Search Results

1. [2024] NZEnvC 098 Neale Russell Limited v Waikato District Council [pdf, 408 KB]

   ...Management Act 1991, the Environment Court, by consent, orders that: (1) the appeal is allowed subject to the amended plan provisions attached as Appendix A to this order; and (2) the appeal is resolved in its entirety. B: Under section 285 of the Resource Management Act 1991, there is no order as to costs. REASONS Introduction [1] This consent determination relates to an appeal by Neale Russell Limited (NRL or the Appellant) against parts of the decisions of Waikato Distr...

2. Soulsby v Accident Compensation Corporation (Leave to appeal to the High Court) [2024] NZACC 204 (11 December 2024) [pdf, 272 KB]

   ...of appeals ACAR 19/23 and ACAR 20/23. [4] On 29 July 2024, Ms Becroft informed the Court of the additional two applications for leave and she requested the Court consider issuing additional decisions regarding ACAR 19/23 and ACAR 20/23. [5] The two leave applications were transferred to me on 9 December 2024 for determination. The law applying to leave to appeal applications [6] Section 162(1) of the Act provides that leave is required for a party to appeal a decision of...

3. [2024] NZEnvC 001 Havelock Village Limited v Waikato District Council [pdf, 2.9 MB]

   ...relevant chapters in the Proposed Waikato District Plan are amended in accordance with Appendix 1 to this order; (2) the planning maps are amended in accordance with Appendix 2 to this order; and (3) the appeals remain extant. B: Under section 285 of the Resource Management Act 1991, there is no order as to costs. REASONS Introduction [1] This consent order resolves the parts of two appeals as they relate to Waikato District Council’s decision on the Proposed Waikato Di...

4. [2025] NZEmpC 48 Brown v The Clinician Holdings Ltd [pdf, 287 KB]

   CRAIG BROWN v THE CLINICIAN HOLDINGS LIMITED [2025] NZEmpC 48 [17 March 2025] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2025] NZEmpC 48 EMPC 355/2023 IN THE MATTER OF an application for a declaration under s 6(5) of the Employment Relations Act 2000 BETWEEN CRAIG BROWN Plaintiff AND THE CLINICIAN HOLDINGS LIMITED Defendant Hearing: 21–25 October 2024 Appearance

5. [2009] NZEmpC AC 31/09 Ora Ltd v Kirkley [pdf, 80 KB]

   ...witnesses. I advised them that their agreement not to cross-examine meant that they were not testing the evidence of those witnesses and they were to be taken as accepting what those witnesses stated in their briefs. Counsel agreed to that course. [5] Three witness were called for the plaintiff: Brett Cullen was the former manager of the plaintiff and the financial director of the group of companies of which the plaintiff was a part; his wife, Susan Cullen, was the sole shareholde...

6. Nikora v Trustees of Tuhoe - Te Uru Taumatua Trust (2021) 252 Waiariki MB 157 (252 WAR 157) [pdf, 342 KB]

   252 Waiariki MB 157 I TE KOOTI WHENUA MĀORI O AOTEAROA I TE ROHE O TE WAIARIKI In the Māori Land Court of New Zealand Waiariki District A20190007318 A20190007931 WĀHANGA Under Sections 19, 67, 237, 238 and 240, Te Ture Whenua Māori Act 1993 MŌ TE TAKE In the matter of TŪHOE - TE URU TAUMATUA I WAENGA I A Between PAKI NIKORA ON BEHALF OF TE KAUNIHERA KAUMĀTUA O TŪHOE Te Kaitono Applicant ME And TRUSTEES OF TŪHO

7. LCRO 27/2021 BK v RQ (27 August 2021) [pdf, 223 KB]

   ...passed away on 6 April 2018. [3] Mr HM was appointed the sole executor for CK’s estate. [4] In his capacity as executor, Mr HM instructed Ms RQ to act as solicitor for the estate. 2 The complaint and the Standards Committee decision [5] Ms BK and Ms WT lodged a complaint with the New Zealand Law Society Complaints Service (NZLS) on 25 September 2019. [6] Their complaint when first articulated, raised a number of concerns regarding the manner in which Mr HM had carried out...

8. Walters v Wikiriwhi - Oruanui 9 and Others [2021] Maori Appellate Court MB 102 (2021 APPEAL 102) [pdf, 350 KB]

   ...occupation of the homestead. In his submission divided loyalties influenced the decisions made by the remaining trustees and they were clearly in breach when they allowed those divided loyalties to influence the outcome. Te Ture – The Law [52] Clauses 5 and 6 of the Trust Order state: 5 Personal Interest of Trustees Notwithstanding any general rule of law to the contrary no person shall be disqualified from being appointed or from holding office as a Trustee or as a represen...

9. [2017] NZEnvC 187 Hawkes Bay Fish Game Council v Hawkes Bay Regional Council [pdf, 11 MB]

   ...and closing submissions. F. Costs are reserved. REASONS Introduction' [1] Hawke's Bay Fish and Game Council ('HBFG') appealed against the decision of Hawke's Bay Regional Council ('HBRC') on proposed Change 5 ('PC5') to the Hawke's Bay Regional Resource Management Plan ('RRMP'). Royal Forest and Bird Protection Society of New Zealand ('RFB'), Te Tumu Paeroa (on behalf of the Maori Trustee) ('MTB') an...

10. [2021] NZEnvC 164 Otago Regional Council [pdf, 4 MB]

    OTAGO REGIONAL COUNCIL – PLAN CHANGE 7 – INTERIM DECISION IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2021] NZEnvC 164 IN THE MATTER of the Resource Management Act 1991 AND of a notice of motion under section 149T(2) to decide proposed Plan Change 7: Water for Otago (referred to the Environment Court by the Minister for the Environment under s 142(2)(b) of the Act) BETWEEN OTAGO REGIONAL COUNCIL (ENV-2020-CHC-127)