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1. [2022] NZEmpC 101 UXK v Talent Propeller Ltd [pdf, 357 KB]

   ...threshold issues. [38] It is well established that what is a “determination” is to be interpreted broadly. Section 179(5)(a) reflects that determinations can include procedural decisions that might be termed elsewhere either as interlocutory judgments or minutes.3 [39] The way in which a document from the Authority is described is not determinative of whether it is a determination.4 [40] Here, there are two documents, described as “Minutes”. But they resolve conteste...

2. Waitangi Tribunal theme I - Māori and rating law [pdf, 549 KB]

   ...23. Other methods tried were an acreage basis – tried in Otago – and ‘capital value’ – tried in Nelson. 7. C Scott, Local and Regional Government in New Zealand Function and Finance, 1979, p 41. This change is noted in the Maori Land Court judgment of Spencer J in Grigg v Mangonui County Council, pp 15–16, DB, p 229. 2 Maori and Rating Law 3 not made an enemy for me and some cases both with Europeans and Natives and solicitors acting for them.8 This bears out the allegation in...

3. [2012] NZEmpC 57 Foai v Air New Zealand Ltd [pdf, 265 KB]

   ...Plaintiff AND AIR NEW ZEALAND LIMITED Defendant Hearing: 31 October and 1 November 2011, 24 November 2011 (Heard at Wellington) Appearances: Johanne Greally, counsel for the plaintiff Tim Cleary, counsel for the defendant Judgment: 4 April 2012 JUDGMENT OF JUDGE A D FORD Introduction [1] During the course of a 16-month period between July 2007 and November 2008, the defendant (Air New Zealand) overpaid Mr Foai, who was then on its payroll, a total o...

4. Wall v Malone [2010] NZWHT Auckland 21 [pdf, 262 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2009-100-000021 [2010] NZWHT AUCKLAND 21 BETWEEN SHARON and DAVID WALL Claimants AND JANE ALISON MALONE AND ESTATE OF STEPHEN DAVID MALONE First Respondents AND NORTH SHORE CITY COUNCIL Second Respondent AND JOHN FINLAY (Removed) Third Respondent AND WILLIAM CARL BRAHNE (Removed) Fourth Respondent AND PHILLIP NEVILLE WARREN (Removed) Fifth Respondent Hearing: 25, 26 and 30 March 2010 Final Written sub

5. Darby Trust v Auckland Council & Ors [2013] NZWHT Auckland 1 [pdf, 283 KB]

   ...(b) Anthony Lawrence Allen, who is alleged to have been the developer of the property or the head contractor or the project manager. (c) Cedric Dudley French, who is alleged to have been the builder of the house. [5] The claimants seek judgment against the Council, Mr Allen and Mr French in relation to their respective roles in the construction and certification of their home. All respondents defended the Darby’s claims and advanced claims of contribution and/or indemnity...

6. LCRO 162/2018 BQ v XR (29 September 2020) [pdf, 267 KB]

   ...on the evidence before her. Nevertheless, as the Guidelines properly recognise, where the review is of the exercise of a discretion, it is appropriate for the Review Officer to exercise some particular caution before substituting his or her own judgment without good reason. [32] More recently, the High Court has described a review by this Office in the following way:3 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determinat...

7. [2017] NZEnvC 165 Yaldhurst Quarries Joint Action Group v Christchurch City Council [pdf, 5.2 MB]

   ...general principles to be distilled from Dye. The discussion is summarised by Judge Thompson for the court in Outstanding Landscape Protection Society Incorporated v Hastings District Council:8 [51] There is a passage in the Court of Appeal's judgment in Dye v Auckland Regional Council [2001] NZRMA 513 which, taken literally, appears to hold that cumulative effect can only be one that arises from the proposed activity: ... All of these are effects which are going to happen as a...

8. [2023] NZEnvC 068 Royal Forest and Bird Protection Society of New Zealand Incorporated v West Coast Regional Council [pdf, 827 KB]

   ROYAL FOREST & BIRD v WCRC & BDC & STEVENSON MINING – DECISION IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2023] NZEnvC 68 IN THE MATTER of the Resource Management Act 1991 AND an appeal under s120 of the Act BETWEEN ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV-2017-CHC-90) Appellant AND WEST COAST REGIONAL COUNCIL AND BULLER DISTRICT COUNCIL Respondents AND STEVENSON MINI

9. Final-Technical-Assessment-H-Water-Quality-v2.pdf [pdf, 1.9 MB]

   ...rivers and the overall level of effects of the Ō2NL Project on aquatic ecology. 23. The EcIA approach provides a structured, consistent and transparent method of assessing effects. However, it does not replace the need for sound ecological judgement. In simple terms, the EcIA uses a matrix to assess the overall level of effects of an activity based on the ecological values of the site affected and the magnitude of effect. Key steps in the EcIA process are: (a) Assess the eco...

10. [2017] NZEnvC 204 City Rail Link Limited Successor to Auckland Transport v Auckland Council [pdf, 5.7 MB]

    BEFORE THE ENVIRONMENT COURT Court: Hearing: Appearances: IN THE MATTER AND BETWEEN AND Decision No. [2017] NZEnvC 2cft- of the Resource Management Act 1991 of an appeal pursuant to s 198E of the Act CITY RAIL LINK LIMITED ('CRLL') (SUCCESSOR TO AUCKLAND TRANSPORT) KIWIRAIL HOLDINGS LIMITED (ENV-2017-AKL- 000059) Requiring Authorities AUCKLAND COUNCIL Territorial Unitary Authority Principal Environment Judge Newhook Environment Commissioner RM Dunlo