Search Results

1. [2023] NZEnvC 174 Barbican Securities Limited v Auckland Council [pdf, 292 KB]

   ...Part 2. Overall Evaluation [87] We now exercise our discretion in the light of our findings. In doing so, we are to have regard to such matters listed in s 104 of the Act as are relevant. The exercise of our discretion requires us to make a judgement in terms of s 104B of the Act to grant or refuse consent. That judgement has to be made to achieve the purpose and principles of the Act set out in Part 2. [88] We find the adverse effects of the application to be less than minor in...

2. [2025] NZEmpC 147 Al-Bustanji v Corrections Assoc of New Zealand Inc (Interlocutory judgment (No 4) [pdf, 256 KB]

   ...Applicant AND CORRECTIONS ASSOCIATION OF NEW ZEALAND INCORPORATED Respondent Hearing: On the papers Appearances: M O’Flaherty and A Little, counsel for applicants JM Roberts and K Kleingeld, counsel for respondent Judgment: 18 July 2025 INTERLOCUTORY JUDGMENT (NO 4) OF JUDGE KATHRYN BECK (Application for leave to extend time to file a challenge to an objection to disclosure) [1] This judgment resolves an application by the a...

3. [2018] NZEmpC 6 Performance Cleaners All Property Services Wellington Ltd v Chinan [pdf, 185 KB]

   ...what he described as “strong countervailing considerations” as had been identified in Stewart and Trans Otway.5 As he had not heard argument on the issue, he was not prepared to depart from the reasoning in those cases. [9] In New Zealand Air Line Pilots’ Assoc v Airways Corp of New Zealand Ltd, Judge Ford revisited the issue.6 On this occasion he disagreed with the conclusion 2 Vice-Chancellor of Lincoln University v Stewart...

4. [2020] NZEnvC 001 Environmental Defence Society v Thames Coromandel District Council [pdf, 2.3 MB]

   ...substantially less than the unrestricted range of matters that would be relevant to a discretionary assessment in an area of outstanding natural character in light of the objectives and policies in Section 7 A of the proposed Plan. [59] In our judgment, Mr Brown was right to accept that the CEL on the southern part /;~jf;i_:·-t;/):;,,\, of the property should be moved seaward to the extent shown on Attachment 8 to his ,.,11..,Y.i"'' /---·-- . ,,,,, '\ ✓ I •...

5. Smith - Waiomu 3B2B2B3B2(2015) 105 Waikato Maniapoto MB 12 (105 WMN 5) [pdf, 185 KB]

   ...Waiomu 3B2B2B3B1B Block JULIE PHYLLIS BEYNON-GAINFORT AND RONA DIANNE BEYNON Applicants Hearing: 24 July 2015 (104 Waikato Maniapoto MB 77-93) (Heard at Thames) Appearances: Mr C Bidois for Peter Charles Smith Judgment: 28 August 2015 REASONS FOR JUDGMENT OF JUDGE S TE A MILROY Copies to: C Bidois, East Brewster Lawyers, P O Box 1742, Rotorua 3040, curtis.bidois@eastbrewster.co.nz mailto:curtis.bidois@eastbrews...

6. [2012] NZEmpC 88 NZ Air Line Pilots' Assn Inc v Air NZ Ltd [pdf, 156 KB]

   ...ZEALAND AIR LINE PILOTS' ASSOCIATION INC Plaintiff AND AIR NEW ZEALAND LIMITED Defendant Hearing: 1 March 2012 (Heard at Auckland) Counsel: Richard McCabe, counsel for plaintiff David France, counsel for defendant Judgment: 8 June 2012 JUDGMENT OF JUDGE CHRISTINA INGLIS [1] These proceedings were removed from the Employment Relations Authority. They relate to the extent to which pilots employed by Air New Zealand Ltd are contractually entitl...

7. [2019] NZEnvC 198 Banora v Auckland Council [pdf, 5.2 MB]

   ...confirmed 31 August 2016. 2. Enforcement Order made after a defended hearing: - 9 December 2016. 3. Application to vary Enforcement Order lodged: - 21 December 2018. 4. Timetable for future events agreed between the parties: - 2 February 2019. 5. Judgment of Judge A A Sinclair in civil proceeding issued by Mr and Mrs Sanora against the Auckland Council; - and a counter claim by the Council - hearing in September, October and November 2018; Judgment issued 21 March 2019. 6. App...

8. [2025] NZEmpC 132 Burgess v Tutton Sienko and Hill Partnership [pdf, 136 KB]

   ...security for costs BETWEEN GARY OWEN BURGESS Plaintiff AND TUTTON SIENKO AND HILL PARTNERSHIP Defendant Hearing: On the papers Appearances: G Burgess, plaintiff in person A Keir, counsel for defendant Judgment: 1 July 2025 JUDGMENT OF JUDGE K G SMITH (Recall) [1] On 28 May 2025, I issued a judgment in this proceeding granting an application by the defendant for security for costs.1 [2] It has come to my attentio...

9. [2006] NZEmpC CC 13/06 Angel & Anor v Fonterra Cooperative Group Ltd [pdf, 99 KB]

   ...AND FONTERRA CO-OPERATIVE GROUP Defendant Hearing: 7 and 8 August and 22 September 2006 (Heard at Christchurch and Wellington) Appearances: A J McKenzie, Counsel for the first and second Plaintiffs G Pollak, Counsel for the Defendant Judgment: 13 December 2006 JUDGMENT OF JUDGE C M SHAW [1] Mr Angel and Mr Hutton were senior packing and blending operators at Fonterra’s Clandeboye milk plant, Timaru. They were two of four senior operators with responsibility...

10. [2025] NZEmpC 162 Postal Workers Union of Aotearoa Inc v NZ Post Ltd [pdf, 177 KB]

    ...WORKERS UNION OF AOTEAROA INCORPORATED Plaintiff AND NEW ZEALAND POST LIMITED Defendant Hearing: On the papers Appearances: S Mitchell KC, counsel for plaintiff H Kynaston and H Tevita, counsel for defendant Judgment: 5 August 2025 COSTS JUDGMENT OF JUDGE K G SMITH [1] The Postal Workers Union of Aotearoa Inc sought declarations pursuant to s 6(5) of the Employment Relations Act 2000 (the Act) on behalf of two named membe...