Search Results

1. [2015] NZEmpC 201 Owen v CE of the Department of Corrections [pdf, 174 KB]

   ...Defendant Hearing: 2 November 2015 (heard at Auckland) Appearances: B Henry and A Dunlop, counsel for the plaintiff T Sewell and J Dobson, counsel for the defendant Judgment: 16 November 2015 JUDGMENT OF JUDGE B A CORKILL Introduction [1] The Department of Corrections (the Department) has raised an objection as to jurisdiction. It is contended that s 179(5) of the Employment Relations Act 2000 (the Act) precludes the Court from hearing a...

2. Effective Lawyering in the New Plan Making Paradigm [pdf, 588 KB]

   Judge Hassan & Judge Kirkpatrick  Effective Lawyering in the New Plan-Making Paradigm 39 EFFECTIVE LAWYERING IN THE NEW PLAN-MAKING PARADIGM Environment Judge John Hassan Environment Judge David Kirkpatrick Christchurch Auckland Some learnings from the Auckland Unitary Plan and Christchurch Replacement District Plan processes Introduction [1] The Auckland Unitary Plan (AUP) and Christchurch Replacement District Plan (CRDP) inquiries could become the models for a...

3. [2011] NZEmpC 145 Te Runanga O Kirikiriroa Trust Incorporated v Allen [pdf, 84 KB]

   ...29 September 2011 and 7 October 2011 and telephone directions conference on 21 October 2011) Counsel: Alex Hope, counsel for the plaintiff Rose Alchin, counsel for the defendant Judgment: 3 November 2011 INTERLOCUTORY JUDGMENT OF JUDGE A D FORD [1] In the course of a judicial settlement conference (JSC) held on 28 and 29 July 2011 an issue arose between the parties as to whether, in the event of a settlement, the Court had jurisdiction to make an order prohibiting...

4. [2013] NZEmpC 61 Alatipi v CE of the Department of Corrections [pdf, 56 KB]

   ...CORRECTIONS Intended Defendant Hearing: By memoranda of submissions dated 4 and 13 March 2013 Counsel: Gregory Bennett, advocate for the plaintiff Juliet Dobson, counsel for the defendant Judgment: 15 April 2013 JUDGMENT OF JUDGE A D FORD [1] Mr Willie Alatipi has made application for leave to challenge a determination 1 of the Employment Relations Authority (the Authority) which was issued on 28 January 2013. The application is necessary because Mr Alatipi...

5. Hawkes Bay Standards Committee v Romana [2009] NZLCDT 20 [pdf, 22 KB]

   ...Decision No. [2009] NZLCDT 20 LCDT 016/09 and 023/09 IN THE MATTER of the Lawyers and Conveyancers Act 2006 BETWEEN HAWKES BAY STANDARDS COMMITTEE Applicant AND TAASHA ROMANA Respondent CHAIR Judge D F Clarkson MEMBERS OF TRIBUNAL Ms S Sage Mr L Cooney Ms A de Ridder Mr P Shaw HEARING at Napier on 23 November 2009 APPEARANCES Mr R Fowler on behalf of Hawkes Bay Standards Committee The respondent in pe...

6. [2019] NZEnvC 018 Careys Bay Association Incorporated v Dunedin City Council [pdf, 350 KB]

   ...Resource Management Act 1991 AND of an appeal pursuant to clause 14(1) of the First Schedule of the Act BETWEEN CAREYS BAY ASSOCIATION INCORPORATED (ENV-2018-CHC-223) Appellant AND DUNEDIN CITY COUNCIL Respondent Court: Environment Judge J R Jackson Hearing: In Chambers at Christchurch Date of Decision: 12 February 2019 Date of Issue: 12 February 2019 REVIEW OF REGISTRAR’S DECISION A: Under section 281B(3) of the Resourc...

7. Remote Participation Hearing Quick Reference Guide Remote participation for external parties v1.2 [pdf, 355 KB]

   COVID-19 REMOTE PARTICIPATION HEARINGS – EXTERNAL PARTIES Court registry officer in court, judge and all parties remote – Quick Reference Guide 8 April 2020 We are continuing essential court hearings during the COVID-19 Alert Level 4 lockdown. Physical distancing (limiting in- person contact) is in place to protect the health and safety of the public and our staff. This guide outlines how a remote participation hearing is run and explains how multiple parties are connected. To u...

8. [2022] NZACC 176 — Robin v ACC (12 September 2022) [pdf, 157 KB]

   ...Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: On the papers Submissions: S Beacham for the appellant A Miller and R Mould for the respondent Judgment: 12 September 2022 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for costs, Accident Compensation Act 2001] Introduction [1] In this matter, Mr Robin appealed against the decision of a Reviewer dated 29 July 2020. The Reviewer had dismissed an application for review of the Corp...

9. [2022] NZEnvC 211 Auckland Council v Teddy and Friends Limited [pdf, 190 KB]

   ...Decision [2022] NZEnvC 211 IN THE MATTER OF an appeal under s 316 of the Resource Management Act 1991 BETWEEN AUCKLAND COUNCIL (ENV-2021-AKL-159) Appellant AND TEDDY AND FRIENDS LIMITED ANGELA MAREE BEER Respondents Court: Judge J A Smith Hearing: 17 October 2022 via Microsoft Teams Appearances: K Fraser and J Magrath for Auckland Council B Carruthers for Teddy and Friends Limited and Angela Beer Date of Decision: 18 October 2022 Date of Issue: 18 Octobe...

10. Stewart v Accident Compensation Corporation (Costs on appeal) [2023] NZACC 21 [pdf, 144 KB]

    ...AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: On the papers Representatives: K Koloni for the Appellant P McBride for the Accident Compensation Corporation Judgment: 3 February 2022 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for costs, Accident Compensation Act 2001 (“the Act”)] Introduction [1] This judgment concerns costs relating to Ms Stewart’s appeal which was upheld by the Court.1 In a judgment on 10 October 2022, the Court...