and the approach adopted by Judge Couch in Oldco PTI (New Zealand) Ltd v Houston. 4 I stated: [35] … Followin...

9. CAC20002 v Chand [2015] NZREADT 60 [pdf, 108 KB]

   ...to avoid liability under s.72. We agree. In Clark, we had found as a matter of fact that there had been oral advice that one of the licensees may benefit financially from the transaction but we still made a finding of unsatisfactory conduct. On appeal, Moore J observed that it followed from the oral advice that the licensees understood the moral need to alert the purchaser of the potential benefit, even if they did not know of the specific requirements imposed on them by s.136 (the Co...

10. [2015] NZEmpC 220 Wellington Free Ambulance Service Inc v Austing costs [pdf, 67 KB]

    ...1 Wellington Free Ambulance Service Inc v Austing [2015] NZEmpC 164. [2] In his submissions, Mr McBride, counsel for the plaintiff, appropriately referred to the plea made by the Court of Appeal in 2001 for counsel practising in the employment field to “reflect on the consequences of conducting litigation without proper focus on the issues and without tight control on the escalation of costs.” 2 Hopefully in this regard,