Search Results

1. [2022] NZEmpC 55 Wei v Sunlight JMB Future Ltd [pdf, 189 KB]

   ...Saunders.8 That case was described as one where the High Court made an unless order when security for costs had not been provided a year after it was due. Ms Singleton noted the Court stated that the length of time was generous, something the Court of Appeal subsequently agreed with.9 [13] The delay attributed to Mr Wei was 362 days. To give weight to that submission attention was drawn to the challenge to the Authority’s determination being filed in July 2020 and to the ev...

2. [2023] NZEnvC 087 Aratiatia Livestock Limited v Southland Regional Council [pdf, 193 KB]

   ...provisions not addressed by this decision are: (a) Rule 24: incidental discharges from farming; (b) Policy 30 and Rule 78: weed and sediment removal from modified watercourses; and (c) Appendix N: FEMP. [3] The decision on Rule 24 has been appealed to the High Court. Policy 30 and Rule 78 and finally Appendix N: FEMP have been set down for a hearing in the week commencing 29 May 2023. Documents considered [4] In arriving at this decision, the court considered the following...

3. [2023] NZEnvC 275 Greenacres Waiheke Limited v Auckland Council [pdf, 202 KB]

   ...along with the solid organic waste from septic tanks and grease traps from properties that are connected to the Owhanake Wastewater Treatment Plant. [2] The respondent issued the appellant with an abatement notice on 23 April 2021. The appellant appealed and applied for a stay of abatement notice on 17 May 2021. [3] By Minute of the Environment Court dated 26 May 2021 a stay of abatement notice was granted on an interim basis until 30 June 2021 to enable Court-assisted mediatio...

4. [2024] NZEnvC 027 Greenacres Waiheke Limited v Auckland Council [pdf, 209 KB]

   ...along with the solid organic waste from septic tanks and grease traps from properties that are connected to the Owhanake Wastewater Treatment Plant. [2] The respondent issued the appellant with an abatement notice on 23 April 2021. The appellant appealed and applied for a stay of abatement notice on 17 May 2021. [3] By Minute of the Environment Court dated 26 May 2021 a stay of abatement notice was granted on an interim basis until 30 June 2021 to enable Court-assisted mediatio...

5. 2023-10-17-Muaupoko-legal-subs-for-24-October-EC-hearing.pdf [pdf, 178 KB]

   ...https://www.horowhenua.govt.nz/files/assets/public/v/2/districtplan2015/ppc4/proposed-plan-change-4-tara-ika- growth-area-chapter-6a-tara-ika-objectives-and-policies-decision-version-14-june-2022.pdf Page 5 - Muaūpoko Accidental Discovery and Tikanga Protocol to be observed during site works. 12.4 All appeals on the Plan were recently settled and no appeals were taken on those statements. 12.5 The nature and extent of the Ngāti Raukawa raupatu in the early 19th century w...

6. [2025] NZREADT 37- IM v REAA (26 August 2025) [pdf, 234 KB]

   ...consideration; or (4) was plainly wrong. [16] It was submitted by the Registrar that, subject to these limitations, the Registrar’s decision must be confirmed, even if the Tribunal might come to a different decision on the merits if it was a general appeal. [17] We accept counsel’s submissions as to the nature of this review. We will, in deciding whether these limited grounds of review have been made out, need to make some assessment of the merits, without reaching any conclu...

7. [2025] NZEmpC 151 Lee v Yamaya and Ors [pdf, 185 KB]

   ...the person in default be fined a sum not exceeding $40,000: (e) order that the property of the person in default be sequestered. [9] In Peter Reynolds Mechanical Ltd t/a The Italian Job Service Centre v Denyer (Labour Inspector), the Court of Appeal referred to a range of factors to consider in assessing sanctions under s 140(6).3 [10] The factors referred to by the Court of Appeal are not exhaustive but include the nature of the default (that is whether it is deliberate or wilf...

8. Application for waiver (for refund) or fees for an organisation [pdf, 453 KB]

   ...circumstances have changed or they’re changing the reason why they are applying for a waiver. Step 1 Give us the court case details High Court District Court Family Court Please tick the court that this application is for. Supreme Court Court of Appeal Location Confirm the action the organisation intends to take (or has already taken) File a new proceeding File a document in proceedings Name of case Document type Comply with a direction for setting down fees or determin...

9. [2015] NZEmpC 35 Coy v Commissioner of Police [pdf, 592 KB]

   ...the first s 103A of the Act had yet to be enacted. The most recent and authoritative statement of the test of justification (in that case for dismissal but applicable also to disadvantage grievances) was set out in the judgment of the Court of Appeal in W & H Newspapers Ltd v Oram as follows: 7 [44] … whether it was open to the employer, acting fairly and reasonably, to have seen that [dismissal] as the appropriate response to [the employee’s] conduct. … [46] … [wh...

10. [2017] NZEnvC 090 Pierau v Auckland Council [pdf, 2.1 MB]

    ...consent application is made, on the one hand; and (b) Section 86F RMA (replacing s 19), which provides that a rule in a proposed plan must be treated as operative, and any previous rule as inoperative, if the time for making submissions or lodging appeals on the rule has expired and there have been no submissions/appeals in opposition or those submissions/appeals have been determined, 6 withdrawn or dismissed. [16] Counsel for the appellant drew our attention to some slightl...