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1. [2017] NZEnvC 205 Ahureka Trustees no 2 Ltd v Auckland Council [pdf, 4.5 MB]

   ...2) Ltd M J L Dickey and M C Allan for Auckland Council J M Savage for Whitford Residents and Ratepayers Association Date of Decision: 15 December 2017 Date of Issue: 15 December 2017 DECISION OF THE ENVIRONMENT COURT A: Appeal declined B: Costs reserved REASONS Introduction Ahuareka Trustees (No 2) Limited (Ahuareka) appeals a decision of Auckland ouncil (the Council) refusing an application for land use and concept subdivision to 2 establish a hamlet of 186 households...

2. [2011] NZEmpC 67 Pivott v Southern Adult Literacy Inc [pdf, 93 KB]

   ...plaintiffs have identified such, including in their belated application for special leave. Their challenges are dismissed. The plaintiffs’ cases are now free to be investigated on their merits by the Authority. [37] The defendants are entitled to costs on the challenge which, if they cannot be agreed with the plaintiffs, may be the subject of memoranda by the defendants to be filed and served within one month of the date of this judgment and to which the plaintiffs will then...

3. [2011] NZEmpC 78 NZ Tramways and Public Passenger Transport Employees Union & Ors v Wellington City Transport Ltd [pdf, 93 KB]

   ...Authority and a hearing before the Authority may well refine the issues further. [29] The application for special leave has failed to meet the statutory criteria and is, accordingly, dismissed. At this stage I prefer to reserve the question of costs. 7 At [19] and [20]. A D Ford Judge Judgment signed at 4.00 pm on 6 July 2011

4. [2012] NZEmpC 39 Imperial Tobacco New Zealand Limited v Pereira [pdf, 113 KB]

   ...minimal. For these reasons, I allow the application and grant the stay sought which will remain in effect until delivery of judgment following the substantive hearing. In the meantime, Mr Pereira is to remain on the plaintiff‟s payroll. [22] Costs are reserved and I direct the Registrar to arrange an early telephone directions conference to finalise the timetabling leading up to the hearing. A D Ford Judge Judgment signed at 4.10 pm on 2 March 2012...

5. [2010] NZEmpC 70 Electrix Ltd v NZ Amalgamated Engineering Printing and Manufacturing Union [pdf, 39 KB]

   ...the respective strength of the arguments in support of whether there was a serious question to be tried, I am not persuaded that in all the present circumstances an interim injunction should issue. The application is therefore declined. [34] Costs are reserved. B S Travis Judge Oral judgment delivered at 2.55pm on 31 May 2010 6 [1992] 1 ERNZ 623 at 630.

6. [2012] NZEmpC 131 Matamata Industrial Machinery Imports Ltd v McAllister [pdf, 107 KB]

   ...with any necessary modifications. [44] These reasons for judgment are not to be published other than to the parties, their representatives, the supervising solicitor, and the IT expert, before at least 4pm on Monday 13 August 2012. [45] Costs were reserved on the application. B S Travis Judge Judgment signed at 2.45pm on 3 August 2012

7. [2008] NZEmpC WC 8/08 Sealed Air (NZ) v NZ Amalgamated Engineering Printing & Manufacturing Union [pdf, 39 KB]

   ...“variation”. [34] The company’s proposal to have two immediately adjacent meal breaks on pay does not seem unreasonable in all the circumstances. [35] Each party having been successful at one level, and the case being one about a genuine dispute, costs should lie where they fall. GL Colgan Chief Judge Judgment signed at 12 noon on Monday 19 May 2008

8. [2009] NZEmpC AC 22/09 EBIIWU & Ors v Carter Holt Harvey Ltd [pdf, 42 KB]

   ...the compliance of the EPP with the statute, the defendant a further 4 weeks to respond, with the plaintiffs having a further week thereafter for any submissions in reply. I will then determine that subsequent question. [39] I reserve costs at this stage of the proceeding. GL Colgan Chief Judge Judgment signed at 4.10 pm on Wednesday 27 May 2009

9. [2009] NZEmpC AC 34A/09 NZ Dairy Workers Union v Open Country Cheese Company Ltd [pdf, 37 KB]

   ...To be lawful under s83 as a lockout, the employer must lockout to obtain a collective agreement, not to avoid one. [30] For these reasons, I issued a permanent injunction, after inviting counsel to address the appropriate wording. [31] Costs have been reserved and if they cannot be agreed may be the subject of a memorandum, the first of which is to be filed and served within 30 days, with the response to be filed and served within a further 21 days. B S Tra...

10. [2013] NZEmpC 27 Hall v Dionex Pty Ltd [pdf, 109 KB]

    ...to Transpacific Industries Group (NZ) Limited v Harris [2012] NZEmpC 17 at [28]; NZ Tramways and Public Passenger Transport Employees Union v Wellington City Transport Ltd [2011] NZEmpC 78 at [28]. 17 [2002] 1 ERNZ 74. 18 At [38]. [31] Costs are reserved, at the request of both parties. Christina Inglis Judge Judgment signed at 12.30pm on 7 March 2013