Search Results

1. [2023] NZEnvC 254 G I Finlay Trustees Ltd v Western Bay of Plenty District Council [pdf, 299 KB]

   ...application to rezone land at Te Puna Station Road (which is the location of the current abatement notice) from rural to rural industrial (the Te Puna Business Park Zone). [2] The Western Bay of Plenty District Council (Council) declined that request, and it was appealed to the Environment Court in 2003. The Environment Court subsequently granted the plan change in June 2005 having found that:1 … the granting of this change would avoid ad hoc development in this area, which has...

2. [2012] NZEmpC 25 Air New Zealand Ltd v Milne [pdf, 117 KB]

   ...Milne’s claims, resulting in the filing of an amended statement of problem. These difficulties are set out in minutes from the Authority member, dated 27 October 2009 and 25 February 2010. [6] The applicant wrote to Ms Milne on 29 April 2011 requesting payment of the $8,000 awarded against her in the Authority on 6 April 2011, and requesting her agreement to pay security for costs in the Employment Court proceedings. She declined both requests, by way of letter dated 10 May 2011...

3. CAC 10014 v Charles [2011] NZREADT 13 [pdf, 98 KB]

   ...at a price of $300,000 negotiable and her clients, as she continued to describe them, at first wanted to make an offer of $280,000. [20] The defendant then said that before presenting Ms Chand and her partner with any offer from her clients she requested that she sign a listing form for the property. Her evidence was that Ms Chand refused but made enquiry as to her commission rates, which were 4% on the first $300,000 and then 2% thereafter. [21] The defendant’s evidence was t...

4. ENVC paper Legal Aid Assistance Fund Conference 2015 [pdf, 214 KB]

   ...22. A technique employed by the Judges from time to time is the judicial settlement conferences, usually in circumstances where parties have got stuck on an issue in mediation or expert conferencing. This can be particularly useful when other forms of ADR have produced a result that the unresolved issue is the last item standing in the way of final resolution of a case. Once again, good preparation by all involved is key, including by the judges. 6 Paper Environmental L...

5. [2013] NZEmpC 79 Auckland Council v George [pdf, 117 KB]

   ...and reserving leave to bring any unresolved issues back before the Court. 5 In relation to the remaining TEAM documents sought on disclosure Judge Travis observed that: [23] ... Mr Clarke’s submissions annexed a table showing the documents requested by Ms George, where they have either been disclosed already or where they do not exist, and the evidence in support of those propositions. [24] I accept those submissions. Ms George clearly believes that in accordance with the ARC...

6. Nelson Standards Committee v Dallison [2011] NZLCDT 40 [pdf, 66 KB]

   ...2 DECISION OF THE NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [1] The practitioner has admitted a charge of professional misconduct supported by four particulars. Each particular was pleaded in an alternative form, other than particular 3. Those admitted and forming the basis for penalty are as follows: (a) In contravention of Chapter 3.4 and/or Chapter 3.5 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (“the R...

7. Wellington Standards Committee v Lester [2015] NZLCDT 23 [pdf, 93 KB]

   ...did not tell it that the matter was at an end, but continued to advise that the matter was awaiting a hearing. (vii) She continued in this vein in May 2013, August 2013, October 2013 and December 2013. (vii) In January 2014, in response to a request from the client for an update, she continued to fail to advise her client that the claim had come to an end but rather that the matter would be called for case management purposes on 27 February 2014. In an attempt to repair the s...

8. [2015] NZEmpC 97 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 268 KB]

   ...Regard must be had to the court-directed part of the document disclosure exercise, the first instance of which was the second interlocutory judgment delivered on 4 December 2014. [12] The plaintiff says that on 22 January 2015 the defendant requested an extension of time to comply with the Court’s 4 December 2014 orders “as it did not consider complying with the Orders a business priority”. Then, the plaintiff says, on 13 February 2015 the defendant provided “grossly def...

9. [2016] NZEnvC 255 Save Erskine College Trust v Erskine Development Limited (formerly known as A Good Day Out Charters Limited) [pdf, 292 KB]

   ...AND Decision No. [2016] NZEnvC J 55 of an application for interim enforcement orders under section 320 of the Resource Management Act 1991 (RMA) SAVE ERSKINE COLLEGE TRUST (ENV-2016-WLG-000069) Applicant ERSKINE DEVELOPMENTS LIMITED (FORMERLY KNOWN AS A GOOD DAY OUT CHARTERS LIMITED) SOUTHWARDS TRUST COMPANY LIMITED THE WELLINGTON COMPANY LIMITED Respondents Court: Principal Environment Judge Newhook sitting alone under s 279 of the Act Hearing: at Wellington on 20

10. Gunson - Waikawa Village Section 10C3 (2016) 35 Te Waipounamu MB 248 (35 TWP 248) [pdf, 194 KB]

    ...children, and Steven Gunson, oppose the application. Procedural history [4] The applicant applied for the vesting order on 18 March 2015. Shortly before the hearing set down for 18 May 2015, the Court received correspondence from Steven Gunson requesting an adjournment because the Gunson whānau had only just learnt of the application and wished to meet with the applicant to discuss it. Accordingly, I adjourned the application and a whānau hui took place on 26 July 2015 and minu...