Search Results

1. X v S [2019] NZDT 1525 (20 November 2019) [pdf, 179 KB]

   ...paling fence on part of the boundary between their respective properties. TS and LS did not approve of what was proposed by TX and they have each issued a Cross Notice in opposition to TX’s proposal. TX seeks an order from the Tribunal determining the matters in dispute. [2] The applicable law is the Fencing Act 1978 (Act). Section 24 of the Act provides the Tribunal with wide powers in determining disputes under the Act. [3] At the first hearing it was agreed that a site visit shoul...

2. [2023] NZEnvC 072 Whangarei District Council v Robinson [pdf, 248 KB]

   ...that costs should not be used under section 285(1) of the RMA as either a penalty or as a route for pursuing a claim for any loss. If a cautious approach needs to be taken to the determination of a jurisdictional question which engages natural justice issues, then allowing time for that to occur (including the exercise of any right of appeal) ought not to result in an increased risk or an increased quantum of costs. The Environment Court has no jurisdiction to assess or award damag...

3. [2023] NZEnvC 024 Friends of Conical Hill v Hurunui District Council [pdf, 180 KB]

   FRIENDS OF CONICAL HILL v HDC – CONFIDENTIALITY ORDERS IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2023] NZEnvC 24 IN THE MATTER of the Resource Management Act 1991 AND an appeal under s 120 of the Act BETWEEN FRIENDS OF CONICAL HILL INCORPORATED (ENV-2022-CHC-007) Appellant AND HURUNUI DISTRICT COUNCIL Respondent AND HANMER SPRINGS THERMAL POOLS AND SPA Applicant Court: Environment Judge J E Borthwick Heari...

4. [2024] NZEmpC 47 Haven Falls Funeral Home Ltd v Tepania [pdf, 188 KB]

   ...the compensation award were to be paid to the defendant, then it would take a significant period of time to repay this from her wages. There is no evidence in support of this assertion. [11] Mr Duckworth submits that it is in the interests of justice for a stay to be granted and that the balance of convenience favours the plaintiff. Finally, he argues that because the defendant is working, she would suffer no hardship if the amounts were not paid to her. [12] Mr Kersjes, advocat...

5. [2023] NZEmpC 169 BDX v PZY [pdf, 195 KB]

   ...determination of the Authority does not function as a stay of execution of the determination.6 The Court has the power to order a stay but must first be satisfied that to do so would be in line with the overarching consideration of the interests of justice.7 [7] A number of well-established factors are to be considered such as:8 (a) whether the challenge will be rendered ineffectual if the stay is not granted; (b) whether the challenge is brought and pursued in good faith;...

6. [2007] NZEmpC WC 22/07 Tawhiwhirangi v CE of the Department of Corrections [pdf, 97 KB]

   TAWHIWHIRANGI V THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS WN WC 22/07 14 September 2007 IN THE EMPLOYMENT COURT WELLINGTON WC 22/07 WRC 26/07 IN THE MATTER OF proceedings for compliance and other orders removed from the Employment Relations Authority BETWEEN RAKAI HOEA TAWHIWHIRANGI Plaintiff AND THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS Defendant Hearing: 3 and 4 September 2007 (Heard at Wellington) Appearances: Barbara Bucke...

7. Pryor v Perenara - Matata 930 (2005) 105 Whakatāne MB 254 (105 WHK 254) [pdf, 4.5 MB]

   ...Maori Land COllli to appoint those 11 persons as trustees and the sequence of events which was outlined earlier followed, thus leading to this rehearing. The issue is whether or not the COUli should remove the respondents as trustees. Preliminary matter: At the commencement of the hearing Mr Hannan sought a rulUlg that Mr Dewes should not be allowed to give evidence on the grounds that he appeared as counsel for the applicant in the first lower COUli hearing. After hearing counsel and...

8. Access to Justice Business Survey Final Report - October 2024 [pdf, 767 KB]

   0 ACCESS TO JUSTICE: 2023 BUSINESS SURVEY FINAL REPORT 29 October 2024 1 Acknowledgements from the Ministry of Justice and the Ministry for Business, Innovation, and Employment Survey participants We would like to thank the 5,390 New Zealanders who took part in the survey and shared their stories. Service providers We appreciate the work of Ian Binnie and his team at Solasta Consulting who prepared for, and...

9. Application for a Protection Order [pdf, 887 KB]

   ...the legal authority to do so – such as a lawyer or a Justice of the Peace (JP) or Court Registrar. The Respondent receives your Affidavit when they’re served. For more information refer to the Affidavit guide. Without Notice This is where the matter is urgent and a Temporary Protection Order is required urgently. This means that the Respondent is not immediately told about the application when it is received by the court. They don’t get to respond to the Judge about the application...

10. Proactive-release-new-Whanganui-Courthouse-Cabinet-Paper_FINAL.pdf [pdf, 8.3 MB]

    Hon Paul Goldsmith Minister of Justice Proactive Release - New Whanganui Courthouse Implementation Business Case Date of issue: 04 April 2025 The following documents have] been proactively released in accordance with Cabinet Office Circu lar CO (23) 4. Some information has been withheld on the basis that it would not, if requested under the Official Information Act 1982 (OIA), be re leased . Where that is the case, the relevant section of the OIA has been noted and no public interes